Between 1 July 2023 and 31 August 2023, over 4,000 people arrived on Samos. During this
period, IHR research found that people were unlawfully held up to one month in the CCAC
without issuance of written documentation providing for their detention. 49 252 clients of IHR
entered the CCAC between 26 June 2023 and 27 April 2024. In 109 cases, people who entered
between 23 August and 29 December had to wait 25 days or over before the issuance of the exit
ban. In over 70 of these, the waiting time was over 40 days and around two months in over 25
cases. 50
In September 2023, new arrivals were held in a further sub-section of the ‘temporary
accommodation zone’ without access to medical care. 51 Mobile phones were taken from every
newly arrived person and withheld for up to two weeks, depriving individuals of the opportunity to
speak with legal actors on the phone or over text. Therefore, applicants were detained for periods
without a written order, in a subsection of the CCAC without access to basic services and without
access to their phones to contact lawyers.
_________(2) Mainland: Access to legal assistance in reception facilities
Between June and December 2021, ELA carried out a survey on access to legal aid for asylum
seekers in reception facilities in Northern Greece. 52 While 95% of respondents considered that
access to legal aid is essential, necessary or useful during their asylum procedure, 42% of
respondents reported not having access to legal assistance during their asylum procedure. When
respondents had access to legal assistance, 49% of them reported that they only once met with a
lawyer or advocate. Of those that did not receive legal assistance during their asylum procedure,
66% explained that they could not find a lawyer. 53
c) Access to legal aid to challenge negative decisions
_________(1) State-funded legal aid after a first instance rejection decision
Despite efforts to increase the number of lawyers on the national registry, the number remains
insufficient to meet the needs. Furthermore, the submitting organisations have observed patterns
of malpractice that significantly hinder the exercise of the right to legal aid. Foremost, applicants
report that they are often not in contact with the lawyer appointed to their case. Further,
applicants are often not clearly informed that an application for legal aid through the Greek
registry has been made on their behalf. In several instances, lawyers from ELA found that a
registry lawyer was appointed in their place by the asylum office. Upon collection of rejection
decisions, applicants were asked to complete forms that were neither translated nor explained to
them. At this point, and without sufficient information, applicants had requested that a statefunded registry lawyer be appointed in lieu of their lawyer of choice, despite contrary and explicit
_________________________________
49. Avocats Sans Frontieres France et al. Joint Statement. 2023. Unlawful detention and worsening conditions: Over 4,000 asylum
seekers unlawfully detained on Samos and Lesvos. Available at: https://reliefweb.int/report/greece/unlawful-detention-and-worseningconditions-over-4000-asylum-seekers-unlawfully-detained-samos-and-lesvos.
50. See also: Refugee Support Aegean et al. Joint Statement. 2024. Not again in 2024: Call for upholding human rights in the Samos
Closed Controlled Access Centre. Available at: https://rsaegean.org/en/joint-statement-samos-ccac/.
51. Avocats Sans Frontieres France et al. Joint Statement. 2023. Unlawful detention and worsening conditions: Over 4,000 asylum
seekers unlawfully detained on Samos and Lesvos. Available at: https://reliefweb.int/report/greece/unlawful-detention-and-worseningconditions-over-4000-asylum-seekers-unlawfully-detained-samos-and-lesvos.
52. The anonymous 10-question survey was translated into 10 languages. Equal Legal Aid. 2022. Access to legal aid for people on
the move. Available at: https://www.equallegalaid.org/wp-content/uploads/2022/01/Rapport_EN_access-legal-aid-on-the-move.pdf.
53. his is also confirmed by the Danish Refugee Council who between July and November 2022 conducted a needs assessment
survey. The 19 legal aid organisations that participated highlighted legal aid gaps in several areas. This included judicial
representation in asylum cases and GBV cases, as well as legal support in the safeguarding of social rights and family
reunification.Danish Refugee Council. 2023. Legal Aid Actors Survey.
06