22
GREECE
IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS
mechanism for objecting to a decision to detain before an administrative tribunal has only
been considered as an indirect remedy against detention conditions, since the administrative
tribunal cannot review detention conditions as a ground for release.76
Another cause for concern is the failure of police authorities to explain the grounds for and
length of detention to those detained in a language they understand. Several detained
irregular migrants and asylum-seekers told Amnesty International about the lack of this
information and/or that the authorities gave them documents to sign in Greek which they did
not understand.
In addition, the lodging of objections against administrative detention is not funded by a
legal aid scheme, and thus inaccessible to those without financial means.77 Amnesty
International has also spoken to lawyers who were employed at the various immigration
detention centres who told the organization that the legal assistance they were able to
provide was limited to asylum applications.
Amnesty International believes that each decision to detain should be automatically and
regularly reviewed as to its lawfulness, necessity and proportionality by a court or similar
competent independent and impartial body, accompanied by the adequate provision of legal
aid. The organization further believes that detainees should have the right to be informed of
the reason for their detention in writing, in a language they understand, and that states
should ensure that free legal assistance is available to enable individuals to challenge
detention.
Amnesty International believes that the government must amend its legislation in order that it
comply with the judgments of the European Court of Human Rights to ensure that the
lawfulness of the decision to detain can be challenged in the courts. Amnesty International
believes that the government must also introduce into Greek legislation an effective remedy
challenging conditions of detention.
3.5. ACCESS TO LEGAL AND OTHER ASSISTANCE78
Amnesty International is concerned that there has been a lack of, or limited access to, legal
assistance for irregular migrants and asylum-seekers in the detention areas visited. There was
also severely limited or no interpretation services. In several of the detention areas visited,
the organization found a lack of, or outdated, information materials about asylum
determination and deportation procedures. Detained asylum-seekers and irregular migrants
faced a series of impediments to access to and contact with lawyers and with their relatives.
In addition, in some areas of Greece, local committees or groups providing assistance to
irregular migrants and asylum-seekers were denied access to immigration detention centres.
3.5.1. ACCESS TO COUNSEL AND RIGHT TO LEGAL ASSISTANCE AND INTERPRETATION
International human rights standards, such as the UN Body of Principles for the Protection of
All Persons under any Form of Detention or Imprisonment (1988), guarantee the right of
access to legal counsel and the right to legal assistance and interpretation for asylum-seekers
and irregular migrants who have been detained.79 The UNHCR Revised Guidelines on
Applicable Criteria and Standards relating to the Detention of Asylum-Seekers (1999) provide
that detained asylum-seekers should be informed of the right to legal counsel and should
receive free legal assistance if they lack sufficient resources.80
Amnesty International July 2010
Index: EUR 25/002/2010
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents