6 2. Asylum in Greece: General Context Trends in arrivals While the Greece - Turkey land border used to be the main entry point into the EU for asylum seekers and migrants in 2010, smuggling routes have since shifted towards the more dangerous sea routes, including because of the reinforcement of border controls and the erection of a 10,5 km fence at the part of the land border with Turkey not marked by the Evros river in 2012. In this regard, it should be noted that 2014 saw the highest recorded numbers of migrants arriving in the EU across the Mediterranean. According to UNHCR, 218,000 people tried to reach Europe by crossing the Mediterranean Sea in 2014, often risking their lives.9 It is estimated that close to 3,500 lost their lives in Mediterranean Sea crossings. After a decrease in 2013, the number of arrivals of migrants in Greece sharply rose again in 2014: over 75,000 persons were apprehended by the Greek police and coast guards in 2014, a 79.4% increase compared to 2013.10 Apprehensions at the sea border with Turkey totalled 43,518 while apprehensions at the land border amounted to 1,914 in 2014. Apprehensions in the region of Evros remain much lower than before 2012, even though numbers almost doubled between 2013 and 2014.11 While a breakdown by nationality and by region of the border is not available, general statistics show that Syrians ranked first among the persons apprehended for irregular entry and stay in Greece in 2014 with a total of 32,520 persons, followed by Albanians (16,751), Afghans (12,901), Pakistanis (3,621) and Somalis (1,876).12 However, this trend is not reflected in the number of asylum applications, as only 786 Syrians applied for asylum in Greece in 2014, despite the fact that Syrian nationals benefit from an accelerated determination procedure and a recognition rate close to 100%.13 Syrians do not apply for asylum for a number of reasons, including the limited prospect for rebuilding their lives in Greece, a country suffering from a severe economic crisis. The fact that many Syrians do not want to apply for asylum in Greece for fear of being stranded in the country raises fundamental questions about the functioning of the Common European Asylum System and the remaining restrictions in the free movement of persons obtaining international protection in one Member State within the EU, which go beyond the scope of this report. Nevertheless, ECRE believes that this once more illustrates the urgency of replacing the Dublin system with a fair system of responsibility-sharing and taking the necessary steps to ensure the mutual recognition of positive asylum decisions and the transfer of protection statuses within the EU. Building an Asylum System in Greece: progress made – gaps remaining In recent years considerable efforts have been undertaken to establish a functioning asylum system in Greece. As mentioned above, the reform of the Greek asylum and migration management system included the creation of a new specialised body in charge of processing asylum applications, the Asylum Service; a new Appeals authority and a body responsible for first “reception” of third country nationals intercepted crossing the border irregularly, the First Reception Service.14 Whereas until June 2013 asylum applications had to be registered and examined by the Hellenic Police, this is now under the responsibility of the Asylum Service, a specialised department established by Law 3907/2011 under the Ministry of Public Order and Citizens Protection.15 Asylum applications lodged after 7 June 2013 are examined by the Asylum Service while those lodged prior to that date are still examined by the Police at first instance. The Asylum Service opened its office in Athens on 7 June 2013 and comprises five Regional Asylum Offices (AthensAttica, Northern Evros-Fylakio, Southern Evros-Alexandroupolis, Lesvos and Rhodes) and three Mobile Units (in the detention centre of Amygdaleza, Patras, and Thessaloniki)16 which register and process asylum applications. An additional eight Regional Asylum Offices are foreseen in the law. Each Regional Office is responsible for asylum applications made in a certain region of Greece, except the Athens office, which is responsible for all applications that are not under the jurisdiction of any of the other Regional Offices. 9 10 11 12 13 14 15 16 UNHCR, UNHCR appeals to EU for beefed up Mediterranean search and rescue capacity as at least 29 deaths are reported off Lampedusa, 10 February 2015. Greek Police, Apprehended irregular migrants, illegal entries and stays, data from the Police and Port Authorities, January 2015 (Συλληφθέντες μηνόμιμοιμετανάστες, γιαπαράνομηείσοδο & παραμονή, Από Αστυνομικές και Λιμενικές Αρχές). The exact number of people apprehended is 77.163 for the period January to December 2014. Greek Police, Table of apprehended irregular migrants for illegal entry and stay, data from the Police and Port Authorities (by region), January 2015 (Πινακας συλληφθεντων λαθρομεταναστων για παρανομη εισοδο & παραμονη από αστυνομικες & λιμενικες αρχες). Greek Police, Table of apprehended foreigners, for illegal entry and stay,by nationality, 12 months 2014, January 2015 (Πινακας συλληφθεντων αλλοδαπων για παρανομη εισοδο & παραμονη, ανα υπηκοοτητα, απο αστυνομικες & λιμενικες αρχες, 12 μηνο 2014). Greek Asylum Service, Statistical data January to December 2014. The First Reception Service is discussed separately in section 3. Law 3907/2011 on the establishment of an Asylum Service and a First Reception Service, transposition into Greek legislation of Directive 2008/115/EC “on common standards and procedures in Member States for returning illegally staying third country nationals” and other provisions (in Greek, in English). It was amended by law 4249/2014. There used to be a mobile unit in the detention centre of Komotini but that centre closed in October 2014.