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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