Such cases of best practice, where Asylum Service officers referred applicants for such reports, were not
recorded by GCR in 2022. However, several cases have been reported to GCR where the Asylum Service
or the Appeals Authority did not take into account the medical reports provided (see Special Procedural
Guarantees).
As reported by several civil society organisations,498
‘certain categories such as victims of torture are systematically not identified as such, where
certification does not take place. Certification of victims of torture is impossible in the country in
practice, given that public health authorities do not have the processes and capacity in place to
carry out certification. The authors have contacted public health institutions on the islands on
various occasions to inquire whether they certify victims of torture in accordance with the Istanbul
Protocol, victims of rape of other serious form of violence, as well as whether hospital staff are
appropriately trained for such a certification and whether the victims are able to receive the
necessary care for their rehabilitation.’
Reports published by MSF and METAdrasi in December 2021 confirm that no public hospital is able to
carry out the procedure set out in Article 61(1) IPA (now Article 67 Asylum Code) in practice. Ten public
hospitals across Greece confirmed to MSF in 2021 that they lack the capacity or expertise to provide
certification or rehabilitation to victims of torture. Out of 89 public hospitals contacted by METAdrasi
throughout the country in 2021, only seven replied in writing and none conducts the certification procedure
set out in the law.499
During 2022, a subsequent asylum application lodged by a national of the Democratic Republic of Congo,
a victim of torture in his country of origin and suffering from serious mental health disorders, was rejected
as inadmissible by Western Greece’s RAO on the grounds that the medical certificates by the psychiatrist
and psychologist from “ARSIS” as well as the “Certification of Torture Victims” issued by “Metadrasi” that
were submitted for the first time before the Authorities could not be considered as “new substantial
elements” due to the fact that during his first asylum application, which was rejected, the applicant had
already claimed to have been a victim of torture in his country of origin.500 An appeal was submitted before
the Appeals Authority and the decision is still pending.
4. Legal representation of unaccompanied children
Indicators: Unaccompanied Children
1. Does the law provide for the appointment of a representative to all unaccompanied children?
Yes
No
Under Greek law, any authority detecting the entry of an unaccompanied or separated child into the Greek
territory shall take the appropriate measures to inform the closest Public Prosecutor’s office and the
Special Secretariat for the Protection of Unaccompanied Minors.501 According to IPA, before the
amendment by L.4756/2020,502 the General Directorate of Social Solidarity of the Ministry of Labour and
Social Affairs was responsible for further initiating and monitoring the procedure of appointing a guardian
to the child and ensuring that his or her best interests are met at all times 503. However, since the entry
into force of L.4756/2020, the responsible authority for the procedure of guardianship of unaccompanied
children was the Directorate for the Protection of the Child and the Family of the Ministry of Labour and
Social Affairs in collaboration with the National Centre for Social Solidarity (EKKA) or other authorities. 504
498
499
500
501
502
503
504
RSA, p.16
METAdrasi, Θύματα βασανιστηρίων: Από την ανίχνευση στην προστασία: Ιστορικό, πρακτικές και συστάσεις
για τη βελτίωση της προστασίας των θυμάτων βασανιστηρίων στην Ελλάδα, 21 December 2021, available at:
https://bit.ly/3170BJQ; MSF, ‘Οι Γιατροί Χωρίς Σύνορα ολοκληρώνουν τη δράση τους στην κλινική για
επιζώντες βασανιστηρίων στην Αθήνα’, 21 December 2021, https://bit.ly/3EBMrOC..
Decision on file with the author
Article 64(1) of the Asylum Code as amended by article 4 L.4960/2022.
L. 4756/2020, Gov. Gazette A’ 235/26-11-2020.
See Article 32(1) & (2) IPA and Article 60(3) IPA (before the entry into force of L.4686/2020), article 60(4) IPA
(after the entry into force of L. 4686/2020).
Articles 13 and 14 L.4756/2020 amending respectively articles 32 and 60 IPA.
119
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