34
have given detained persons incorrect legal
detained persons with individualised orders
information regarding their detention and
and information on their detention. More
legal procedure. For example, Marwan
specifically, the report found that most people
explained that,
interviewed had never received a copy of their
“I got no information about detention. Only one
time I asked a doctor about it, and the doctor
explained that I had to be detained for six months
detention order or had its contents translated
to them.80 Additionally, the report concluded
that the police issued template detention
because I was in a border area,” an assertion that
orders that were often riddled with procedural
has no legal basis.
errors.81
As explained previously, police also threaten
The trends observed in the first edition of this
detained persons with the prolongation of
report remained the same during the period
their detention orders under no legal basis.
covered by this update. A lack of interpretation
A trend not highlighted in the November 2021
report but that was relatively common in
participants’ testimonies this year was police’s
dismissiveness of detained persons’ requests
for information regarding legal services. Four
participants noted that the police were
unhelpful when asked if they had information
regarding legal services. Naeem explained,
in the PRDC remained a persistent problem
throughout the reporting period, with only a
Sorani interpreter available for most of the
time. As of 01 January 2023 there were no
interpreters in the PRDC at all. All of the
participants stated that they were not given
information regarding the reasons for their
detention. In some cases, participants stated
that although they received a copy of their
“When arriving to detention, I asked for a lawyer,
detention order, they didn’t understand the
but the police said they didn’t know any,” while
contents of it because it was issued in Greek
Kenan shared, “I got no help from the police.”
and the police did not provide interpretation. If
Jalal also said that when he asked for a lawyer,
participants received any information about
“They told me to speak to the commander, but I
never found him. No explanation was provided to
me, and I signed documents without any legal help.
I don’t know what I signed.”
their detention at all, it generally concerned
the length of it and not the reasons. Equal
Rights also observed that clients during this
reporting period often did not have copies of
their detention order and were unaware that
Accessing legal services, which is already a
they were in administrative, rather than
difficult feat for detained persons on Kos, is
criminal, detention.
thus made more difficult by police dismissing
detained persons’ requests for legal help.
Additionally, Equal Rights analysed 10
detention orders issued to rejected asylum
2. Detention Orders and Reasons for
Detention
seekers between May 2022 and November
The November 2021 edition of this report
9/10 of the orders contained identical
highlighted the police’s failure to provide
reasoning—namely, that the person was a risk
80
Detained and Forgotten, supra note 3, at 28-30.
2022. Through that analysis we found that
81
Detained and Forgotten, supra note 3, at 28-30.
‘Still detained and forgotten’ – Update on Detention Policies, Practices, and Conditions on Kos 2022/23