process will be completed on that day. RSA cannot draw clear conclusions on the
exact duration of the registration procedure and corollary de facto detention in the
RIC of Malakasa for those arriving following an appointment via the online platform or
the RIC itself. For instance, the procedure in question was concluded on the same day
in the case of Shabnam* and within two days for Raheel*, while Zarifa* remained under
“restriction of liberty” for eight days until the completion of her registration.
Appointments may also be postponed on the spot due to capacity shortages.
Case study: Ayse* is a refugee from Türkiye. Following a request for an
appointment to lodge her asylum application via the Ministry of Migration and
Asylum online platform in October 2022, she received an appointment at the
RIC of Malakasa for early January 2023. Upon arrival in the RIC, however, she
was informed that the authorities would not be able to carry out her registration
due to capacity shortages, and received a new appointment for the end of
January. Yet, when she arrived on the date of her new appointment, she was
again told that registration would not take place due to a shortage in
interpretation services. By early February, the RIC of Malakasa had not
rescheduled Ayse’s appointment for registration.
Nevertheless, the case of survivors of shipwrecks in areas beyond the Eastern Aegean
in the fall of 2022 is an illustrative example of protracted de facto detention. Survivors
of different incidents were transferred to the RIC of Malakasa until the completion of
reception and identification procedures and of the lodging of their asylum
applications.
Case study: Rohullah*, a refugee from Afghanistan and survivor of a shipwreck
off the coast of Kythira on 5 October 2022,32 was brought to the RIC of Malakasa
one week later. However, he was only notified a decision on “restriction of
liberty” upon completion of his registration fifteen days after arriving in the
facility, despite a request for speedier registration filed by his lawyers. Rohullah’s
“restriction of liberty” within the RIC exceeded the maximum 25-day time limit,
since he remained in Malakasa for 30 days before being released and
transferred to a reception facility.
Case study: Frishta* is a refugee from Afghanistan and survivor of the same
shipwreck, during which she lost a family member. She was transferred to the
RIC of Malakasa one week later and remained there for two weeks. Frishta
received a decision of “restriction of liberty” within the facility only upon
registration twelve days after her arrival, despite a request for speedier
registration filed by her lawyers.
In light of the above, the Ombudsman has requested clarifications from the RIS on
“whether entry of persons arriving in the RIC of Malakasa is registered on the same day
32
Hellenic Coast Guard, ‘Συνέχεια ενημέρωσης αναφορικά με ευρεία επιχείρηση έρευνας και
διάσωσης αλλοδαπών στη θαλάσσια περιοχή ν. Κυθήρων’, 8 October 2022, available at:
https://bit.ly/3wyJ2OX.
10
RSA REPORT │ 2023
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