journalists covering refugee issues often face abusive lawsuits (SLAPPs) in the course of their profession,
and they are frequently subjected to verbal attacks or hate speech from official state entities or private
individuals, with the tolerance of state authorities. Finally, the case of a journalist who was placed under
surveillance was mentioned by the National Intelligence Service, due to what is stated, as a result of his
journalistic involvement with refugee issues”. The GNCHR, in its statement which was also communicated
for information to the Prosecutor's Office of the Supreme Court, urgently calls on the State:
❖ to show zero tolerance for phenomena of harassment, attacks, hate speech, and any other
targeting of human rights defenders by official state authorities, adopting a coherent policy to
prevent them
❖ Ensure a favourable environment (enabling environment) through the legal framework for the
functioning of civil society organisations and other human rights defenders, taking due account of
the repeated recommendations of international and European bodies.
❖ Refrain from prosecuting organisations or other categories of human rights defenders for
providing humanitarian aid to third-country nationals or for exercising their profession (e.g.,
lawyers, journalists). For those already facing criminal proceedings, ensure their rights and a swift
trial in accordance with the guarantees of Article 6 of the ECHR. Specifically, for lawyers,
harmonise their treatment by the relevant state authorities in accordance with the
recommendations of the Athens Bar Association. It is noted that the abuse of criminal proceedings
constitutes an impermissible measure for "limiting" the activities of civil society organisations.
State sanctions of a criminal or civil nature, which have a punitive character and aim to discourage
individuals from participating in associations (freedom of association), constitute reprisals and are
prohibited.
❖ Ensure the unhindered exercise of journalistic duties and take protective and compensatory
measures for victims of "strategic lawsuits against public participation" (SLAPPs), in the context
of the relevant European Commission Recommendation. Public officials must refrain from
initiating such lawsuits.
.
Legal access to the territory (beyond family reunification)
Legal gateways to enter Greece are not provided to persons in need of international protection, nor does
Greece issue visas on humanitarian grounds. The only exception was in 2021, when Greece accepted
819 Afghan nationals due to ‘the country’s commitment to provide humanitarian assistance to Afghan
nationals in danger’ following the Taliban’s arrival to power. 188
2. Reception and identification procedure
2.1. The European Union policy framework: ‘hotspots’
The “hotspot approach” was first introduced in 2015 by the European Commission in the European
Agenda on Migration, as an initial response to the exceptional flows of refugee arrivals to the EU. 189 Its
adoption was part of the immediate action to assist Member States which were facing disproportionate
migratory pressures at the EU’s external borders and was presented as a solidarity measure.
The initial objective of the “hotspot approach” was to assist Italy and Greece by providing comprehensive
and targeted operational support, so that the latter could fulfil their obligations under EU law and swiftly
identify, register and fingerprint incoming migrants, channel asylum seekers into asylum procedures,
implement the relocation scheme and conduct return operations. 190
In order to achieve this goal, EU Agencies, namely the EUAA (previously EASO), Frontex, Europol and
Eurojust, worked alongside the Greek authorities within the hotspots. 191 The hotspot approach was also
expected to contribute to the implementation of the temporary relocation scheme, proposed by the
European Commission in September 2015.192 Therefore, hotspots were envisaged initially as reception
and registration centres, where Greek authorities, with the support of EU Agencies would “swiftly identify,
register and fingerprint incoming migrants”, following which “[t]hose claiming asylum [would] be
immediately channelled into an asylum procedure”.193 Interestingly, at the time, nowhere was it specified
188
189
190
191
192
193
MoMA, Press release, 23 November 2021, available in Greek at: https://bit.ly/3yzVCzV.
European Commission, European Agenda on Migration, COM(2015) 240, 13 May 2015, available at:
https://bit.ly/3TrnbG3.
Ibid.
Ibid.
European Commission, Council Decisions (EU) 2015/1523 of 14 September 2015, OJ 2015, L239/146 and
2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for
the benefit of Italy and Greece, OJ 2015, L248/80, available at: https://bit.ly/43T44rt.
European Commission, European Agenda on Migration, COM(2015) 240, op.cit. p. 6.
54
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