tion with the increase of the flows from 2015, are the main
reasons that the competent authorities failed to manage
the incoming population. More specifically, it is worth noting
that in implementation of Law 3907/2011 only one First
Reception Center had been put into operation, at Fylakio,
Orestiada (land border in the North-East of the country).
Considering the fact that the increase of the entry flows already since the end of 2014 is encountered mainly in the
Aegean islands, it is not hard to realise the magnitude of
the problem regarding the insufficiency of appropriate procedures for the identification of vulnerable persons by the
understaffed First Reception Teams or Mobile Units, as well
as the inability to provide special care for these persons.
A typical example is that of the First Reception Center in
Moria, Lesvos, which opened in March 2015, with significant
problems in its operation. On the other Aegean islands (Samos, Chios, Kos and Leros), which did not have a similar service in operation, from 2015 and until the establishment of
the Reception and Identification Centers (RICs), in the first
quarter of 2016, to which thousands of people arrived each
day, the identification of vulnerable persons who required
international protection was even more problematic.
For instance, in June 2015, during an on-site inspection
at a Pre-removal Center in Northern Greece (Drama), the
Greek Ombudsman saw that they were holding among the
adults a group of young people who had entered from Chios,
but without having registered them as minors (as regards
the issue of age verification see Chapter A.3).
The Greek Ombudsman has ascertained significant omissions
also in the procedure for the identification and protection of
persons who are persecuted due to their sexual orientation
or gender identity, despite the existence of an explicit obligation both by international and EU law. The case of a lesbian
woman seeking asylum is indicative - the Ombudsman intervened towards the Asylum Service and the Hellenic Police,
reminding them of the obligation to examine eligibility for
refugee status in cases of LGBT applicants and at the same
time stressing the need for the interview to be conducted in
conditions that ensure secrecy and confidentiality.34
vulnerable persons with special reception needs also cases
of victims of violence on grounds of gender, sexual orientation or gender identity in its observations to the draft law
for the reception of applicants for international protection
(Directive 2013/33/EU, recast 29.6.2013). In particular,
it recommended to the Ministry of Migration Policy to take
special care in the reception of applicants for international
protection that have these characteristics with special reference to the law, since this need emerged from the investigation of relevant reports.35
Similar is the situation with other categories of persons that
belong to vulnerable groups, such as people with disabilities,
with significant shortcomings in all stages of the procedure
from the identification of these persons to the lack of suitable reception conditions.36
According to the applicable legislative framework, there is
an obligation to provide special care to vulnerable persons,
at all stages of the procedure from their entry into the country, including the registration and review of the application
for international protection. Also, it should be reported that
even after the EU-Turkey statement, the provisions of Law
4375/2016 regarding the special procedures at the borders do not apply to those who belong to vulnerable groups,
who are in principle exempted from readmission procedures. Specifically, in Article 60(4)(f) of Law 4375/2016,
as amended and in force, it is stated that anyone falling under the provisions of Articles 8 to 11 of Regulation (EU) No
604/2013 of the European Parliament and of the Council
(Dublin III Regulation) is exempted from the special procedures for the receipt and examination of international protection applications at the borders, including the persons
belonging to vulnerable groups, according to Article 14(8)
of Law 4375/2016.
According to the applicable laws (Article 14(8) of Law
4375/2016), there is provision that the Director of the
Center or the Unit, following a recommendation of the head
of the medical and psychosocial support team, refers the
persons belonging to vulnerable groups to the competent in
each case social support or protection agency. A copy of the
medical check and psychosocial support file is sent to the
In order for LGBT persons seeking international protection to be met with the appropriate treatment and care, the
Ombudsman noted the need to include in the definition of
35 Annual Report 2016, pg. 121 at https://www.synigoros.gr/resources/
ee2016-14-diakriseis.pdf
34 See relevant report No. Φ 212092/2016.
36 Human Rights Watch, Greece: Refugees with Disabilities Overlooked,
Underserved, January 2017 Identify People with Disabilities; Ensure Access to
Services.
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