D. Guarantees for vulnerable groups 1. Identification Indicators: Special Procedural Guarantees 1. Is there a specific identification mechanism in place to systematically identify vulnerable asylum seekers? Yes For certain categories No v If for certain categories, specify which: 2. Does the law provide for an identification mechanism for unaccompanied children? Yes No The “Asylum Code”, i.e., Law 4939/2022 ‘ratifying the Code on reception, international protection of thirdcountry nationals and stateless persons, and temporary protection in cases of mass influx of displaced persons’,590 in force since 10 June 2022, repealed the IPA (International Protection Act, i.e., Law 4636/2019).591 The Asylum Code does not include any amendments to the definition of vulnerable groups and persons in need of special procedural guarantees. According to Article 1(λγ) Asylum Code, the following non-exhaustive groups are considered as vulnerable: ‘children; unaccompanied children; direct relatives of victims of shipwrecks (parents, siblings, children, spouses); disabled persons; elderly; pregnant women; single parents with minor children; victims of human trafficking; persons with serious illness; persons with cognitive or mental disability and victims of torture, rape or other serious forms of psychological, physical or sexual violence such as victims of female genital mutilation.’ According to Article 62(2) Asylum Code, ‘[t]he assessment of vulnerability shall take place during the identification process, the registration process and the medical screening of the Art. 41 without prejudice to the assessment of international protection needs’. According to Article 62(4) of the Asylum Code ‘[o]nly the persons belonging to vulnerable groups are considered to have special reception needs and thus benefit from the special reception conditions’. Article 62(3) of the Asylum Code provides that ‘[…] the special condition of applicants, even if it becomes apparent at a later stage of the examination of the application for international protection, is taken into account throughout this procedure […]’. According to Article 77(3) Asylum Code: ‘[…] Upon the completion of the medical and psychosocial assessment, the [Medical Screening and Psychosocial Support] Unit of the RIC […] shall inform the Head of the competent RAO. The above-mentioned assessment is also notified to the Manager of the RIC. That assessment shall have as only consequence the immediate provision of special reception conditions and special procedural guarantees to the applicant.’ According to Article 72(1) Asylum Code relating to special procedural guarantees: ‘The Receiving Authorities shall assess within a reasonable period of time after an application for international protection is submitted, or at any point of the procedure the relevant needs arise, whether the applicant requires special procedural guarantees, due to –among others- their age, gender, sexual orientation, gender identity, psychological disorder or because they are a victim of torture, rape or other serious forms of psychological, physical or sexual violence.’ A new General Secretariat for Vulnerable Persons and Institutional Protection (GSVP) falling under the responsibilities of the Deputy Minister of Migration and Asylum was established with article 6(1) of P.D. 77/2023 (A' 130/ 27-06-2023) to which the services of the Special Secretariat for the Protection of Unaccompanied Minors of article 39 of the P.D. 106/2020 were transferred.592 590 591 592 Asylum Code, Gov. Gazette A’ 111/10.06.2022. L 4636/2019, Gov. Gazette A’ 169/01.11.2019. For more information, see MoMA’s General Secretariat for Vulnerable Persons and Institutional Protection, home webpage, available at: https://tinyurl.com/2u63bw7y. 128