Between 1 July 2023 and 31 August 2023, over 4,000 people arrived on Samos. During this period, IHR research found that people were unlawfully held up to one month in the CCAC without issuance of written documentation providing for their detention. 49 252 clients of IHR entered the CCAC between 26 June 2023 and 27 April 2024. In 109 cases, people who entered between 23 August and 29 December had to wait 25 days or over before the issuance of the exit ban. In over 70 of these, the waiting time was over 40 days and around two months in over 25 cases. 50 In September 2023, new arrivals were held in a further sub-section of the ‘temporary accommodation zone’ without access to medical care. 51 Mobile phones were taken from every newly arrived person and withheld for up to two weeks, depriving individuals of the opportunity to speak with legal actors on the phone or over text. Therefore, applicants were detained for periods without a written order, in a subsection of the CCAC without access to basic services and without access to their phones to contact lawyers. _________(2) Mainland: Access to legal assistance in reception facilities Between June and December 2021, ELA carried out a survey on access to legal aid for asylum seekers in reception facilities in Northern Greece. 52 While 95% of respondents considered that access to legal aid is essential, necessary or useful during their asylum procedure, 42% of respondents reported not having access to legal assistance during their asylum procedure. When respondents had access to legal assistance, 49% of them reported that they only once met with a lawyer or advocate. Of those that did not receive legal assistance during their asylum procedure, 66% explained that they could not find a lawyer. 53 c) Access to legal aid to challenge negative decisions _________(1) State-funded legal aid after a first instance rejection decision Despite efforts to increase the number of lawyers on the national registry, the number remains insufficient to meet the needs. Furthermore, the submitting organisations have observed patterns of malpractice that significantly hinder the exercise of the right to legal aid. Foremost, applicants report that they are often not in contact with the lawyer appointed to their case. Further, applicants are often not clearly informed that an application for legal aid through the Greek registry has been made on their behalf. In several instances, lawyers from ELA found that a registry lawyer was appointed in their place by the asylum office. Upon collection of rejection decisions, applicants were asked to complete forms that were neither translated nor explained to them. At this point, and without sufficient information, applicants had requested that a statefunded registry lawyer be appointed in lieu of their lawyer of choice, despite contrary and explicit _________________________________ 49. Avocats Sans Frontieres France et al. Joint Statement. 2023. Unlawful detention and worsening conditions: Over 4,000 asylum seekers unlawfully detained on Samos and Lesvos. Available at: https://reliefweb.int/report/greece/unlawful-detention-and-worseningconditions-over-4000-asylum-seekers-unlawfully-detained-samos-and-lesvos. 50. See also: Refugee Support Aegean et al. Joint Statement. 2024. Not again in 2024: Call for upholding human rights in the Samos Closed Controlled Access Centre. Available at: https://rsaegean.org/en/joint-statement-samos-ccac/. 51. Avocats Sans Frontieres France et al. Joint Statement. 2023. Unlawful detention and worsening conditions: Over 4,000 asylum seekers unlawfully detained on Samos and Lesvos. Available at: https://reliefweb.int/report/greece/unlawful-detention-and-worseningconditions-over-4000-asylum-seekers-unlawfully-detained-samos-and-lesvos. 52. The anonymous 10-question survey was translated into 10 languages. Equal Legal Aid. 2022. Access to legal aid for people on the move. Available at: https://www.equallegalaid.org/wp-content/uploads/2022/01/Rapport_EN_access-legal-aid-on-the-move.pdf. 53. his is also confirmed by the Danish Refugee Council who between July and November 2022 conducted a needs assessment survey. The 19 legal aid organisations that participated highlighted legal aid gaps in several areas. This included judicial representation in asylum cases and GBV cases, as well as legal support in the safeguarding of social rights and family reunification.Danish Refugee Council. 2023. Legal Aid Actors Survey. 06

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