»The truth may be bitter, but it must be told« Problems highlighted in the detention centres on Chios, Samos and Lesbos De facto denial of legal protection It is almost impossible for detainees to access their rights. They are rarely even informed of their rights. In particular the right to access the asylum procedure is completely denied those in detention. A detainee can appeal against a removal order or a detention decision. Within five days of having received a removal order an individual would have to appeal to the Ministry of Public Order. An appeal against a detention decision could be lodged at an administrative court. In Samos the administrative court is in Syros, while the relevant administrative court for Chios and Lesbos is in Mitilini. In practice, however, in the absence of legal representation, and given the lack of information on the process, these rights of appeal against removal orders and detention decisions are rarely realised. The detainees simply do not have the financial means to hire a lawyer. The same problems prevent people from lodging an asylum claim. In the detention centre on Samos, only one lawyer is active; pay for this position is minimal (300 euros/ month). Given the numbers of detainees, he is not in a position to be able to give legal advice to individuals or to lodge appeals on their behalf. In the detention centre on Chios there is also one lawyer, she works on a voluntary basis. Only after lengthy negotiations with the prefecture and the police has it been possible for a lawyer to even gain access to the detention centre in Mitilini. She has been working there since August 2007. Like her colleague in Samos, she gets very little financial compensation. The administrative process through which removal orders and detention decisions are issued in Greece, violates constitutional law. The right to information, the right to a fair hearing, the right to a translator and an effective right of appeal are not ensured. 20 Deportation orders, detention and detention conditions Arbitrary lengths of detention In practice, the period for which individuals are detained varies greatly. It varies from place to place and can alter over a given time period in a particular town. No explanations are given for these differences. Furthermore, different practices apply for the various groups of refugees. At the time of our visit to the detention centre in Samos, the policy was clear: three months was the maximum period for detention of any irregular migrant. However, refugees from Afghanistan and Somalia are detained for two weeks. On Lesbos Afghans are detained for one or two days, while persons from Arabic speaking countries are held for 30 days. In Chios the 30 day period appears to apply to everyone. Absence of interpreters Professional interpreters, who would be able to provide information, and who are indispensable to ensure that an asylum process is fair, are completely absent. Normally, local authorities used co-detainees as interpreters. Detainees in the Samos centre report mistreatment by the shop owner who acts as an interpreter during police hearings. The practice of informally engaging any available person as an interpreter, gives rise to mistrust and fear, which can have huge consequences. In Mitilini refugees told us they had given false names, because they didn’t trust the co-detainee who was interpreting on their behalf. They did not want to recount their personal story to this individual. Contact with the outside world Support organisations in Chios, Samos and in Mitilini have, as yet, not obtained permission to visit the centres. In Samos the support group is allowed to hold Greek language classes outside the cells, for a maximum of 20 individuals, twice a week. In Chios there are telephone cabins which are accessible to all detainees. However only very few detainees have the money necessary to buy a phone card. In Samos and Mitilini the telephone cabins are in the yard outside. The possibility of calling is thus dependent on being allowed to go out into the yard. In Samos and Mitilini permission to go into the yard is denied for days at a time.