GREECE IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS 23 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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