Access to Legal Counselling, Information & Translation
Access to Legal Services
Access to Legal Services in Detention Regarding the Asylum
Procedure
Nearly 80% of respondents had applied for international protection,
and were either still in the asylum procedure, or had received
rejections. Those who received rejections had either missed their
appeal deadline or could not afford the 100 euro fee to apply for a
second subsequent application. Individuals who had previously
applied, but received negative decisions, are legally considered as
third country nationals staying illegally in Greece, and are therefore
subject to detention in view of removal under the amended Law
3907/2011.[201] However, many people who were detained on these
grounds did not receive appropriate information, translation or access
to legal counselling in order to complete their asylum procedure
fairly. In fact, the majority of people we spoke to did not know their
legal status while in detention, or the status of their application. As a
result, many individuals who are now considered under Law
3907/2011 - and no longer under asylum law - had been deeply
impacted by a lack of access to legal aid and thus international
protection throughout their time in detention. This pattern indicates a
systematic attempt to endanger applicants' access to information and
legal counselling throughout their asylum procedure and subsequent
removal, thus depriving access to their freedom and rights.
Only seven respondents were able to access free legal services from
the state or an NGO, and only four respondents reported access to
free legal support in the asylum unit for their asylum procedure,
although this was sometimes offered online through a video call.
Applicants for international protection are only granted free legal aid
for their asylum procedure when appealing a rejected decision.[202]
As a result, people are left with two options; find support from an
NGO or a private lawyer. The issue of legal representation and
assistance is one that is raised repeatedly by our clients. Across
Greece, legal NGOs providing support to people in detention are
limited, but include GCR, Equal Rights Beyond Borders, Equal Legal Aid
as well as Mobile Info Team. All organisations report a lack of capacity
to support detained individuals, forcing people to search for
alternatives. People frequently reported the use of privately paid
lawyers to support them with their asylum procedure, although many
could not afford this, leaving them in an information void which is
amplified by detention.
So, actually, the interpreter and
I talked to them. They told us
that because your case has been
rejected, you should pay 100
Euros. I said I don’t have it
unfortunately, how can I pay for
it? They said if you’re outside
the jail, also you have to pay it,
it’s the rule for everyone just
the same. I said If I am outside, I
can work, I can pay for it. But
inside how I can pay you? How
can I bring you some money
here? And he said that then
they hung up. They said it’s your
problem, it’s up to you.
Sayed, Corinth
So actually, I got rejected 3
times, then they asked me to
pay 100 euros to a lawyer, so I
paid, then the lawyer helped me
for my procedure, so after they
helped me to get out, I got my
protection.
Ehsan, Amygdaleza
Yes, [I want to appeal my
rejection] but actually in order
to appeal I need to have a
lawyer. I don’t have it here, so I
can’t apply for that. So I haven’t
appealed, I have to wait to go
out and then to appeal.
Esfandiar, Paranesti
51