THE DUBLIN II TRAP
TRANSFERS OF ASYLUM-SEEKERS TO GREECE
33
Amnesty International has also followed closely a case concerning Turkish citizens of Kurdish
origin including four unaccompanied minors, who were returned to the Turkish authorities
under the framework of the bilateral Readmission Agreement between Greece and Turkey,
despite the fact that they had requested asylum in Greece. On 27 August 2009, Amnesty
International wrote a letter to the Minister of Interior and copied the relevant authorities
expressing, amongst other issues, its concerns over the case and the failure to respect the
principle of non-refoulement. In the letter, Amnesty International also requested clarification
about the course of events.
The asylum-seekers were among a group of 43 people (40 Turkish citizens of Kurdish origin and three Syrian
citizens of Kurdish origin), who were arrested by the Greek coastguard on the northern coast of Crete on 20 July
2009 for irregular entry into the country. On 27 July 2009, 21 of these individuals, including four
unaccompanied minors, reportedly expressed their wish to seek asylum but the police officers on duty
reportedly refused to register their applications or facilitate their access to the Chania Police Directorate to
lodge their asylum applications. With the assistance of lawyers and interpreters from a local NGO and the
Chania Bar Association who had visited the 43 individuals on that day, 17 adults wrote and signed short
asylum applications and tried to submit them to the police officers on duty. However, according to members of
the local NGO and the representatives of the Human Rights Committee of the Chania Bar Association, the
police officers responsible for their detention refused to accept their applications. On 28 July 2009, the Human
Rights Committee of the Chania Bar Association submitted written asylum applications to the Chania Police
Directorate, using a Court Process Server with a letter explaining the grounds for such submission. A few days
letter, the Chania Police Directorate returned the asylum applications on the grounds that they were not
submitted in person by the applicants themselves.
However, on 27 July, without warning, all individuals were transferred under police custody by boat to Athens
and from there to Evros in the border region with Turkey on the following day.
UNHCR, Amnesty International and various other NGOs including the Chania Migrants Forum and the GCR sent
faxes and letters to the competent central and local authorities requesting that the removal of the asylumseekers be halted. However, 18 Turkish asylum-seekers of Kurdish origin, including the four unaccompanied
minors, were among the 40 detainees who were handed over to the Turkish authorities on 30 July 2009. Two of
the three Syrian asylum-seekers of Kurdish origin were released while the third was detained in the holding
facility of the Aliens’ Subdirection of the Attica Police Directorate. The Greek Ombudsman’s office launched an
investigation into the incident in October 2009 but had not published its findings as of March 2010.116
UNHCR has located the persons concerned in Turkey after their transfer and noted that “…their return without
consideration of their request for international protection highlights the need for safeguards to ensure respect
for the principle of non-refoulement”.117
In addition to the cases above, Amnesty International has received a number of allegations
from Iraqi and Afghan citizens, including people who stated that they were minors, saying
that when they entered Greek territory they were unable to apply for asylum, despite their
need for protection, mainly because they were refused access to the Petrou Ralli building. As
a result, they were subsequently detained by Greek police as undocumented migrants and
were expelled to Turkey where they faced a risk of chain refoulement. For instance, a 17year-old unregistered Afghan asylum-seeker returned to Greece from Italy told Amnesty
International delegates:
Index: EUR 25/001/2010
Amnesty International March 2010
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