The aim – and hope – of this transient population, in most cases, is to move to another European country where they can seek international protection and access their basic rights. The population on the move consists mostly of male minors or adults from various countries such as Afghanistan, Sudan, Eritrea, Somalia, Morocco and Algeria. Most of them hold a deportation order, issued at the place where they entered in Greece (and consequently the place of their arrest). Many have been repeatedly arrested in the past by the Greek authorities, but then released, as their deportation was not feasible, and they are then issued with a document ordering them to leave the country by their own means after a prescribed period (of 6 days, 30 days or even 60 months). This deportation order – still valid or expired – grants no rights to its holder. Their lives remain in limbo. Nevertheless, this transient population includes refugees and asylum seekers in need of international protection and/or vulnerable cases, such as minors or victims of torture. There are also many holders of a “pink card” given to registered asylum seekers - and others who wish to apply for asylum in Greece, whose claims have been refused. Many of the asylum seekers in Patras come from Athens, because they were unable to access asylum and reception procedures in the capital. 12 2.1. Access to asylum and reception conditions in Patras Applications for international protection in Patras are processed by the Sub-Directorate of the Police Directorate of Patras. The General Police Directorate of the Region of Peloponnesus is the competent authority for examining 12 Access to asylum is almost impossible in all over the country. See: Asylum campaign about access to asylum in Athens: http://asylum-campaign.blogspot.com Press Release by the GCR (19.03.12): www.gcr.gr/node/651 Press Release by the Group of Lawyers for the Rights of Migrants and Refugees, Athens (19.03.12): http://omadadikigorwnenglish.blogspot.com/2012/03/one-month-at-petrouralli-press-release.html#more Press Release by the Group of Lawyers for the Rights of Migrants and Refugees, Athens (02.03.12): http:// omadadikigorwnenglish.blogspot.com/2012/03/press-release. html#more 13 The support programme at the Red Cross in Patras for refugees and asylum seekers provides for one lawyer one social worker and one interpreter (Farsi/Dari). Source: Interview with Elisavet Nikolakopoulou (Red Cross lawyer) and Christos Karapiperis (Red Cross social worker) on May 11, 2012. applications for international protection in its territorial jurisdiction. Nevertheless, it is virtually impossible for anyone in Patras to apply for asylum from these authorities, without the support of a private lawyer or of an NGO. The Red Cross is the main organization in Patras, which offers legal advice to asylum seekers and in practice, assists them throughout the asylum procedure. The NGO Praksis offers assistance to unaccompanied minors who wish to apply for asylum. Even with the help of a lawyer, access to the asylum process is not unlimited. The authorities accept only two asylum applications per week, submitted with the support of the Red Cross lawyer. According to the Red Cross, the waiting list for the pending asylum applications during our research in May 2012, would reach the number of 80. Most of them try to apply for asylum since January of the same year. 13 Anyway, most of the persons who told us that they want to seek for asylum alleged fear of walking to the offices of the NGOs due to repeated cases of ill-treatment and arrest by law enforcement officers on the streets. If the applicant is homeless and cannot provide an address, the processing of asylum applications is not always guaranteed. During the waiting period, refugees are at risk of arrest and deportation. A number of asylum seekers we spoke to whose asylum applications were still pending, complained of that they faced harassment and arrest by the Greek authorities, even when trying to reach the Red Cross offices. 14 14 Patras at the Factory of Peiraiki Patraiki April 2, 2012: Meeting with a group of approx. 10 Sudanese and Eritrean refugees in the place where they live. Most of the persons said they wanted to apply for asylum, but they referred to many practical obstacles, such as the danger of being arrested or beaten on the way to the Red Cross, long waiting times, no possibility to apply for asylum on their own because they lack an address and the police does not accept their applications if not registered with the help of an NGO etc. Two of the present persons had already applied for asylum and were holders of a Pink Card. These two were complaining that the Pink Card was not offering them any protection or support. They still continue living under miserable conditions and homeless being permanently in danger of different forms of exploitation and violence. Other persons had already an appointment for the examination of their asylum application before the authorities. All persons said they had suffered from police violence and racist violence many times. When we asked them if they wanted to tell us individually about these incidents they denied explaining that they don’t believe it would make any difference since their situation would never change. They also expressed their fear of the police. In addition, asylum seekers with a temporary residence permit face further difficulties when trying to renew their “pink card”. They cannot renew it if they cannot provide an address in Patras. 15 If their application has been registered – and therefore the “pink card” has been issued – by another competent authority (i.e Igoumenitsa or Athens), they have to make their way to the city where they first made their application – often on foot in the absence of any financial means – otherwise their claim may be refused because they did not comply with the obligations prescribed by law. Moreover, even if an asylum seeker states before the competent authorities that he is homeless and in need of accommodation, they rarely receive any assistance and often remain homeless for months or even for years in deplorable conditions, without access to water, food, appropriate medical treatment etc. – all of which constitutes degrading and inhumane treatment. It is obvious therefore, that the refusal of the Greek authorities to register asylum applications, the absence of reception facilities for undocumented migrants and the insufficiency of reception conditions for asylum seekers is part of a wider policy of deterrence in the city of Patras, intended to discourage and directly prevent asylum seekers from claiming asylum in the city. 2.2. Access to healthcare and medical certificates According to Greek law 16 hospitals and clinics are allowed to provide their services to adult undocumented migrants only in cases of emergency. Furthermore, according to a Ministry of Health circular 17, employees of the aforementioned services who provide these services are subject to discipline and even criminal liability for having abrogated their duties (par. 4). Moreover, according to this Circular, medical treatment must be provided to adult undocumented migrants exclusively in cases of emergency and until their medical condition has stabilized. On the basis of all the above, it is evident that Greece grants only the most re15 This problem was documented already in 2008 by Amnesty International Greece who stated that: “Some had tried to renew their card in Patras in 2008 but the police would not renew their card since they were homeless and living in a camp, and could not provide a permanent address.” (Amnesty International 2010, p.24) strictive access to medical care to undocumented migrants and, by extension, equally restricted access to health. 18 A public discourse exemplified by Minister Loverdos of the Ministry of Health and Social Solidarity, routinely refers to migrants in Greece as a “hygienic bomb”, a “threat to public health” and a “financial burden” on the health system, because of the free treatment offered to irregular immigrants. Such language has contributed to further discrimination against migrants in the public health sector. In Patras the vast majority of the population (apart from the holders of a “pink card”) have only emergency access to hospitals. The NGOs Praksis and the Red Cross provide the only alternative medical treatment for undocumented migrants, a few days a week. Nevertheless, most of the migrants and refugees we met (even holders of “pink cards”) told us they are afraid to walk in the streets or try to reach the hospitals or NGOs to receive medical treatment because they may be stopped and ill-treated by police. Even if they manage to access public hospitals, they usually have no money to buy the medicines prescribed to them, and some have no access to medical treatment of any kind. As reported by refugees, migrants, NGOs and solidarity activists the hospitals often do not document cases of ill-treatment and violence, but only refer to the health problem and the treatment prescribed (i.e broken leg, treatment cast for one month). Moreover, the lack of interpreters in the hospitals does not facilitate their medical examination and hinders the documentation of cases of ill-treatment. Those who have no papers, even when treated as emergency cases, are not granted medical certificates by the hospital, even though such documents constitute essential evidence in cases of maltreatment. 16 According to article 84 (1) of Law 3386/2005 (Entrance, residence and social integration of third countries’ nationals in Greece) 17 OIK/EMP518 18 Decision Regarding the Right to Health of Undocumented Migrants, Greek National Commission for Human Rights: http://www.nchr.gr/category.php?category_id=326 11