34
However, during that period there were fewer
interview acceleration, interview preparation,
than 50 people detained in the PRDC, and
transfer and lift of geographical restrictions for
Equal Rights observed that the attention and
medical reasons, complaints regarding the
capacity of many lawyers was diverted to assist
living
new arrivals with their cases, many of which
interventions for violations of rights during
were urgent.
reception procedures and access to health, and
59
Additionally, the other legal
conditions
the
CCAC,
legal
actors operate within the CCAC, and the
assistance
increase of asylum seekers in the CCAC meant
obtaining legal custody of their children. As the
resources were diverted away from the PRDC.
extremely limited number of lawyers and NGOs
As a result, individuals in the Kos PRDC, many
attempted to cover gaps in legal services
of whom were already rejected from the asylum
available to new arrivals, individuals in the
procedure, had an even more difficult time
PRDC were thus left with even more limited
accessing legal assistance. As such, the limited
access to legal services.
number of lawyers and large number of asylum
for
in
single-parent families
in
times for detained persons trying to access
C. Lack of Proper Detention Orders
and Reasons for Detention
lawyers. Jamal shared that for him, “It was
Consistent with the first and second editions of
difficult to get legal assistance. I was contacting
this report, Equal Rights found during this
lawyers for a month.”
reporting period that the authorities continued
The limited number of legal aid providers also
to issue template decisions, that lacked any
made it increasingly challenging to respond to
individualized reasoning and were often rife
the evolving and diverse needs of asylum
with procedural errors.
seekers on Kos, which further diverted
For this edition of the report, Equal Rights
attention and capacity away from individuals
analysed the detention orders for 20 clients
detained in the Kos PRDC. Novel legal cases
who were detained either as asylum seekers or
often require extra time and diligence as
with a view to their return.60 Equal Rights first
lawyers familiarize themselves with new legal
looked at 10 detention orders for clients
procedures, further overburdening them.
detained as asylum seekers pursuant to Art. 50
Throughout the reporting period, Equal Rights
L. 4939/2022.61 None of the orders contained an
observed that the rise in asylum seekers led to
individualized assessment. Further, two cited
an increased number of requests for legal
the wrong law, in one case citing the outdated
assistance with the following procedures:
L. 4636/2019;62 four of them wrongly invoked
correcting mistakes the authorities recorded in
the public order grounds for detention, and
their
assistance
another two were based on a contradictory
obtaining their travel documents, family
opinion from the head of the RAO — stating on
reunification
the one hand that the applicants’ identity had
seekers arriving to Kos caused long waiting
personal
information,
from
countries
of
origin,
Hellenic Ministry of Migration and Asylum, Statistics, available at: https://migration.gov.gr/en/statistika/.
In some cases, clients were detained under both legal frameworks. In those cases, however, we analysed their
detention orders separately.
61
Art. 50. L. 4939/2022.
62
Art. 46 L. 4636/2019.
59
60
‘Still detained and forgotten’ – Update on Detention Policies, Practices, and Conditions on Kos 2023/24