A/HRC/16/52/Add.4
afraid to file an asylum claim in fear of being detained longer as a consequence. Further,
many did not file a claim believing that this would deprive them of seeking asylum in
another EU member State where the chances of success are higher.
62.
The Special Rapporteur notes with concern the Readmission Agreement with
Turkey facilitating the deportation of aliens to its neighbouring countries.40 The lack of any
automatic individual assessment by Greek police, prosecutors or judges whether citizens of
the Islamic Republic of Iran, Iraq or the Syrian Arab Republic face a serious risk of being
deported by Turkish authorities to their countries of origin, constitutes a violation of the
principle of non-refoulement under articles 3 of the Convention Against Torture, 7 of the
International Covenant on Civil and Political Rights, and 3 of the European Convention on
Human Rights.
63.
In view of the serious flaws in accessing protection in Greece, the legal amendments
foreseen by the draft Presidential Decree on the procedure to grant refugee status or
subsidiary protection to third-country nationals and stateless persons, which was signed by
the Minister of Citizen’s Protection on 24 September 2010, is to be welcomed. It foresees a
new timeframe for the issuance of asylum decisions – the accelerated process taking three
months and the normal process six months. Furthermore, the asylum procedure will be
handed over to Refugee Committees comprised of qualified civil authorities.41 In regions
with a large concentration of third-country nationals, 13 police departments will examine
asylum claims decentralizing the examination procedure. The independent Appeals Board
will be reinstated as a second-instance procedure in which the police will not participate. In
the meantime, there was supposed to be a procedure in place to deal with the transitional
period in between the old and new systems, however, this transitional period has been
extended for over one year.
2.
Detention
64.
The Special Rapporteur has witnessed that asylum-seekers arrested at the borders of
Greece are principally treated in the same manner as migrants. Most asylum applications
were initiated after the refugee had been arrested and deportation ordered, which suspended
the execution of the deportation order, but had no bearing on the detention order. Thus,
asylum-seekers are equally systematically subjected to detention which may last until their
asylum procedure has been concluded or the maximum of six or 18 months. The systematic
detention of asylum-seekers constitutes a violation of article 5 of ECHR. The Special
Rapporteur welcomes the Government’s plans to reform the system of detention, which
includes plans to detain asylum-seekers for no longer than 15 days before they are
transferred to open reception centres.
3.
Living conditions
65.
The Special Rapporteur has been informed by the Office of the United Nations High
Commissioner for Refugees (UNHCR) that reception conditions for asylum-seekers do not
meet their most basic needs. There are only 865 reception places available for thousands of
asylum seekers. The level of medical and educational services provided for asylum-seekers
40
41
16
According to official statistics provided by UNHCR, in regard to the implementation of the
Readmission Protocol from January to June 2010 of third-country nationals deported, 238 were from
Iraq.
Members of these Committees will include one civil servant of the Ministry of Interior or Justice, one
representative of UNHCR and a refugee and human rights lawyer selected by the Minister from a list
submitted by the National Committee for Human Rights.
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