Such cases of best practice, where Asylum Service officers referred applicants for such reports, were not recorded by GCR in 2022. However, several cases have been reported to GCR where the Asylum Service or the Appeals Authority did not take into account the medical reports provided (see Special Procedural Guarantees). As reported by several civil society organisations,498 ‘certain categories such as victims of torture are systematically not identified as such, where certification does not take place. Certification of victims of torture is impossible in the country in practice, given that public health authorities do not have the processes and capacity in place to carry out certification. The authors have contacted public health institutions on the islands on various occasions to inquire whether they certify victims of torture in accordance with the Istanbul Protocol, victims of rape of other serious form of violence, as well as whether hospital staff are appropriately trained for such a certification and whether the victims are able to receive the necessary care for their rehabilitation.’ Reports published by MSF and METAdrasi in December 2021 confirm that no public hospital is able to carry out the procedure set out in Article 61(1) IPA (now Article 67 Asylum Code) in practice. Ten public hospitals across Greece confirmed to MSF in 2021 that they lack the capacity or expertise to provide certification or rehabilitation to victims of torture. Out of 89 public hospitals contacted by METAdrasi throughout the country in 2021, only seven replied in writing and none conducts the certification procedure set out in the law.499 During 2022, a subsequent asylum application lodged by a national of the Democratic Republic of Congo, a victim of torture in his country of origin and suffering from serious mental health disorders, was rejected as inadmissible by Western Greece’s RAO on the grounds that the medical certificates by the psychiatrist and psychologist from “ARSIS” as well as the “Certification of Torture Victims” issued by “Metadrasi” that were submitted for the first time before the Authorities could not be considered as “new substantial elements” due to the fact that during his first asylum application, which was rejected, the applicant had already claimed to have been a victim of torture in his country of origin.500 An appeal was submitted before the Appeals Authority and the decision is still pending. 4. Legal representation of unaccompanied children Indicators: Unaccompanied Children 1. Does the law provide for the appointment of a representative to all unaccompanied children? Yes No Under Greek law, any authority detecting the entry of an unaccompanied or separated child into the Greek territory shall take the appropriate measures to inform the closest Public Prosecutor’s office and the Special Secretariat for the Protection of Unaccompanied Minors.501 According to IPA, before the amendment by L.4756/2020,502 the General Directorate of Social Solidarity of the Ministry of Labour and Social Affairs was responsible for further initiating and monitoring the procedure of appointing a guardian to the child and ensuring that his or her best interests are met at all times 503. However, since the entry into force of L.4756/2020, the responsible authority for the procedure of guardianship of unaccompanied children was the Directorate for the Protection of the Child and the Family of the Ministry of Labour and Social Affairs in collaboration with the National Centre for Social Solidarity (EKKA) or other authorities. 504 498 499 500 501 502 503 504 RSA, p.16 METAdrasi, Θύματα βασανιστηρίων: Από την ανίχνευση στην προστασία: Ιστορικό, πρακτικές και συστάσεις για τη βελτίωση της προστασίας των θυμάτων βασανιστηρίων στην Ελλάδα, 21 December 2021, available at: https://bit.ly/3170BJQ; MSF, ‘Οι Γιατροί Χωρίς Σύνορα ολοκληρώνουν τη δράση τους στην κλινική για επιζώντες βασανιστηρίων στην Αθήνα’, 21 December 2021, https://bit.ly/3EBMrOC.. Decision on file with the author Article 64(1) of the Asylum Code as amended by article 4 L.4960/2022. L. 4756/2020, Gov. Gazette A’ 235/26-11-2020. See Article 32(1) & (2) IPA and Article 60(3) IPA (before the entry into force of L.4686/2020), article 60(4) IPA (after the entry into force of L. 4686/2020). Articles 13 and 14 L.4756/2020 amending respectively articles 32 and 60 IPA. 119