8. Lack of legal safeguards
8.2. Access to the outside world
The detainees’ access to the outside world, e.g. via phone,
is extremely restricted. More often than not, detainees
could not inform anybody about their detention and whereabouts. N.H., a minor detained in Fylakio, said after two
months in detention: »Until now I could not call my father
to tell him that I am alive.«160
There is no access at all to internet, radio, TV, newspapers
etc. In most cases, the deatinees’ personal items (i.e. mobile
phones, calendars, notebooks, books, documents etc.) are
confiscated by the police without proper registration or
storage, and without issuing a confiscation record. During
detention, they have no right to access their personal belongings. Upon release, things are rarely restored to them.
Many detainees complained to us, that for these reasons
they could not communicate with friends and relatives,
they could not effectively pursue their asylum claim with
the evidence they carried all the way to Greece.
In the Evros region, there is not any local NGO or association having access to the detention centres. There are,
however, a few Athens based NGOs, which temporarily run
programs in the region (MSF, GCR, ARSIS).
8.3. Interpreters
The absence of interpreters substantially curtails the rights
of detainees, including those of asylum seekers. In general,
no interpretation was provided to the detainees, neither
during their registration, nor during their detention. Many
times, co-detainees, who knew some poor English, covered
the lack of interpreters. Consequently, the validity even of
the initial registration of personal data is not guaranteed.
Complaints or requests, including the asylum claim, cannot
be heard or registered, let alone that a basic communication between the police and the detainees is made possible.
160 N.K. from Afghanistan; December 20, 2010 – Fylakio
49
8.4. The right to have a lawyer
and obstacles to legal aid
8.4.1. Ineffective access to lawyers
The detainees are not informed about their right to engage
a lawyer. Neither is access to NGO staff guaranteed who
could inform the detainees about their legal rights. Only
those who have relatives or friends in Greece or other
European countries can contact, engage and pay a lawyer.
In Alexandroupolis area, lawyers who wish to visit particular
detainees in the border guard stations, have to get a special
permission from the police authorities in Alexandroupolis
police directorate, indicating the name, surname and
nationality of the person they want to visit. Then, they have
to ask for another permit at the respective border guard
station itself.
In some cases, police arbitrarily denied access to the
mission’s lawyers, without any legal reasons. On April 14,
in the border guard station of Tychero, NGO lawyers asked
permission to visit three female detainees, earlier transferred from Feres border guard station. The police officers
denied access without any legal reasoning. Among the
three detainees in question, there was one who had
attempted suicide. The lawyers made a written request
in order to have access, but the answer is pending ever
since.
On the same day, the mission’s lawyers asked to consult
six detainees in the border guard station of Soufli, based
on an authorization letter previously handed to them by
the detainees, conferring the lawyers the legal right to
represent the detainees. Among the latter, there was T.U.
whose interview with the authorities was scheduled for
the following day. It was extremely important to prepare
him and to consult with the lawyers who would assist him
during the procedure. The head of Soufli border guard
police highhandedly denied access, even though it had
already been granted by Alexandroupolis Police Directorate. Furthermore, access to the detainees’ files was also
denied. Only after a couple of hours and repeated interventions, access was granted, but the time was not sufficient
to provide legal counselling.
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