26
THE DUBLIN II TRAP
TRANSFERS OF ASYLUM-SEEKERS TO GREECE
The asylum-seekers interviewed by Amnesty International reported that, while at the airport,
they did not receive any legal advice. Apart from the Afghan woman with four children
transferred from Denmark described above, who had access to an Amnesty International
representative, none of them was made aware of their rights and duties while in detention at
the airport facilities or during their asylum interview or had access to effective legal counsel,
UNHCR or appropriate NGOs.88
As a general rule, lawyers representing asylum-seekers should have access to their records.
According to GCR, it is difficult for lawyers to gain access to the files of asylum-seekers
because asylum-seekers need to give specific authorization, and the authorities (police or
other state authorities) have to authenticate their signatures. Such authentication is not
always possible for people whose pink cards have expired or who have received a deportation
order. Consequently, if an asylum-seeker fails or is not able to authorize his or her lawyer due
to their status, then the lawyer will be unable to obtain the asylum-seeker’s files in order to
effectively represent them. The Greek Ombudsman has also raised concern about this
administrative obstacle.89 Even when the lawyer has the necessary authorization, access to
the file is not immediately granted. There are cases in which lawyers, who requested copies
of the files, had still not received them a year later.90
As outlined above, the absence of a legal aid system during the first stage of the asylum
procedure severely limits the ability of most asylum-seekers to access legal advice or
representation.91 The only way to receive free legal assistance is through the nongovernmental or charity sector, but the number of lawyers in Greece who can provide their
services to registered asylum-seekers free of charge is extremely limited. Those, who do so,
include lawyers working for NGOs such as the GCR, the Ecumenical Programme for Refugees
or the Team of Lawyers for the Rights of Refugees and Migrants. The Red Cross also ran a
programme of legal advice for refugees in Patras following the campsite evictions of July
2009 (see below under Access to accommodation).
Greek legislation provides for the granting of legal aid only with regard to an application to
annul a negative decision to the Council of State.92 Article 11(2) of PD 90/2008 states: “The
asylum applicant who files an annulment application against the negative decision is
provided with free legal aid in accordance with Law 3226/2004 (Legal aid for low income
persons).” However, the provision of legal aid for applications for annulment is not immediate
but must be granted by the Council of State judge in charge of the case. Moreover, one of the
main problems with the free legal aid system is that lawyers are reluctant to add their names
to the legal aid lists of local Bar Associations since the proceedings are lengthy and payment
often takes over a year.93
While there are private lawyers who could take on asylum applications, their fees are usually
too high for asylum-seekers’ budgets.94 Most NGOs which offer legal counselling to asylumseekers suffer from a lack of resources and/or are reliant on project funding of limited
duration. According to Lazaros Petromelidis, Director of GCR: “There cannot be national
strategies and policies with occasional funding given by the EU. When this funding stops the
structures stop working as well.”
Many organizations working on refugee issues are currently struggling to find adequate funding.
According to Giannatos Dimitrios, director of Mosaic, an NGO offering psychological support to
Amnesty International March 2010
Index: EUR 25/001/2010
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