- 35 78.
According to the information gathered during the visit, several foreign nationals interviewed
by the delegation who were – or had recently been – in police custody stated that they had not been
granted the right to notify promptly a close relative or third party of their choice of their detention.
Further, several persons complained that they were not able to contact a lawyer and/or see a doctor
throughout the entire period of their police custody. In particular, access to a lawyer often remained
theoretical and illusory for those who did not have the financial means to pay for the services of a
lawyer. With the exception of Amygdaleza Pre-removal Centre, the provision of legal advice for
issues related to detention and deportation was generally inadequate in the pre-removal centres
visited.50 As a result, detainees’ ability to raise objections against their detention or deportation
decisions or to lodge an appeal against their deportation was conditional on them being able to
access a lawyer.
The CPT calls upon the Greek authorities to take the necessary steps to ensure that all
foreign nationals who are deprived of their liberty by the police under aliens’ legislation are
granted the rights of notification of custody, access to a lawyer and access to a doctor and are
placed in a position to effectively exercise these rights as from the very outset of their
deprivation of liberty. As regards the right of access to a lawyer, this should include the right
to have access to legal advice as well as, when foreign nationals are not in a position to pay for
a lawyer themselves, the right to benefit from access to free legal aid.
79.
In the CPT’s view, irregular migrants should be informed, without delay and in a language
they understand, of their rights and the procedure applicable to them. This is all the more important
given the lack of interpreters available. Copies of the information leaflet detailing the rights of
detained persons in several languages were usually attached to the wall in the corridor outside the
detention area in the police and border guard stations visited, as well as, with the exception of
Moria Pre-removal Centre, inside the detention compounds in the pre-removal centres visited.
However, most detained persons had not been provided with a copy of the leaflet.
Moreover, the delegation met again a large number of foreign nationals in the pre-removal
centres visited who complained that the information provided was insufficient – particularly
concerning their (legal) situation and length of detention – or that they were unable to understand
this information. This was partly due to the complex legal framework which allowed for their
detention on numerous grounds. Moreover, it appears that the practice of the Greek authorities of
depriving of their liberty specific categories of new arrivals on the Aegean islands and in the Evros
region on the basis of pre-established criteria – such as a combination of nationality and apparent
absence of vulnerability – without an individual assessment of the necessity and proportionality of
the measure, adds to the unclear situation.
The CPT calls upon the Greek authorities to ensure that detained foreign nationals are
systematically and fully informed of their rights, their legal situation (including the grounds
for their detention) and the procedure applicable to them as from the very outset of their
deprivation of liberty (that is, from the moment when they are obliged to remain with the
police), if necessary, with the assistance of a qualified interpreter. Further, all detained
persons should be systematically provided with a copy of the leaflet setting out this
information in a language they can understand.
50
Only occasionally were such services provided by UNHCR or civil society organisations.
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