114. In their communication of 5 February 2024, the Greek authorities indicated that the restriction
of liberty for the purposes of reception and identification would only last for the time required to
complete the procedure and not exceed the maximum period of 25 days from arrival, following which
the detention order would be immediately lifted. To ensure that the reception and identification
procedures are completed within this time, additional measures were being taken, in cooperation
with the European Union Agency for Asylum (EUAA), to enhance registration capacity.
Having regard to the above findings, the CPT recommends that all persons deprived of their
liberty in the CCACs are served immediately upon their arrival with a valid detention order.
Any extension must also be delivered on the day from which the extension is valid. Further,
all persons should be informed about the detention order in a language and form that they
understand, and provided with information on how to appeal the measure as well as its
lawfulness if they so wish.
115. In this regard, reference is made to the European Commission’s decision, in January 2023,
to launch an infringement procedure against Greece over the alleged failure to comply with EU law
in relation to the reception and detention of asylum seekers on the Aegean islands. The CPT wishes
to receive the Greek authorities’ comments in this regard.
116. Upon arrival at the CCACs and the RIC, foreign nationals did have the opportunity to contact
a third person to inform them of their situation and there was, in theory, access to a doctor
(see paragraphs 141-144). However, access to a lawyer was problematic due to the lack of lawyers
on the islands where the CCACs were located, the absence of clear legal advice provided to foreign
nationals about their situation by the management of the CCACs, and limited access to the CCACs
by organisations offering legal advice. Consequently, in practice, foreign nationals held in the CCACs
had only limited possibilities to challenge their detention and removal orders.
The CPT recommends that the Greek authorities make further efforts to ensure that foreign
nationals deprived of their liberty in the CCACs can effectively exercise their right of access
to a lawyer. This should include the right to have access to legal advice and the right to
benefit from access to free legal aid (see the recommendation in paragraph 42 above).
117. As regards information on rights, each CCAC had a so-called Information Unit and a
helpdesk, where information was provided to new arrivals, including a short information leaflet, which
explained their rights, the registration process and the asylum procedure. All applicants for
international protection were provided with mandatory information prior to their asylum application,
and rejected asylum seekers were informed about their right to receive legal aid for an appeal.
However, most of the persons interviewed by the delegation did not understand the information that
had been provided to them or the applicable procedures, and many persons tried to find an
interlocutor to whom to address their questions.
Further, the lack of interpreters was a real challenge at all CCACs visited. In this regard, the Greek
authorities informed the CPT that, as an emergency response, some additional interpreters were
deployed at the CCACs, with the support of the EUAA, who assisted in the registration and
information provision procedures. Reference is made to the CPT’s recommendations in
paragraphs 34 and 37.
3.
118.
Living conditions
The Kos CCAC has been designed around the former RIC on the slope of a hill. The main
accommodation sections are:
-
Two two-storey buildings (A1) for single parents and families with a capacity of
480 places;
Four two-storey buildings (A2) for single men with a capacity for 960 places;
A section for unaccompanied and separated children (UASC) with a capacity of
100 places;
Three one-storey buildings (C1) for a mixed population of single men and families
with a capacity of 360 places;
Two one-storey buildings (C3) for a mixed population of single men and families with
a capacity of 240 places.
36
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