A/HRC/45/16/Add.1 exercise legal remedies. The authorities claim that no foreign citizen in detention who has applied for international protection may be returned until the examination of the application, since Greece fully respects the Convention relating to the Status of Refugees, and the procedures in Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, which have been incorporated into national law. 59. The Hellenic Coast Guard and UNHCR signed a memorandum of understanding in September 2014, which was renewed in 2018. The memorandum is aimed at protecting and safeguarding the fundamental rights of migrants and refugees, in accordance with international, European and national law. Furthermore, representatives of civil society and UNHCR have access to detention areas and access is not generally hindered in practice. 60. According to the authorities, foreign citizens in detention are provided with information notes, and booklets and other resources are available online, so that they are informed in a language that they understand of their rights regarding detention and the asylum procedure. The presence of an interpreter is also standard, with interpreters appointed by the Government or provided by non-governmental organizations (NGOs). 61. During its on-site visits and interviews, the Working Group observed that many detainees did not understand their right to apply for asylum and the corresponding procedure, with some individuals incorrectly believing that the process was initiated when they were fingerprinted. There was no established scheme for providing legal aid during the first-instance asylum application, and interpretation was not consistently provided, with asylum seekers relying on second-hand information from fellow applicants. 62. The Working Group was informed that no information was provided by the police to detainees on their right to apply for international protection or on the procedural stages, and that such information was provided by non-governmental actors only. No further information appears to be provided regarding the time limits for detention. In addition, both the original detention decisions and their reviews, following ex officio review by the judicial authorities, are drafted in Greek only. Most pre-removal detention centres do not have interpretation services, and when interpreters are available, they do not provide interpretation throughout all procedural steps and everyday issues or translate all documents involved, especially given the high number of detainees in many pre-removal detention centres. 63. Furthermore, some persons who had been detained on separate criminal charges but were also applying for asylum informed the Working Group that they experienced significant barriers to pursuing their claims when they were unable to attend their interviews with the Asylum Service owing to their detention. The Working Group was informed that such criminal charges could affect the determination of the asylum claim. 64. The right to seek asylum is recognized under article 14 (1) of the Universal Declaration of Human Rights. In addition, as the Working Group recognized in its revised deliberation No. 5 on deprivation of liberty of migrants, the right to personal liberty extends to all persons at all times, including migrants and asylum seekers, irrespective of their citizenship, nationality or migratory status (A/HRC/39/45, annex, para. 7). All detained migrants must have access to legal representation and interpreters. 2. Protective custody 65. Article 19 of Presidential Decree No. 220/2007 obliges the competent authorities to undertake all the necessary measures for the representation of unaccompanied minors. This entails informing the prosecutor for minors or, when there is no such prosecutor, the prosecutor at the local first-instance court, who acts as a temporary guardian. Moreover, Law No. 4554/2018, which entered into force on 1 March 2020, foresees that all unaccompanied minors in Greece are assigned a professional guardian. The process of hiring such guardians is ongoing. Interim arrangements include the participation of authorized representatives from NGOs as guardians. The Working Group encourages the relevant authorities to ensure that this process is completed as a matter of priority. 11

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