5.4.
Legal assistance
Indicators: Fast-track border procedure: Legal Assistance
Same as regular procedure
1. Do asylum seekers have access to free legal assistance at first instance in practice?
Yes
With difficulty
No
❖ Does free legal assistance cover:
Representation in interview
Legal advice
2. Do asylum seekers have access to free legal assistance on appeal against a decision in practice?
Yes
With difficulty
No
❖ Does free legal assistance cover
Representation in courts
Legal advice
The Asylum Code does not contain special provisions regarding free legal assistance in the fast-track
border procedure. The general provisions and practical hurdles regarding legal aid are also applicable
here (see section on Regular Procedure: Legal Assistance).
State-funded legal aid is not provided for the fast-track border procedure at first instance. Therefore, legal
assistance at first instance is made available only by NGOs based on capacity and areas of operation,
while the scope of these services remains severely limited, bearing in mind the number of applicants
subject to the fast-track border procedure.
During the quarantine period, newly arrived asylum seekers were held in the quarantine area in isolation
and without access to legal information or other information with regards to the reception, identification
and asylum procedures. In general, only RIS personnel had access to the newly arrived individuals who
were detained in quarantine; neither UNHCR personnel nor legal aid organisations had access to the
newly arrived asylum seekers. According to information provided by the RIS, the RIS personnel provided
general information to the quarantine detainees, however, this stood in contrast to the testimonies of
individuals released from quarantine given to legal aid organisations, who reported that they did not
receive any information regarding their rights and the asylum procedure during quarantine. Moreover, the
reception and identification procedures were only carried out once the asylum seekers had been moved
out of quarantine. No official registration of the asylum seekers was taking place during the quarantine
period. This means that during the quarantine period, asylum seekers remained unregistered, without
access to their rights and without any assessment of potential vulnerabilities.
In Kos, throughout 2022, containers within the Pre-Removal Detention Centre (PRDC) section of the new
CCAC were used to quarantine newly arrived asylum seekers. During the quarantine period, individuals
held in the containers could not communicate with anyone outside of the detention area and had no
access to legal aid, as their phones were arbitrarily confiscated upon arrival.
In parallel, legal aid organisations’ and lawyers' access to asylum applicants for provision of legal aid was
hindered in multiple ways.
In May 2022, GCR was denied access to visit VIAL (Chios RIC). The RIS claimed that the number of
residents had significantly decreased and there was no longer a need for legal information and assistance.
In parallel, legal assistance was further hindered by a new rule requiring all NGO personnel, including
lawyers, to present a smart card with a photo, personal details as well as fingerprints, in order to access
the centres. This led the Athens Bar Association to issue a legal opinion (under protocol number 185/112-2022), following requests from registered legal organisations, stating that according to the Lawyers’
Code of Conduct (L.4194/2013), lawyers can freely enter Ministries and all public facilities (See section
on Regular Procedure: Legal Assistance).
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