Within this framework, L 4540/2018, transposing the recast Reception Conditions Directive, has omitted
persons suffering from PTSD from the list of vulnerable applicants. 488 Subsequently, both IPA and the
Asylum Code have not included persons suffering from post-traumatic stress disorder (PTSD) in the list
of vulnerable individuals.
2.3 Prioritisation
Both definitions of “vulnerable group” and “applicant in need of special procedural guarantees” were used
by IPA before the amendment by L4686 in relation to other procedural guarantees such as the
examination of applications by way of priority. 489 Although Article 39(5)(d) IPA provided that applications
of persons belonging to vulnerable groups were examined “under absolute priority” 490, this provision was
abolished by L. 4686/2020.491
3. Use of medical reports
Indicators: Use of medical reports
1. Does the law provide for the possibility of a medical report in support of the applicant’s statements
regarding past persecution or serious harm?
Yes
In some cases
No
2. Are medical reports taken into account when assessing the credibility of the applicant’s
statements?
Yes
No
Upon condition that the applicant consents to it, the law provides for the possibility for the competent
authorities to refer him or her for a medical and/or psychosocial diagnosis where there are signs or claims,
which might indicate past persecution or serious harm. These examinations shall be free of charge and
shall be conducted by specialised scientific personnel of the respective specialisation and their results
shall be submitted to the competent authorities as soon as possible. Otherwise, the applicants concerned
must be informed that they may be subjected to such examinations at their own initiative and expense.
Any results and reports of such examinations had to be taken into consideration by the Asylum Service. 492
The Asylum Code provides that any results and reports of such examinations are taken into consideration,
in order for the deciding authorities to establish if the applicant’s allegations of persecution or serious
harm are likely to be well-founded”.493
Specifically, for persons who have been subjected to torture, rape, or other serious acts of violence, a
contested provision was introduced in 2018, 494 according to which, such persons should be certified by a
medical certificate issued by a public hospital or by an adequately trained doctor of a public sector health
care service provider.495 The provision has been maintained by the IPA496 and the Asylum Code.497
The main critiques against this provision are that doctors in public hospitals and health care providers are
not adequately trained to identify possible victims of torture and that the law foresees solely a medical
procedure. According to the Istanbul Protocol, a multidisciplinary approach is required – a team of a
doctor, a psychologist, and a lawyer – for the identification of victims of torture. Moreover, stakeholders
have expressed fears that certificates from other entities than public hospitals and public health care
providers would not be admissible in the asylum procedure and judicial review before courts.
488
489
490
491
492
493
494
495
496
497
Article 20(1) L. 4540/2018.
See also Articles 39(6)(c) and 83(7) IPA.
Article 39(5)(d) L.4636/2019.
Article 2(3) L. 4686/2020.
Article 53 L 4375/2016.
Article 77 Asylum Code
Article 23 L 4540/2018.
Immigration.gr, ‘Η πιστοποίηση θυμάτων βασανιστηρίων αποκλειστικό «προνόμιο» του κράτους;’, May 2018,
available in Greek at: https://bit.ly/2TVAMXv
Article 61(1) IPA.
Article 67 Asylum Code
118
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