Lastly, clients have also frequently reported to us that they have been told inaccurate information by the
police in detention. On numerous occasions, when we have sent our legal authorization forms to the PRDC
to be signed by clients prior to taking on their cases, they have told us that police asked them whether they
had any family in Europe, as this could be useful for their cases, and told them to pass their families’ details
to their lawyers, even though they were all rejected asylum seekers. In late June and early July, at least three
of our clients were told this. They later asked us how they could legally reunite with various family members
in Europe and provided us with their family members’ contact details. We also received a call from one
client’s mother in Belgium. We had to explain to our clients and their families that family reunification
under the Dublin Regulation is only available for certain forms of familial relationships, including married
couples, dependent children and parents, and relationships between adults with high support needs and their
caretakers, and that unfortunately, none of them were eligible for this procedure. Inaccurate information,
however well-intentioned it might be, can therefore again raise clients’ hopes, and complicates our ability to
gain and maintain their trust.
ii. Access to Legal Services
aa. Generally
The number of lawyers working on Kos who specialise in asylum and refugee law is extremely limited. At
the time of this report’s publication, there were three legal NGOs operating on the island – Greek Council
for Refugees (GCR), METAdrasi, and Equal Rights. There are also several private lawyers on the island who
undertake asylum cases for a fee. The number of lawyers on the island is not sufficient to meet the legal needs
for all of the persons detained in the Kos PRDC. Equal Rights frequently has to turn cases away because of a
lack of capacity, and the same is true of the other NGOs. In particular, it can be hard for people detained at
the PRDC to find lawyers willing to undertake their detention case as opposed to their asylum cases. All three
NGOs will submit legal remedies against detention, however all three also generally prioritise asylum cases
when making decisions about capacity. In its response to Equal Rights, UNHCR also raised concerns that
“effective access of detainees to administrative and judicial remedies against their detention and deportation decisions is
seriously challenged by the lack of adequate provision of information to the detainees in a language they understand and
the lack of interpretation services in detention facilities. Furthermore, no legal-aid scheme has yet been established by the
Greek authorities for the provision of free legal assistance and representation to detainees as foreseen by article 9(6) of the
recast Reception Conditions Directive”.
Even if a person is able to find a lawyer to take over her case, Equal Rights has observed multiple issues arise
with regards to detained persons’ access to legal services during our time on Kos. Making detained persons
aware of our services has proven challenging. As a new organisation on Kos, we are still building our local
profile, only slowly becoming known to asylum seekers on the island. As we have only restricted access to
the detention centre, we have been unable to conduct any outreach services in detention. New clients are
therefore referred to us by other legal organisations and the UNHCR. Detained persons may also obtain our
details from their own contacts, or from each other in detention. Ismail learned of our organisation from his
sister in Germany, while Zain told us that local lawyers’ contact details are circulated in detention: “It’s around
one or two lawyers that most of the people in detention talk about, it’s not a lot of choices. Everyone knows their numbers”.
Joud mentioned he obtained our details from “a guy who was in the open hotspot, and he was detained, and he had
your number so I took it from him”. However, it is clear to us that not everyone in detention is aware of the legal
services available on the island: many have contacted us at later stages of their procedure, explaining that
they had only recently received our details. Faiza told us that when she first arrived in detention, she was not
made aware of legal services on the island. She told us that she, like others she knew in detention, was first
26
DETENTION OF MIGRANTS ON THE ISLAND OF KOS
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents