8. Lack of legal safeguards
2011, until October 7, access was once more denied to
lawyers. During that summer, no legal aid was provided in
Fylakio detention centre by GCR.
Sometimes the GCR-lawyers were denied to meet even
with detainees who had assigned them with a power of
attorney. On the 6th of June 2011 access in that sense was
also denied to the lawyer working for GCR in the Venna
detention centre (in Rhodopi). She wasn’t even allowed
to see her detainees, from whom she had an authorization
letter conferring her right to represent them before the
authorities. The lawyer asked to meet at least one of her
clients, whose deadline to lodge an appeal against his
negative asylum decision was finishing the next day.
Initially the police asked to see the authorization, but even
though she showed it to them, they denied access once
more claiming it was an old one.
8.4.4. Access to the files
The detainee has to grant lawyer a power of attorney in
order to have access to his or her files. These authorizations have to be certified by the police. Sometimes the
certification requires visiting police premises in two
different locations, as the border guards are not authorised
to do that.
There are obstacles to accessing the files due to bureaucratic reasons or due to inadequacies of the system. For
instance, for a single detainee, the police keep different
files in different police stations. On account of improper
record keeping, it is almost impossible for a lawyer to have
access to information regarding the transfer of a detainee,
his medical status etc.
Additionally, sometimes the police arbitrarily deny access
to the files. On the 14th of April 2011, the mission lawyers
asked the border guard officers in Tychero to certify the
authorizations given. The police denied doing so, thus, the
lawyers could not access the files.
In June 20, 2011 GCR lawyers requested from Orestiada’s
Police Directorate copies of the deportation and detention
orders issued against three female detainees in Fylakio.
They had never been handed to them and since the
women were allegedly victims and/or witnesses of sexual
harassment by police guards in the detention centre (see
chapter: violence) the lawyers wanted to lodge objections
against their detention before Alexandroupoli’s Administrative Court. The Police Directorate denied access to the
women’s files and only after the Public Prosecutor issued
an order, they proceeded with the requested. Without
51
these papers, the application to the court is considered
inadmissible.
8.4.5. Lack of a proper place to meet
with the lawyers
The lack of a room, where a lawyer can meet a detainee
in confidence, circumscribes the detainees’ right to communication with his/her lawyer. During the missions, we
met with detainees in corridors, in dirty rooms without
chairs, behind the bars, and always closely observed by the
police, who would never stay more than one or two metres
distance from us. Under these circumstances, detainees
who experience ill-treatment by the police are unlikely
to report about these incidents to the lawyers. However,
we have experienced a different situation in Fylakio,
where we were sometimes granted access to the doctor’s
examination room and other separate offices (such as the
container in the yard).
Another problem concerns the quality and quantity of time
available to the lawyers and to the detainees. We often
had to wait a long time before the officers would bring the
detainees since they could not find them immediately in
their database. That is, names are often wrongly registered
or spelled. In addition, we had to wait for other procedures
to be finished, i.e. serving lunch, visiting the doctors etc.,
because there were not enough guards to supervise parallel our meeting and the other activities. We frequently had
to interrupt interviews and we could not always see all of
those we wanted to.
In all detention centres it is almost impossible to have a
proper interview in a proper place with an asylum seeker
about his/ her reasons of his/ her persecution.
Under these conditions the communication between
lawyer and detainees cannot be confidential and the legal
representation is not effective.
8.4.6 Arbitrary denial of registration
of documents
There are cases in which the police arbitrarily denied
registering official requests or documents that were necessary for the asylum, the detention and/or the deportation
procedure. At Soufli border guard station, an Iraqi unaccompanied minor was wrongly registered as adult. He
was in detention pending his readmission to Turkey. His
family sent a fax to GCR in Athens, which then was forwarded to the police station. This document was a certificate proving his real age. Yet, it was never registered by the
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