GREECE
IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS
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Article 8(1) of PD 90/2008 establishes the right of asylum-seekers to be informed, in a
language they understand, about the procedure that is followed and of their rights and
obligations; it also provides for the right to the services of a free interpreter, so they can
present their case to the authorities that receive and examine asylum applications, and for
the conduct of the asylum interview at all stages, if communication cannot be secured
without an interpreter’s presence. Article 13(4)(e) of PD 90/2008 requires the national
authorities that receive and examine asylum applications to ensure that asylum-seekers who
are in detention have the right to be represented by legal counsel.
National legislation provides for the granting of legal aid only with regard to an application to
annul a negative decision to the Council of State.81 Fees charged by private lawyers for legal
assistance to asylum-seekers are high, making legal advice inaccessible for those without
financial means. Neither does national legislation allow legal aid for challenges to
administrative deportation and detention (see section 3.4).
Detained asylum-seekers who have no financial means rely on legal advice provided by a
small number of NGOs or ad-hoc programmes, such as the one which operated in 20082009, at selected border locations, through EU funding (Aegeas). The Aegeas programme
used to provide, via involved Prefectures, legal assistance to those wishing to seek asylum, as
well as interpretation and social care to those detained in the immigration detention centres
on the islands of Chios, Lesvos, Samos and the Evros region; it ceased its operation in some
immigration detention centres (Fylakio) in the summer of 2009 and in others (Samos, Lesvos
(Pagani) and Chios (Mersinidiou)) in the autumn of 2009.82 During Amnesty International’s
visit to Mersinidiou in December 2009, access to free legal advice on asylum was only
possible when a lawyer from the local Bar Association visited the centre once or twice a
week.83 Furthermore, since October 2009, there was also no interpreter employed at the
centre. Until April 2010, a lawyer employed by the local Prefecture provided advice on
asylum at the Samos immigration detention centre. However, his contract is reported to have
finished at the end of April 2010. In addition, there have been reportedly no interpreters at
the centre since August 2009.
Even when the programme was in operation in the various immigration detention centres, the
ability of the lawyers employed by Aegeas or by the local prefecture to cover the needs of
those seeking asylum was impeded by other difficulties such as a lack of a sufficient number
of interpreters, or interpreters only being available in one language, together with the fact
that only one lawyer was generally employed to cover the needs of a large number of
detainees.
The programme run by the NGO AITIMA, which provided legal advice and social support to
Dublin II returnees arriving at Athens airport from February 2010, finished in April 2010.
During Amnesty International’s second visit to Athens airport in May 2010, the police
authorities told delegates that there was no interpreter at the detention facility. Furthermore,
NGOs providing legal assistance to asylum-seekers, including those in detention, told
Amnesty International of serious financial difficulties as a result of delays by the authorities
in processing the allocation of funds under the European Refugee Fund (ERF). Consequently,
there has been a significant loss of personnel such as lawyers and interpreters.84
Reports have also been received about the hurdles created by police authorities to lawyers
Index: EUR 25/002/2010
Amnesty International July 2010
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