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.
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