Out of the spotlight: The rights of foreigners and minorities are still a grey area • the Convention on the Rights of the Child (CRC). At the time of writing, Greece had yet not signed or ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the UN General Assembly in 1990, which came into force on 1 July 2003. Greece ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) in 1974 and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment in 1991. As a member of the European Union (EU), Greece is also bound by EU Directives pertaining to refugee protection. 8 As of 2000 Greece has also been part of the Schengen area. The fundamental principle of non-refoulement, elaborated in some of these instruments and which is also recognized as a norm of customary international law, prohibits the return of anyone, regardless of their legal or other status, to a country or territory where 8 The main EU directives/regulations are: (i) Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, Official Journal n° L 212, 20 July 2001; (ii) Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum -seekers , Official Journal N° L 31, 6 February 2003 (iii) Council Regulation 343/2003/EC of 18 February 2003 Official Journal n° L 50, 25 February 2003; (iv) Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection Brussels, Official Journal n° L 304, 30 September 2004; (v) Amended proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status on 29 April 2004, 8771/04 Asile 33. Amnesty International 5 October 2005 7 they would be at risk of torture or other serious human rights violations. The national legal framework of Greece is also guided by this principle. Presidential Decree 61/1999 (PD 61/99) sets out the procedures for refugee status determination in Greece. The Decree defines as an asylum-seeker, and prohibits the removal from the country of, any foreigner “who declares, orally or in writing, to any authority on the entry points or inside Greek Territory, that they request asylum in [the] country or in any way asks not to be expelled to a country out of fear of persecution on account of race, religion, ethnicity, social class or political convictions” (Article 1.1). This is in compliance with international law, whereby asylum-seekers are assumed to be refugees unless or until they are found not to be in need of international protection. 9 The Decree further stipulates that asylum applications are to be examined at Security Police Departments and Aliens Departments within three months and further stipulates that in cases where the applicants are detained in areas within ports or airports, the examination of the applications should take place on the same day. The examination of a claim includes an interview with the applicant with the help of an interpreter provided by the Ministry of Public Order. The interview aims to establish the applicant’s identification details, the precise route followed into the country (including the overall itinerary of the asylum-seeker, including transit through safe third countries or EU Member States) and the reasons for flight from the applicant’s country of residence. The Decree notes that the applicant should be given enough time before the interview to prepare 9 UNHCR’s Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees notes in this regard that “a person is a refugee within the meaning of the 1951 Convention as soon as he fulfils the criteria contained in the definition. This would necessarily occur prior to the time at which his refugee status is formally determined.” UNHCR, Geneva, p. 7. AI Index: EUR 25/016/2005