As far as the Safe Third Country concept is concerned, the law specifies that unaccompanied children
may only be subject to the border and fast-track border procedure if it complies with their best interests.662
Pressure on the Greek authorities to abolish the exemptions of vulnerable applicants from the fast-track
border procedure and to “reduce the number of asylum seekers identified as vulnerable”, for the sake of
the implementation of the EU-Türkiye statement and the increase of returns to Türkiye, has already been
reported since late 2016.663 However, as underlined by FENIX “[…] serious deficiencies in the
determination of asylum applicants’ vulnerabilities have been systematically observed in recent years in
Greece, […] Asylum applicants often are rushed through several different phases of the asylum process
before the medical and/or psychosocial examinations are completed. Frequently, asylum interviews are
conducted even while the medical assessment remains pending”.664
Within this framework, L 4540/2018, transposing the recast Reception Conditions Directive, has omitted
persons suffering from PTSD from the list of vulnerable applicants.665 The same omission was made in
the subsequent adoption of both the IPA and the Asylum Code.
1.6
Prioritisation
Although Article 39(5)(d) IPA provided that applications of persons belonging to vulnerable groups were
examined “under absolute priority”,666, this provision was abolished by L. 4686/2020.667
2. Use of medical reports
Indicators: Use of medical reports
1. Does the law provide for the possibility of a medical report in support of the applicant’s statements
regarding past persecution or serious harm?
Yes
In some cases
No
2. Are medical reports taken into account when assessing the credibility of the applicant’s
statements?
Yes
No
If the applicant consents to it, the law provides for the possibility for the competent authorities to refer him
or her for a medical and/or psychosocial diagnosis where there are signs or claims which might indicate
past persecution or serious harm. These examinations shall be free of charge and shall be conducted by
specialised scientific personnel of the respective specialisation and their results shall be submitted to the
competent authorities as soon as possible. Otherwise, the applicants concerned must be informed that
they can undergo such examinations at their own initiative and expense. The results and reports of these
examinations have to be taken into consideration by the Asylum Service, in order for the deciding
authorities to establish if the applicant’s allegations of persecution or serious harm are likely to be wellfounded”.668
Specifically, a contested provision was introduced in 2018, as per which individuals who have been
subjected to torture, rape, or other serious acts of violence should be certified as such by a public hospital
662
663
664
665
666
667
668
Article 95(4)(d) of the Asylum Code.
European Commission, Joint Action Plan of the EU Coordinator on the implementation of certain provisions
of the EU-Türkiye Statement, Annex 1 to COM(2016) 792, 8 December 2016, paras 2 and 3, available at:
https://bit.ly/44e019t; Human Rights Watch, EU/Greece: Pressure to minimise numbers of migrants identified
as vulnerable, 1 June 2017, available at: https://bit.ly/3RqQM0F; AIDA, The concept of vulnerability in
European asylum procedures, September 2017, p. 17, available at: https://bit.ly/424yGDH.
FENIX – Humanitarian Legal Aid, Unrecognised Vulnerability- Greece’s systematic failure to identify and
certify Victims of Torture, p. 12, available at: https://tinyurl.com/mwpxajcv.
Article 20(1) L. 4540/2018, which was later abolished by article 119 (2) of L 4636/2019 See currently in force
article 1 (lc) regarding the definition of vulnerable persons, where persons suffering from PTSD are not
included.
Article 39(5)(d) L.4636/2019.
Article 2(3) L. 4686/2020.
Article 53 L 4375/2016, which was later abolished by article 119 (1) of L 4636/2019 and currently in force
Article 77 of the Asylum Code.
144
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