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REPORT OF THE GREEK COUNCIL FOR REFUGEES TO THE UN COMMITTEE AGAINST TORTURE IN VIEW OF ITS 67th SESSION The Greek Council for Refugees (GCR) is a Greek Non-Governmental Organization, which has been active since 1989, providing legal assistance and social support to persons in need of international protection in Greece. GCR has a Consultative Status in the Economic and Social Council (ECOSOC) of the UN and is an implementing partner of the UN High Commissioner for Refugees (UNHCR). The present submission concerns particularly the issues arising in relation to the prevention of torture and other cruel, inhuman or degrading treatment or punishment of persons in need of international (or other kind of) protection in Greece, namely asylum-seekers, refugees, persons granted subsidiary protection and persons granted leave to remain in the country for humanitarian reasons. ATTACHED DOCUMENTS: 1. AIDA Report on Greece, Update 2018, available at: https://www.asylumineurope.org/reports/country/greece 2. The new normality: Continuous push-backs of third country nationals on the Evros river, available at: https://www.gcr.gr/el/ekdoseis-media/reports/item/1028-i-nea- kanonikotita-ston-evro-ameiotes-synexizontai-oi-paranomes- epanaproothiseis-politon-triton-xoron 3. Borderlines of Despair: First-line reception of asylum seekers at the Greek borders, available at: https://www.gcr.gr/media/k2/attachments/SCIZReportZfinalZPDF.pdf 4. Limits of Indignation: the EU-Turkey Statement and its implementation in the Samos ‘hotspot’, available at: https://www.gcr.gr/media/k2/attachments/Report_Samos.pdf 5. Administrative detention in Greece: Findings from the field (2018), Executive Summary, available at: https://www.gcr.gr/media/k2/attachments/GCR_Ekthesi_Dioikitik_Krati si_2019_en.pdf GREEK COUNCIL FOR REFUGEES 25 SOLOMOU STR. - ATHENS 106 82, GREECE TEL: +30 210 38 00 990 FAX: +30 210 38 03 774 EMAIL: [email protected] OBSERVATIONS PER ARTICLE ................................................................................................... 3 ARTICLE 2 IN CONJUCTION WITH ARTICLE 3 ..................................................................... 3 Detention of asylum seekers ....................................................................................................... 3 Lack of legal safeguards ............................................................................................................ 3 Detention of unaccompanied minors with adults and men with women ............. 4 Detention without individual assesment and examination of alternative measures ........................................................................................................................................ 4 Detention on public order grounds without legal justification ................................. 5 Length of detention .................................................................................................................... 5 Asylum procedure ........................................................................................................................... 5 Push-backs at the Greek-Turkish border ........................................................................... 5 Obstacles of access to the asylum procedure ................................................................... 6 Delays in the asylum procedure ............................................................................................ 6 Shortcomings regarding fairness and impartiality of the asylum procedure ..... 7 Differential treatment of specific nationalities in the procedure ............................. 9 Forms of violence against refugee women and women seeking asylum ................ 10 ARTICLE 11 IN CONJUCTION WITH ARTICLE 16 ............................................................. 10 Detention conditions .............................................................................................................. 10 Judicial review of detention orders ................................................................................... 11 ARTICLE 16 ..................................................................................................................................... 12 Lack of protection and detention of unaccompanied minors ................................. 12 GREEK COUNCIL FOR REFUGEES 25 SOLOMOU STR. - ATHENS 106 82, GREECE TEL: +30 210 38 00 990 FAX: +30 210 38 03 774 EMAIL: [email protected] OBSERVATIONS PER ARTICLE ARTICLE 2 IN CONJUCTION WITH ARTICLE 3 Detention of asylum seekers1 The number of administrative detainees in Greece is one of the highest among all EU Member States. Following a significant reduction of the number of detainees in 2015, the use of administrative detention has been gradually resumed, in particular after the launch of the EU-Turkey Statement of 18 March 2016. The total number of asylum seekers detained in 2018 was 18,204, almost doubling 2017 figures (9,534). Out of the total 2,933 persons detained by the end of 2018, 1,815 were asylum seekers. Lack of legal safeguards The ability of detainees to challenge their detention before domestic Courts is severely restricted in practice, due to the lack of information on their legal status and the possibility of challenging their detention and further due to the lack of free legal aid scheme2. As stated by the CPT, following the visit of the delegation in April 2018 “the delegation met again a large number of foreign nationals in the pre- removal centres visited who complained that the information provided was insufficient – particularly concerning their (legal) situation and length of detention – or that they were unable to understand this information... access to a lawyer often remained theoretical and illusory for those who did not have the financial means to pay for the services of a lawyer”.3 Recent case-law of the ECtHR corroborates that major obstacles hinder the effective access to the domestic legal remedy against detention, in practice. In said case the Court found that the remedy was not available in practice due to the lack of information, as detention orders were written in Greek and they only included general and vague references regarding the legal avenues. Moreover, no free legal assistance was available and competent Courts were located on another island.4 In April 2018 regarding the provision of health care in pre-removal centres, the CPT found that “the available resources are totally inadequate compared to the 1 AIDA Report on Greece, Update 2018, pp. 145-163 and Administrative detention in Greece: Findings from the field (2018), Executive Summary. 2 AIDA Report on Greece, Update 2018, pp. 170-173. 3 CPT, Report on the visit to Greece from 10 to 19 April 2018, CPT/Inf (2019) 4, 19 February 2019, paras 78-80. 4 ECtHR, J.R. and Others v. Greece, application No 22696/16, 25 January 2018 and ECtHR, O.S.A. v. Greece, Application No 39065/16, Judgment of 21 March 2019. GREEK COUNCIL FOR REFUGEES 25 SOLOMOU STR. - ATHENS 106 82, GREECE TEL: +30 210 38 00 990 FAX: +30 210 38 03 774 EMAIL: [email protected] needs observed. The number of health-care staff in each of the centres is insufficient. In some centres, there is no doctor and even the most basic medical equipment is lacking. There is also a total lack of effective routine medical screening of new arrivals, including screening for contagious diseases or vulnerabilities. In short, even the most basic health-care needs of detained persons are not being met”.5 Official statistics demonstrate that the situation has not improved in the course of 2018 and that pre-removal centres continue to face substantial medical staff shortages. Out of the total 20 advertised positions for doctors in pre-removal centres, only 9 were actually occupied by the end of 2018. There was no doctor present in Paranesti, Lesvos and Kos and no psychiatrist in any of the pre-removal detention centres at the end of 20186. Detention of unaccompanied minors with adults7 and men with women In March 2019, the European Court of Human Rights applying Rule 39 of the Rules of the Court, indicated interim measures in the case of two unaccompanied minors seeking international protection (represented by GCR’s Legal Unit) and ordered the Greek authorities to transfer them immediately from the pre-removal detention centre for adults to an accommodation facility for minors8. In addition, the CPT found in 2018 in one of the cells of Fylakio Pre-departure Centre “95 foreign nationals, including families with young children, unaccompanied minors, pregnant women and single adult men, who were detained in about 1m² of living- space per person” 9 . Detention of women with unrelated men has also been observed by GCR in Kos Pre-departure centre. Detention without individual assessment and examination of alternative measures10 No individual assessment procedure prior to the imposition of detention is in place and detention continues to apply indiscriminately, including against vulnerable applicants –families with children, persons suffering from mental health problems, victims of torture etc.-, while no alternatives to detention are examined or applied in practice. 5 CPT, Preliminary Observations made by the CPT which visited Greece from 10 to 19 April 2018, CPT/Inf (2018) 20, 1 June 2018, para 21. 6 AIDA Report on Greece, Update 2018, pp. 167-169. 7 See Article 11 in conjuction with article 16 for details regarding detention of minors and an overview of their protection challenges. 8 T.S. and M.S. v. Greece, Application no. 15008/19 https://www.gcr.gr/en/news/press-releases-announcements/item/1069-the-european-court-
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