detention centres is not standard. In that case, in few detention centres, they have restricted
access to a phone booth and there have also been allegations that police deny this access (one
should take into account the fact that detainees do not have sufficient or no money at all). The
practice of the competent authorities, concerning the different possibilities of the detainees,
varies. The lack of relevant interpretation inside the detention centres creates even more
obstacles to the communication of the detainees with the authorities. Overall, the lack of
information by the authorities is evident in this case. Article 30.2 of Law 3907/2011 provides
for challenge of the detention order, but not for a right to free legal aid (as opposed to the
provision on remedies against deportation) and yet the Greek government has not taken any
steps to ensure that those detainees without resources to pay for legal aid can challenge their
detention orders.
Another major issue regarding this topic concerns vulnerable persons and
unaccompanied minors who are subjected to the same detention practice and conditions. There
is no standard identification mechanism for vulnerable groups and specifically minors. When
inside the detention and as soon as the minors are identified – with the authorities' unsafe and
not standard criteria- the lack of facilities for Unaccompanied Minors (UAM) where they can
be hosted, as well as the lack of an effective guardianship system in Greece are two major gaps
in the protection of this vulnerable group of migrants. Specifically, UAM who are apprehended
without legal documents at border areas and/or within the country and are registered as minors
are held in detention facilities under degrading conditions until a place at a reception centre for
UAM is found. Due to the lack of sufficient specialized reception centres for minors, children
may be detained for a period of up to three months in detention facilities, while the minors have
no access to information, guidance and legal representation and, therefore, in most cases, no
access to the asylum procedure. In the Detention Centre of minors in Amygdaleza they are held
in detention even for a period of up to 2 or 3 months and after that period they are released
without any referral, by the police authorities, to reception centres for UAM (GCR reports –
field missions).
2. Access to a fair and effective asylum procedure
The Law 3907/2011 was adopted, in order to address international protection issues in
compliance with international and EU standards. Almost two years after its adoption no
progress has been made in practice: neither the new Asylum Service, consisting of civil
personnel nor the new First Reception Service (the competent authority for screening centres),
are not yet functional. (the operation of the New Asylum Service has been postponed, until
March 2013 and it is rumored that it will be further postponed until summer 2013).
Meanwhile, the so called “provisional” P.D. 114/2010 which was adopted in order to restore the
administrative appeals‟ procedure, providing certain procedural safeguards, (participation of
UNHCR in the process, participation of two non-public servants in the three-member Appeals‟
Boards), presents serious problems. The major gap is the fact that the competence to receive
and examine applications at first instance remains within the police until today. Apart from the