Out of the spotlight: The rights of foreigners and minorities are still a grey area
showers. They were all examined by doctors at
the Centre for Rehabilitation of Torture
Victims in Greece and were issued documents
confirming that the scars on their bodies were
consistent with the torture they had described.
The individuals also claimed to have taken part
in the hunger strikes at various periods,
protesting against the conditions of detention
in the high-security prisons in Turkey. Their
medical certificates confirmed that these
individuals were suffering from symptoms
consistent with the Wernicke-Korsakoff
condition, a condition afflicting hunger-strikers
and resulting in permanent loss of memory,
loss of coordination, and vision impairment.
Despite these claims, the asylum applications
of all five individuals were rejected at first
instance. In one case, the authorities stated that
the examination of the application was
“interrupted” because the applicant had
changed address, in spite of the fact that in this
case, the applicant had informed the authorities
upon arrival at Athens of his intention to
relocate there from the area where he had filed
the application in order to have access to the
medical treatment that his condition
necessitated. In three other cases, police
authorities issued administrative deportation
orders while the individuals’ asylum
applications were still pending. These orders
were suspended on the intervention of the local
judicial authorities and their applications
assessed by the Ministry’s Committee.
However, in these cases, as well as in the case
of the fifth individual, although the majority of
the members of the Consultative Committee
(Appeals Board) recommended that refugee
status be granted, their applications were
rejected by the Ministry on the grounds that
the applicants had not “provided evidence that
substantiated the claims for fear of
persecution” and that instead they “had left the
country for economic reasons”.
In light of the medical evidence made available
to Amnesty International as well as interviews
carried out in Greece with the individuals
concerned, as well as personnel at UNHCR,
Amnesty International 5 October 2005
22
GCR and the Centre for Rehabilitation of
Victims of Torture who had dealt with these
cases, the organization believes that the
rejection of these applicants’ request for
asylum puts the individuals at risk of torture
and persecution if they are returned to Turkey.
Amnesty International believes that the
reasoning of the Committee’s decision does
not indicate due examination of the substance
of these applications, a failure that has
jeopardized the protection to which the
organization believes these individuals are
entitled.
The organization is further concerned that
lawyers in Greece claimed that in their
contacts with authorities about clients suffering
from Wernicke-Korsakoff syndrome, they
were told that this was not recognized as a
valid medical condition. Should this be the
case,39 the rejection of asylum applications of
Wernicke-Korsakoff sufferers on the basis of
inadmissibility of the medical evidence they
provide is of great concern. Amnesty
International considers such approaches to be
in breach of international law and standards
and to seriously endanger the lives of
individuals.
1.6 Conclusion
This chapter has sought to outline some of
Amnesty International’s main concerns arising
from research carried out on access to refugee
protection in Greece since 2002. Most of these
concerns have been communicated to national
authorities and international human rights
bodies in the course of that time. The concerns
highlight the failure of the authorities to
provide effective international protection to
refugees, in compliance with their obligations
under international human rights and refugee
law and standards.
39
This disease is recognized by the World Health
Organization and mentioned in its 2004 publication
Vitamin and Mineral Requirements in Human
Nutrition, 2nd edition. The syndrome is associated
with thiamine deficiency.
AI Index: EUR 25/016/2005
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