Each member of the 21 Committees must examine 25 to 30 cases per month and issue a 61 decision within 10 to 30 days, depending on the procedure followed in each case. The Appeal Committee only hears cases in Athens. On the eve of the hearing, asylum applicants not residing in camps must make the long and costly journey to appear in person before the Appeal Committee, as required by law. 62 If they cannot afford to travel to Athens, they must find a lawyer to represent them, which is costly. If they do not comply with this obligation, their appeal is rejected as "manifestly unfounded". The procedure before the Committee is predominantly written and based solely on the information and documents already in the applicant's file. 63 Their participation in the hearing is no more than a name on the list of enrolled cases, where they wait to be called and present their asylum card to prove their presence. Applicants are only heard in exceptional cases, under the limited conditions laid down by law. 64 Where an applicant exceptionally appears before the Appeals Committee, no interpretation is available. If an applicant has the financial means to hire a lawyer to represent them during the examination, the lawyer may be allowed to speak and briefly present their client's case. ______(3) Effectiveness of remedies after a second instance rejection decision: judicial reviews Access to justice following a second instance rejection decision remains a significant challenge. The high costs associated with judicial proceedings represent a significant barrier. 65 Furthermore, ELA has observed that delays in the processing of cases by the competent courts in Athens and Thessaloniki are considerable. In particular, the examination of requests for interim measure, which are intended to be an emergency procedure, at the Athens Administrative Court is delayed, with an average of three to six months elapsing between submission and a decision. This leaves applicants in a legal limbo, undocumented, and without access to reception conditions while the request for judicial review is pending. 3. LIVING CONDITIONS OF ASYLUM SEEKERS a) Overcrowding ______ (1) Samos The CCAC was designed to accommodate 2,040 people yet in December 2023, 3,890 were held in the CCAC. In a context of facing public criticism for severe overcrowding in the facility, in 66 September 2023 the authorities increased the official capacity of the CCAC to 3,650. This was done without any justification and without further beds, rooms or facilities being provided to o accommodate people. 67 In 2023, the Greek Ombudsman received several complaints regarding _________________________________ 61. i.e. Athina Kalogridi. 2023. ‘Who really gets a second chance in Greece’. Equal Legal Aid. Available at: https://www.equallegalaid.org/qui-a-une-veritable-seconde-chance-en-grece/.normal or accelerated procedure, inadmissible application, applicant in detention, Article 100(7), Article 106, Greek Law 4939/2022. 62. Article 83(3), Greek Law 4939/2022. 63. Prior to a 2016 recast, applicants were able to present their request orally before the Appeals Committee recast, Greek Law 4375/2016. 64. Article 102(3-4), Greek Law 4939/2022. 65. Indicative list of legal representation fees during judicial reviews before the Greek administrative Courts: submission of a provisional measures request €50.00; submission of an annulment requests €150.00. Additional fees to the Bar associations (without VAT): pleading before the Court during the hearing €203.00; submission of a memo €85.00€; submission of a provisional measures request €85.00€; submission of an annulment request €117.00€. Cost of the bailiff notification: €43.40 (mandatory). Average cost of a notarized power of attorney: €60.00€. 66. 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://ihaverights.eu/wp-content/uploads/2024/01/Joint-Statement-Samos.pdf. 67. Greek National Commission for Human Rights. 2024. Επιτόπια επίσκεψη ΕΕΔΑ στη Σάμο: Μη σύμφωνες με τα βασικά πρότυπα οι συνθήκες υποδοχή�� στην ΚΕΔ Σάμου. Available at: https://nchr.gr/images/pdf/apofaseis/prosfuges_metanastes/Ekthesi_Samos_2024.pdf. 08

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