9. Asylum and the asylum procedure in detention
Detainees from countries such as Afghanistan, who cannot
– until now – be deported from Evros area, never apply for
asylum in detention. In cases where they do, they stay in
detention for six months.
M.M. from Iran was allegedly persecuted and tortured in
his home country.182 In Turkey he was a UNHCR mandate
refugee, but he fled from there because of the lack of
safety, leaving behind his family. He was detained in Fylakio
detention centre. »I came here to save my life and to save
the life of my family. I am a recognized refugee. Why do they
keep me in detention here? It is horrible. I am going crazy
here. All the time I have to think about my family. They are
back in Turkey and are in danger. I cannot stay here for six
months. I have to protect my family. Please help me go back.
I don’t care if my life is in danger or whether I die. I just have
to get out of here and back to my family.« When his desperation had reached its limits he threatened to commit suicide.
He remained in detention for several months. We received
no further information about his case and his whereabouts.
A.K. from Iraq and his wife belong to an ethnic and religious
minority that is discriminated against and persecuted.183
»I didn’t know that I was in danger of deportation
only because I brought my passport.«
S.R.M., from Afghanistan
■ S.R.M. was arrested on the November 1, 2010 in Nea
Vissa – the wider area of Orestiada. He was transferred
to Fylakio detention centre. Despite the fact that other
Afghan nationals were being released within a few days
he remained in detention. »I was the only Afghan that
was staying. I saw many Afghans coming and going.
I didn’t know that I was in danger of deportation only
because I brought my passport.«
Inmates, who had been released, informed GCR about
his case. The lawyers were informed by the authorities
that S.R.M., had remained in detention in order to be
readmitted. His readmission, according to the authorities,
was feasible because he had a travel document. Meanwhile, S.R.M. had not been informed of the reason for his
prolonged detention, which was his deportation. He was
also not informed about his right to lodge an asylum
claim.
182 M.M. from Iran; March 1, 2011 – Fylakio
183 A.K. from Iraq; October 12, 2011 – Tychero
57
They face a threat to their lives if they return to their country. Although they are in detention pending deportation
they have decided not to apply for asylum because of
the inhumane detention conditions and specifically the
violence they experienced. »I am in greater danger if I
return, but how can I apply for asylum in a country where
they beat women?«
S.K. from Iran184 did not know about his rights to seek
asylum and he did not know that he was in danger of being
readmitted to Turkey. Upon arrest he was brought to
Fylakio detention centre.
»One day the director came into the corridor of the cells
with a list of names. He was calling our names and asking:
›Asylum or Deport?‹ I said deport. Only later and after my
inmates explained to me the consequences and the meaning
of this question I understood that I am in danger of deportation. One day a GCR-lawyer came and I put my name on her
list for asylum.« The GCR-lawyer sent a fax informing the
authorities that he wants to apply for asylum from the
beginning of October. During our mission in October 2011
his claim was not registered by the police.
S.R.M. had left his family behind and fled to Europe
because of his political activities. As he told us, he was
working for a local NGO in Afghanistan and co-operated
with international development agencies. These activities
became the reason for death threats and put his life in
danger, thus forcing him to leave his country.
We met S.R.M. in February 2011. He had not met a lawyer
and had no information. He did not know anything about
his right to claim asylum or about the fact that he was in
danger of being deported. We informed the authorities
that he wanted to claim asylum. His asylum request was
registered after one month. He remained in detention for
the full period of six months. On July 9, July he had to
return from Athens to Orestiada for his asylum interview.
No interpreter was provided for him during the interview.
The interview was conducted in the English language.
The UNHCR consultant was not present. The police never
registered the documents proving his asylum claim. His
asylum claim was rejected without any legal reasoning.
184 S.K. from Iran; October 10, 2011 – Fylakio
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