Asylum procedures are further delayed by staff shortages and technical issues affecting the
entire asylum system. 28
2. LACK OF ACCESS TO LEGAL ASSISTANCE BY ASYLUM SEEKERS
Article 34 of the Greek Lawyers Code guarantees unrestricted access to public facilities for
29
lawyers upon presentation of their professional ID. Following persistent restrictions on the ability
of lawyers to enter camps and CCACs, a December 2022 opinion of the Bar Association of
Athens clarified that lawyers are permitted free access to facilities accommodating refugees and
30
asylum seekers without prior notification of camp management. The Bar Association also
clarified that authorities must additionally ensure that persons undergoing reception and
identification procedures are able to maintain contact with CSOs which may provide legal or
31
social assistance to them. In practice, these obligations are not respected.
a) Restrictions on lawyers to enter facilities
_________(1) Samos
The RIS requested that lawyers from IHR, Avocats Sans Frontières France and Human Rights
Legal Project provide prior notice to enter the CCAC and require accompaniment by security staff
during their visit.32 In a joint complaint made to the Greek Ombudsman, the organisations
highlighted the isolated location, the infrequency of buses and strict curfew, hindered access to
legal support for people seeking asylum. 33 The Greek Ombudsman determined that the RIS’
practice was overly restrictive and not in line with the Lawyers Code,34 and that given the short
deadlines involved in the asylum procedure, it is important that the RIS exercise flexibility.
Referring to the accompaniment of lawyers by security staff during their visit to the CCAC, the
Ombudsman remarked that all privacy and confidentiality guarantees must be safeguarded. 35
_________(2) Mainland
According to research conducted in 2023 by MIT and RLS, 100% of respondents reported a lack
of access to information, translation or legal support while undergoing reception and identification
procedures within the mainland RICs. 36 Consequently, this impacted their ability to navigate
_____
_________________________________
28. The Greek Ombudsman. 2024. The Challenge of Migratory Flows and Refugee Protection - Reception Conditions and
Procedures. Available at: https://www.synigoros.gr/el/category/ekdoseis-ek8eseis/post/ek8esh-or; 902.gr. 2023. ‘Να αποκατασταθεί
άμεσα η υπηρεσία ασύλου’. Available at: https://www.902.gr/eidisi/koinonia/331861/na-apokatastathei-amesa-i-ypiresia-asyloy;
efsyn.gr. 2023. ‘«Πάμε κι όπου βγει...» για αξιολόγηση- εργασιακά στο υπ. Μετανάστευσης’. Available at:
https://www.efsyn.gr/ellada/dikaiomata/385043_pame-ki-opoy-bgei-gia-axiologisi-ergasiaka-sto-yp-metanasteysis.
29. Article 34, Greek Law 4194/2013, Lawyers Code.
30. Bar Association of Athens. 2022. Legal Opinion File No 185. See Annex 1. Bar Association of Athens, Legal Opinion on Access of
Lawyers.
31. Article 44(g), Greek law 4939/2022.
32. Avocats Sans Frontieres France, I Have Rights and Human Rights Legal Project. 2023. Greek Ombudsman finds that the CCAC is
unlawfully
restricting
access
to
lawyers.
Available
at:
https://ihaverights.eu/ccac-unlawfully-restricting-access-tolawyers/#:~:text=The%20Greek%20Ombudsman%20found%20that%20current%20practices%20insisted,entry%20book%20are%20s
ufficient%20conditions%20for%20their%20entry.
33. Ibid.
34. Article 34(2), Greek Law 4194/2013, Lawyers Code.
35. Ibid.
36. Mobile Info Team. 2023. Protection Unavailable: Dysfunctional Practices and Restrictions on the Right to Asylum. Available at:
https://www.mobileinfoteam.org/ric.
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