Prosecutions of activists working with migrants continued in 2022 and 2023, against the founders of the Greek Helsinki Monitor (GHM)147 and of the Aegean Boat Report (ABR), who were both subject to investigations and charged by Greek judicial authorities on the island of Kos for ‘forming or joining for profit and by profession, a criminal organisation with the purpose of facilitating the entry and stay of third country nationals into Greek territory.”148 On 2nd June 2023, the Asylum Campaign requested in a press release requested to stop a) the prosecution of those persons and organizations operating in the context of their role as human rights defenders, against violations even by state authorities and institutions, b) the systematic propaganda and disinformation against persons and organizations that provide protection to asylum seekers, refugees and vulnerable persons in general, c) To promote the investigation of all complaints that have been brought to the attention of the competent authorities and concern incidents of illegal redeployments and c) to stop the phenomenon of violations of fundamental human rights that are systematically carried out at the borders of Greece, as well as Europe. 149 On 11 September 2023, the Athens Bar Association published its interpretation of the Greek Code of lawyers on legal aid provision to newly arrived third-country nationals (TCN) who seek asylum in Greece. The Association states that: 150 v “According to the Code, lawyers are public officials and collaborators of the judiciary who defend fundamental rights, comply with the rules of ethics and maintain confidentiality for the benefit of their clients”. v “The lawyers may provide legal assistance to irregularly arriving TCNs to initiate asylum applications. The possibility to apply for asylum cannot be exercised if TCNs do not have the necessary legal assistance during which they can communicate freely and appoint the lawyer as their representative”. v “Migrants often request lawyers not to disclose their location to the authorities as they fear being returned to their countries. In such cases, insofar as they have assumed the responsibility to provide legal assistance, lawyers are bound by their duty of confidentiality even if they have not yet met the TCN in person. In such cases, they cannot be considered as assisting in the unlawful entry of TCNs as lawyers retain the freedom to handle cases without being identified with their clients and their files and may not be subjected to instructions incompatible with the nature of their work”. The Athens Bar Association concludes that it is not allowed to search on physical or digital files of the lawyers or of the phone communications between lawyers and the illegally-entering third country nationals, if those are necessary to fulfil their order under the scope of practising their profession as lawyers. 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.151 147 148 149 150 151 “Some medias have publicized “what appears to be leaked information on the alleged investigation, in some cases alongside a picture of Dimitras. The money laundering case reportedly concerns “funding Dimitras received, mainly from the EU, to support human rights causes, that was used for other purposes than those claimed,” according to a Kathimerini [BP1] article. Dimitras said the only EU funds his organization receives, as published on the European Commission’s website, are for the fight against hate speech and called these claims unfounded “slander.” See, Human Rights Watch, Greece: Smear campaign against rights activists, 19 June 2023, available at: https://bit.ly/43OSihL. See, also, Asylum Campaign (Καμπάνια για το Άσυλο) Press Release, The attempt to silence human rights defenders continues. What remains to be decided are its accompanying measures, 22 December 2022, available at: https://bit.ly/45BXpT4. Human Rights Watch, Greece: Migrant Rights Defenders Face Charges, End Judicial Harassment of Migrant Rights Activists; Respect Asylum Obligations, 26 January 2023, available at: https://bit.ly/43ifSlx. Asylum Campaign (Καμπάνια για το Άσυλο), Press Release, 2 June 2023, available in Greek at: https://bit.ly/3U9yxhz. Greece: Athens Bar Association’s interpretation of the Greek Bar Code on guaranteeing the lawyer-asylum applicant relationship without criminalisation, 12 September 2023, available at: https://bit.ly/3Ja4TCL. MoMA, Press release, 23 November 2021, available in Greek at: https://bit.ly/3yzVCzV. 48