»The truth may be bitter, but it must be told«
Problems highlighted
in the detention centres on Chios,
Samos and Lesbos
De facto denial of legal protection
It is almost impossible for detainees to access their
rights. They are rarely even informed of their rights. In
particular the right to access the asylum procedure is
completely denied those in detention.
A detainee can appeal against a removal order or a
detention decision. Within five days of having received a
removal order an individual would have to appeal to the
Ministry of Public Order. An appeal against a detention
decision could be lodged at an administrative court. In
Samos the administrative court is in Syros, while the
relevant administrative court for Chios and Lesbos is in
Mitilini.
In practice, however, in the absence of legal representation, and given the lack of information on the process,
these rights of appeal against removal orders and
detention decisions are rarely realised. The detainees
simply do not have the financial means to hire a lawyer.
The same problems prevent people from lodging an
asylum claim.
In the detention centre on Samos, only one lawyer is
active; pay for this position is minimal (300 euros/
month). Given the numbers of detainees, he is not in
a position to be able to give legal advice to individuals
or to lodge appeals on their behalf. In the detention
centre on Chios there is also one lawyer, she works on
a voluntary basis. Only after lengthy negotiations with
the prefecture and the police has it been possible for a
lawyer to even gain access to the detention centre in
Mitilini. She has been working there since August 2007.
Like her colleague in Samos, she gets very little financial
compensation.
The administrative process through which removal orders
and detention decisions are issued in Greece, violates
constitutional law. The right to information, the right to a
fair hearing, the right to a translator and an effective
right of appeal are not ensured.
20
Deportation orders, detention and detention conditions
Arbitrary lengths of detention
In practice, the period for which individuals are
detained varies greatly. It varies from place to place
and can alter over a given time period in a particular
town. No explanations are given for these differences.
Furthermore, different practices apply for the various
groups of refugees. At the time of our visit to the
detention centre in Samos, the policy was clear: three
months was the maximum period for detention of any
irregular migrant. However, refugees from Afghanistan
and Somalia are detained for two weeks. On Lesbos
Afghans are detained for one or two days, while persons
from Arabic speaking countries are held for 30 days. In
Chios the 30 day period appears to apply to everyone.
Absence of interpreters
Professional interpreters, who would be able to provide
information, and who are indispensable to ensure that
an asylum process is fair, are completely absent. Normally,
local authorities used co-detainees as interpreters.
Detainees in the Samos centre report mistreatment by
the shop owner who acts as an interpreter during police
hearings. The practice of informally engaging any
available person as an interpreter, gives rise to mistrust
and fear, which can have huge consequences. In Mitilini
refugees told us they had given false names, because
they didn’t trust the co-detainee who was interpreting on
their behalf. They did not want to recount their personal
story to this individual.
Contact with the outside world
Support organisations in Chios, Samos and in Mitilini
have, as yet, not obtained permission to visit the centres.
In Samos the support group is allowed to hold Greek
language classes outside the cells, for a maximum of
20 individuals, twice a week.
In Chios there are telephone cabins which are accessible
to all detainees. However only very few detainees have
the money necessary to buy a phone card. In Samos and
Mitilini the telephone cabins are in the yard outside. The
possibility of calling is thus dependent on being allowed
to go out into the yard. In Samos and Mitilini permission
to go into the yard is denied for days at a time.
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