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Borderlines of Despair

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Borderlines of Despair Borderlines of 25/5/2018 Despair: First-line reception of asylum seekers at the Greek borders This report was funded by the Social Change Initiative and implemented by the Greek Council for Refugees 0 ACKNOWLEDGEMENTS The present project was funded by the Social Change Initiative (SCI) and implemented by the Greek Council for Refugees (GCR). The report was written by Spyros-Vlad Oikonomou (GCR, Political Scientist), super- vised by Vasileios Papadopoulos (GCR, Legal Unit Coordinator) and Constantinos Mourtezas (GCR Program Manager), and reviewed in part by Alexandros Konstantinou (GCR, Legal Unit), Eleni Koutsouraki (GCR, Legal Unit) and Spyros Koulocheris (GCR, Legal Unit Scientific Supervisor). We would like to particularly thank the Greek Asylum Service, the Reception and Iden- tification Service, the Directorate of the Hellenic Police, Patra’s Port Authorities, Fron- tex, and their representatives and employees for the cooperation and the data and clari- fications provided during the research. Special thanks to all interviewees for their time and insightful contributions: - Arsis: Association for the Social Support of Youth - Bashira Community and Empowerment Centre - CNN Greece - Doc Mobile - Former Coordinator of the Education Sub-working Group - Hellenic Center for Disease Control & Prevention (KEELPNO) - Hellenic Red Cross - International Organisation for Migration (IOM) - Médecins du Monde (MdM) - METAdrasi: Action for Migration & Development - Motion for the support of Refugees’ and Migrants’ Rights - Office of the UN High Commissioner for Refugees (UNHCR) in Greece, - Praksis - Solidarity Kos Last, but not least, special thanks to the Social Change Initiative and to all of GCR’s colleagues, without whose insightful comments and contributions this endeavor would have never been made possible. As always, any mistakes, omissions and misinterpreta- tions remain the exclusive burden of the writer. Cover photo credit: ©Dimitris Michalakis/GCR 1 Contents ACKNOWLEDGEMENTS ......................................................................................................... 1 Introduction ............................................................................................................................... 3 The project ..................................................................................................................................... 3 Preliminary Findings .................................................................................................................. 5 Access to the Territory and Reception ...................................................................................... 7 Push-backs/Refoulement.......................................................................................................... 8 Pre-RIC Detention ...................................................................................................................... 10 Detention and other means of restriction .............................................................................. 15 Excessive use of detention in Evros ..................................................................................... 16 Discriminatory detention on the islands ........................................................................... 17 Conditions of Detention ........................................................................................................... 18 Geographical restriction.......................................................................................................... 20 Gaps in Reception .................................................................................................................... 24 Context of Reception ................................................................................................................. 24 Registration .................................................................................................................................. 25 Provision of Information ......................................................................................................... 25 Vulnerability Screening/Assessment ................................................................................. 28 Conditions at the RICs ............................................................................................................. 32 RIC of Moria: Inhumanity at its lowest ............................................................................... 32 RIC of Kos: improved but still inadequate ........................................................................ 34 RIC at Fylakio, Evros: nothing can beautify detention .................................................. 36 Effects of Reception ............................................................................................................. 38 Alone and Unattended .............................................................................................................. 38 Alone and Criminalized ........................................................................................................... 42 Escape as the last solution ...................................................................................................... 44 The case of Patra: the re-emergence of an exit-point to Europe ................................ 47 Concluding remarks ................................................................................................................. 52 Recommendations ................................................................................................................... 58 Access to (first-line) Reception and Asylum ................................................................................. 59 Detention and other types of restrictions .................................................................................... 60 First reception and living conditions ............................................................................................. 61 Reference List .......................................................................................................................... 63 Annex I (list of interviews/region) ........................................................................................... 74 Annex II (List of Abbreviations) ............................................................................................... 76 2 Introduction The implementation of the EU-Turkey Statement on March 20, 2016 (henceforth the “Statement”),1 coupled with the closure of the so-called “Balkan Route”, led to a drastic decrease of the unprecedented refugee flows experienced throughout 2015 in the East- ern Mediterranean. It also led to the entrapment of more than 50,000 refugees and asy- lum seekers in Greece, and especially on the five main island points of entry: Lesvos, Chios, Samos, Leros and Kos. Shortly afterwards, on April 3, 2016, the Greek Parliament adopted Law 4375/2016 (henceforth L.4375/2016), 2 introducing the “fast-track border procedure”, which though providing less safeguards for asylum seekers and applicable only under excep- tional circumstances, has been since used with a view to the Statement’s implementa- tion.3 In the same context, the “first country of asylum” and “safe third country” clauses, which formed part of previous legislation, were now used to implement the Statement, by making it possible to return (“readmission”) to Turkey not only newly arrived (at the islands) “irregular migrants,” but also asylum seekers and refugees whose asylum applications would thereafter be found “inadmissible”, as per a clause that had never before been previously enforced. Cumulatively, these events marked a new chapter in the Greek/European management of Migration, with one of its defining characteristics being the gradual (re)institution- alization of the overall management of Greek-bound mixed migration flows.4 In the meanwhile, and within this state-led re-appropriation of border management, the newly established island Reception and Identification Centers (RICs), as well as the land bor- der RIC of Evros (RIC at Fylakio, Evros), became the frontline structures for the recep- tion and accommodation of foreign nationals/non-nationals fleeing persecution and/or destitution. The project In this context, the current project was aimed at assessing how (and if) some aspects of the reception of third-country nationals/non-nationals at the Greek borders evolved since the Statement’s implementation in March 2016, and up to the research’s conclu- sion in April 2018. The point of reference for this was the recast European Directive on the reception of applicants for international protection (Reception Directive),5 which though belatedly transposed into Greek legislation on the 15th of May 2018, still provides/provided for the absolute minimum standards for the reception of third country nationals/non-na- tionals applying for asylum in Europe, and therefore in Greece as well. The primary analytical lens, however, was that of the experiences to which asylum seekers have been subjected throughout their initial reception at the Greek borders, in the context of their 3 RIC-based reception and accommodation. Therefore, the main underlying questions re- volved around what happens when asylum seekers arrive in Greece, to what extent are their reception and accommodation (living conditions) in line with the imperative to respect and protect their decency and rights, and what are the effects of reception to- wards both their short and
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