CAT/C/GRC/CO/5-6
The State party should fully guarantee and facilitate access to a fair and impartial
individual asylum determination procedure. To this end, the State party should
ensure that the important safeguards for quality and fairness of its asylum procedure
as included in the recent asylum legislation be implemented in practice and supported
with appropriate infrastructure, including through the prompt operationalization of
the Asylum Service and the initial Reception Service. The State party should also
ensure the provision of adequate information in relevant languages, legal aid and
interpretative services to facilitate such access. In addition, the State party should
dedicate the necessary human and financial resources to address the considerable
backlog of cases of appeal of decisions on asylum.
Non-refoulement
19.
The Committee notes with serious concern that individuals have frequently not been
able to enjoy full protection under the relevant articles of the Convention in relation to
expulsion, return or deportation to another country. The Committee reiterates its concern at
the State party’s implementation of its forced return procedures, including through means
of direct deportation and application of its readmission agreement with Turkey. It is also
concerned that persons who are subjected to forced return do not enjoy effective procedural
guarantees to access legal remedies or access to the asylum procedure and that they do not
have free legal aid or effective information provided through interpretation services.
Consequently, they are not able to effectively appeal against orders of deportation and/or
consequent detention. The Committee is concerned that these individuals are at a
heightened risk of refoulement, including chain refoulement (art. 3).
The State party should ensure full protection from refoulement by establishing the
necessary safeguards in forced return procedures and thereby guarantee at all times
that no person in need of international protection is returned to a country where he or
she fears persecution or is in danger of being subjected to acts of torture or cruel,
inhuman or degrading treatment or punishment, as well as chain refoulement. To this
end, the State party should review the content of its readmission agreement with
Turkey to ensure that it complies with the State party’s international law obligations.
It should also ensure that appeals against return or expulsion orders have an
automatic and immediate suspensive effect.
Administrative detention of asylum seekers and migrants
20.
The Committee expresses its concern at the current detention policy applied to
asylum seekers and migrants in an irregular situation, including reports that asylum seekers
at border locations are routinely subjected to long periods of administrative detention. The
length of detention, in combination with the deplorable conditions of detention, amounts to
inhuman or degrading treatment and constitutes a serious hindrance for asylum seekers to
apply for asylum. Furthermore, the Committee is seriously concerned at the appalling
conditions in the detention facilities, including regular police and border guard stations
throughout the country, and particularly in the Evros region, in terms of severe
overcrowding, insufficient staff levels, lack of basic supplies, as well as inadequate
medical, psychological, social and legal support (arts. 2, 11 and 16).
The State party should ensure that administrative detention on the grounds of
irregular entry is not applied to asylum seekers. In particular, detention of asylum
seekers should be used only in exceptional circumstances or as a measure of last
resort, on grounds specifically prescribed by law, and then only for the shortest
possible time. To this end, alternatives to detention should be duly examined and
exhausted, especially with regard to vulnerable groups.
The State party should also take urgent and effective measures to improve conditions
of administrative detention through alleviation of overcrowding, appointment of a
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