cases included a Chaldean Christian claiming persecution at the hands of Muslim militants and an Iraqi police officer expressing a fear of persecution because of his cooperation with U.S. forces.257 UNHCR’s review of case files showed the consistent use of boilerplate language in the denials. All contained the standard language: “It is obvious that s/he abandoned his country in order to find a job and improve his living conditions.” They all also misstate international refugee law by stating that the applicant “cannot justify that s/he suffered or will suffer any individual persecution by the authorities of his country.”258 International refugee law, including Article 6 of the EU’s Qualification Directive, which as of July 2008 has been transposed into Greek law, explicitly recognizes that nonstate actors can be the agents of persecution.259 Secretariat General for Public Order provided Human Rights Watch with two sets of interview questions for police officers to use in first-instance asylum interviews.260 The first set of 10 questions is for the accelerated procedure for applicants presumed to have come to Greece for economic reasons. Many of these are leading questions: “For which reason was it not possible for you to find work in your country? Did you try to move to another region of your country in order to work? Did you try to find work in any of the neighbouring countries? Have you been forced to abandon your country for reasons of quarrels/troubles with your relatives?” The questionnaire appears not to reflect the reality that refugees can have mixed motives for leaving their countries or that private actors, including family members, can be the agents of persecution. The 18-question guide for police interviewers in the regular procedure includes questions that test the applicant’s general knowledge of his alleged country of origin as well as questions that probe the facts of a persecution claim and the possibility of an internal flight alternative. Both questionnaires ask the applicant why he chose Greece as his destination country. 257 Ibid., p. 33, footnote 70. 258 Ibid., p. 32. 259 Presidential Decree96/2008, Article 6(c) and Council Directive 2004/83/EC of April 29, 2004 on minimal standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted. In R v. Secretary of State for the Home Department ex parte Bouheraoua and ex parte Kerkeb, Judgment of May 22, 2000, Case No. CO/878/1998, CO/2734/1998, the British High Court ruled that Algerian asylum seekers who claimed a fear of persecution by nonstate agents could not be returned to Greece under the Dublin system because Greece did not recognize nonstate actors as agents of persecution for the purposes of establishing refugee status. 260 The questionnaires are only in Greek. Human Rights Watch translated the documents. Both the original documents and the translations are on file with Human Rights Watch. 97 Human Rights Watch November 2008

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents