A/67/44
as soon as possible and ensure the designation of an NPM with a mandate in
conformity with the provisions of the Optional Protocol. The State party should
further ensure that this mechanism is provided with the necessary human, material
and financial resources to carry out its mandate independently and effectively
throughout the country.
Access to a fair and impartial individual asylum determination procedure
(18) The Committee recognizes the challenges and burdens that the State party faces as
the main entry point into Europe for many migrants and asylum seekers due to its
geographic location, and it welcomes the efforts made to improve the asylum procedure in
terms of quality and promptness. However, the Committee notes with concern that asylum
seekers face serious obstacles in accessing the asylum procedure due to structural
deficiencies and non-functioning screening mechanisms at the Greek border areas and at
the Attika Aliens’ Police Directorate (Petrou Ralli). Such obstacles include the absence of
procedural guarantees, including free legal aid, interpretation and sufficient information, as
well as the requirement of a fixed address. The Committee notes that the State party has
cleared some of the backlog of pending asylum cases and appeals, including through the
establishment of the second instance Appeals Committees, but it regrets that thousands of
cases are still pending. It also remains concerned at the low refugee recognition rates (art.
2).
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.
GE.12-44492
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