Executive summary & recommendations
Access to asylum
No arrangements are currently in place to ensure access to asylum in mainland
Greece. Refugees are prohibited from direct access to the Asylum Service to register
a claim. They must first report to a Reception and Identification Centre (RIC).
Appointments for registration at the mainland RIC (Malakasa, Diavata) were managed
via an online platform from July 2022 to May 2023. Greek authorities do not consider
those as “making” of an asylum claim. People awaiting an appointment are arbitrarily
arrested and detained for removal.
The Committee should request Greece to detail the specific measures it has introduced
or aims to introduce in order to grant access to the asylum procedure on the mainland
within the deadlines set out in EU and domestic law.
Remedies against removal orders from the Hellenic Police are inaccessible and
ineffective. Only 1.3% of removal orders were appealed last year. Only 2.7% of appeals
were granted.
The Committee should urge Greece to take concrete steps to enhance the
accessibility and effectiveness of remedies against Hellenic Police removal decisions,
and to report on progress achieved.
Greece enforces de facto deprivation of liberty throughout the reception and
identification process in the RIC and has faced related infringement proceedings from
the European Commission for poor transposition of EU law.
The Committee should request Greece to repeal Article 40(a) of the Asylum Code and
to report on measures taken to comply with the right to liberty vis-à-vis the “restriction
of movement” regime in RIC, in light of the January 2023 infringement procedure
launched by the European Commission.
Asylum procedure
The designation of Türkiye as a safe third country under a list enacted in June 2021 has
resulted in arbitrary denial of protection and legal limbo for over 10,000 refugees. Greek
authorities disregard critical evidence on the Turkish asylum system, including case law
of the European Court of Human Rights, and consistently misapply human rights
standards.
The Committee should request Greece to report on the exact steps taken to ensure
that a thorough assessment of Article 3 risks in Türkiye has been conducted prior to its
designation as a safe third country, including of the lack of prospects of readmission.
Appeals Committees dismiss thousands of appeals and issue deportation orders
without an assessment on the merits, on the sole ground that refugees do not appear
in person or do not submit a camp residence certificate within short deadlines.
The Committee should request information from Greece on how Appeals Committees
comply with the principle of non-refoulement when dismissing asylum appeals on
formal grounds without any assessment on the merits, pursuant to Articles 83(3) and
102(2) of the Asylum Code, and to revisit the provisions concerned.
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RSA COMMENTS│ 2023