further vulnerability assessment, they do so after the interview has been completed. No postponements have been granted for interviews despite the applicants’ and their legal representatives’ requests that vulnerability assessments be completed prior to the interview. Accordingly, no reasonable time for their preparation can be granted on the basis of their vulnerabilities, since they have not been had the opportunity to be identified. Article 74(3) Asylum Code expressly foresees that communication with asylum applicants (including interviews) may be conducted in the official language of their country of origin, or in another language that it is reasonably considered that the asylum applicant understands, if it has been proven manifestly impossible for the authorities to provide interpretation in that language. In practice, a refusal of the applicants to undergo procedures in the official language of their countries of origin, rather than their native languages, may be considered a violation of their obligation to cooperate with the authorities and lead to the rejection of their application. According to Article 95(3)(b) Asylum Code, the personal interview may be conducted by Asylum Service staff or EUAA personnel or, “in particularly urgent circumstances”, by trained personnel of the Hellenic Police or the Armed Forces.538 With regard to the possibility of personnel of Hellenic Police or Armed Forces conducting personal interviews, Amnesty International has underlined that the application of such provision “would be a serious backward step that will compromise the impartiality of the asylum procedure”.539 So far, the Hellenic Police or Armed Forces have not carried out personal asylum interviews, however, they did undertake the full registration of asylum applications in certain circumstances. EUAA (former EASO)’s competence to conduct interviews was introduced by an amendment to the law in June 2016, following an initial implementation period of the EU-Türkiye Statement during which the exact role of EASO officials as well as the legal remit of their involvement in the asylum procedure was uncertain. The EASO Special Operating Plans to Greece foresaw a role for EASO in conducting interviews (face-to-face and remote) in different asylum procedures, drafting opinions and recommending decisions to the Asylum Service throughout 2017, 2018, 2019, 2020 and 2021.540 A similar role is foreseen in the Operational & Technical Assistance Plan to Greece 2022-2024, including in the Regular procedure.541 In practice, in cases where the interview is conducted by an EUAA Greek speaker caseworker, the latter provide an opinion / recommendation (πρόταση / εισήγηση) on the case to the Asylum Service, which remains the competent authority for the issuance of the decision. The transcript of the interview and the opinion / recommendation are written in Greek. The issuance of an opinion / recommendation by EASO/EUAA personnel to the Asylum Service is not foreseen by any provision in national law and thus lacks a legal basis.542 Finally, a caseworker of the Asylum Service, without having had any direct contact with the applicant, e.g., to ask further questions, issues the decision based on the interview transcript and the opinion / recommendation provided by EASO/EUAA, without being bound by it.543 In 2023, the number of interviews carried out by EUAA caseworkers in Greece continued to decrease, compared to previous years, to interviews in the asylum cases of 7,272 applicants. Of these, 77% related to the top 10 citizenships of applicants interviewed by the EUAA, in particular Somalis (1,620), Afghans (687), Pakistanis (592) and Eritreans (538).544 538 539 540 541 542 543 544 Article 95(3)(b) Asylum Code. Amnesty International, Submission on the proposed changes to the Greek Law on international protection, 24 October 2019, available at: https://bit.ly/3oxyL5k. See, e.g., EASO, 2020 Operational & Technical Assistance Plan to Greece, 20 December 2019, available at: https://bit.ly/3Qhm0X3 p. 14. EASO, Operating Plan to Greece 2022-2024, 9 December 2021, available at: https://bit.ly/3uMYh9q, pp. 2021. Articles 60(4)(b) L 4375/2016 and 90(3)(b) only refer to the conduct of interviews by EASO staff. AIRE Centre, et al., Third party intervention in J.B. v. Greece, 4 October 2017, available at: http://bit.ly/2qSRxoU, pp. 10-11. Information provided by the EUAA, 26 February 2024. 117

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