Unwelcoming shores

Source: http://www.independentworldreport.com.

21 NOV 09

Simone Troller of Human Rights Watch describes the plight of migrant and refugee children in Greece and how Greek authorities are doing the dirty work for other members of the European Union – giving them the opportunity to get rid of migrants, including potential refugees.

“We were one group of twelve persons they took out from the detention centre. They drove us in a car, for maybe one and a half hours. We arrived in the forest around 9 PM. They kept us there until midnight, they told us not to move, otherwise the Turkish police would find us. It was next to a small river. This side was Greece, the other side was Turkey… The boat was a metal boat, a long metal boat. Inside the boat there was one policeman. He started the engine and after we arrived to the other side he told us to get out quickly and the boat went straight back. When the Turkish police arrived two of us explained what happened. We were, for twelve days, in Turkish detention. They beat me too much… When the Turkish police beat me they said I should call my family to send me money to return to Afghanistan. I asked them not to send me back to Afghanistan, because I had problems. I asked them to keep me. But they did not care.”

This was how a seventeen-year-old Afghan boy described his secret expulsion from Greece to Turkey and ultimately back to Afghanistan. Unfortunately, his experience is typical of the fate of thousands of migrants and asylum seekers who have been expelled from the European Union at the hands of Greek authorities. As a result, many people who need protection are sent back to danger, abuse or inhuman detention conditions.

In 2008 and 2009, Human Rights Watch investigated the treatment of migrants and asylum seekers, including unaccompanied children, in Greece and published its findings in three reports. In late 2008, when we first presented our findings to the Greek government about systematic illegal expulsions of migrants, asylum seekers and refugees to Turkey, we were given the cold shoulder – they ignored our findings.

When we presented them to EU policymakers in Brussels and also described the total absence of protection for migrant children who arrive without a parent or caregiver, there was recognisable disbelief and even shock in people’s faces. When I summarised in a meeting with a policymaker in Brussels that an unaccompanied migrant child who enters Greece is either detained or left to survive on the streets, I was told: “I don’t believe this.”

It may be hard to believe that such callous and illegal acts are taking place in the heart of Europe that has long committed itself to respect basic human rights standards. It may also be hard to believe that Greece offers no safety net for unaccompanied children. Those who are not expelled are either detained in filthy and overcrowded conditions or released onto the streets where they face a miserable struggle for survival and exploitation, including as child labourers.

Yet, ignoring the reality on the ground means such acts will continue to take place. Greece’s treatment of migrants and refugees, including these children, violates binding European Union directives for asylum seekers.

Despite the shocked reactions in Brussels when we described what we had found, our call to the European Commission to take Greece to the European Court of Justice for these violations has so far gone unheeded.

We also expected a stronger signal from other EU member states. In late 2008, in a meeting with EU member state delegations, we urged them to stop sending migrants and asylum seekers back to Greece under the so-called Dublin II regulations, because of the ill-treatment, detention and unfair asylum procedures. They told us, in the words of one diplomat: “If we stop doing that, more migrants will arrive to our country.”

There is no doubt that Greece is on the frontline of migration to Europe and that it carries a heavy burden for the rest of the EU under the Dublin II rules. But that reflects a wider failure of Europe’s asylum and migration policy that puts pressure on countries at its borders instead of ensuring equitable burden-sharing across the continent.

Under Dublin II regulations, the country where a person first enters the EU is generally held responsible for examining that person’s asylum claim, though for unaccompanied children the rule applies only if the child has made a claim there. The regulations are premised on the notion that all EU member states have comparable asylum and migration practices. Yet, there are wide disparities, with countries like Greece effectively offering no protection at all.

Greece gives refugee status to 0.05% of asylum seekers after a first interview and recently abolished meaningful appeals. This prompted the United Nations High Commissioner for Refugees to withdraw from a formal role in Greece’s asylum procedure. Yet, EU member states continue to return migrants, asylum seekers, and even unaccompanied children to Greece, simply pretending that everything is perfectly fine.

It is hard not to get the impression that these EU member states are perfectly happy with Greece doing the dirty work for them – giving them the opportunity to get rid of these migrants, including potential refugees among them. In mid-2009, six months after we brought our findings to both Greek and EU attention, the Greek government began a new crackdown against migrants – arresting hundreds across the country, bulldozing a make-shift camp in Patras, evicting them from run-down dwellings in Athens, and detaining new arrivals on its islands.

Human Rights Watch returned to Greece in September 2009 and collected evidence that Greek authorities have arrested persons all over the country, and summarily expelled some of them across the river to Turkey, though previously it only sent those who had just entered from Turkey back that way. This means that no part of Greece is now safe for anyone in need of protection.

While the EU has largely remained silent on Greece’s abusive record or has focused on blaming Turkey for refusing to take migrants back, there are some encouraging signs from the newly elected Greek government. It announced in mid-October that Greece would no longer be a hell pit for migrants. The government also pledged to release 1,200 migrants from detention, where most are held in inhuman conditions, and to create a special police unit to investigate allegations of abuse.

Fixing the system will be a tall order, though. The new government inherits an asylum system that no longer deserves that name, a police force that commits abuses against migrants both in broad daylight and in secret nighttime operations, and detention facilities that are a hazard for detainees and staff alike. Fixing this will require more than promises and symbolic acts.

Despite the overwhelming agenda, there are obvious priorities. The Greek government can protect the most vulnerable migrants, especially unaccompanied children, and get rid of the stark alternatives in the current system of either detaining them or abandoning them to the streets and to exploitation. Greece should give them decent shelter, food, clothing, health care, and, of course, protection from traffickers.

Not all of the more urgent reforms even require more resources. An unambiguous commitment to stop the illegal expulsion of migrants to Turkey is essentially a matter of political will to operate according to the rule of law. The new police unit should immediately investigate these secret expulsions and levy sanctions against those responsible. Accountability for these acts is paramount for meaningful police reform.

Greece also needs to come to terms with the reality that many undocumented foreigners, adults and children alike, left their countries because their lives were in danger and have a legitimate claim for protection. The government needs to put its broken asylum system back on track, take the asylum procedure away from the police, create a special body that assesses claims fairly and promptly and institute a fair, workable appeals process. Otherwise, the adults and children the Greek government releases from detention now will end up again in a dead-end situation: unable to leave Greece, unable to return to their countries, and unable to be recognised as refugees.

Halting human rights abuses that have gone unchecked for too long should be urgent priorities both for Athens and for Brussels. The European Commission should make clear to Athens that unless the new government takes steps to bring its laws and practice in line with EU and human rights standards, the commission will refer the matter to the European Court of Justice. In addition, the EU needs to ensure that EU member states are held to account when they fail to respect their obligations under EU law, and ultimately to reform the Dublin system. Only then can the EU take meaningful steps toward creating a common European asylum system that offers equal level of protection across the continent and supports the countries on the frontline.♦

Simone Troller is Researcher, Human Rights Watch. For more on migrant and refugee children in Greece, see: Greece: Unsafe and unwelcoming shores and Left to survive: Systematic failure to protect unaccompanied migrant children in Greece, available at http://www.hrw.org

Greek asylum procedures are violating EU law, say organisations from across Europe

SOURCE: http://www.refugeecouncil.org.uk

13 November 2009

Refugee groups from across the EU, including the Refugee Council, have today filed a complaint with the European Commission stating that the Greek asylum system is failing and, as it currently stands, violates EU legislation on the treatment of asylum seekers.

The complaint states that asylum seekers in Greece are detained in overcrowded, dirty prisons or forced to live on the streets where many of them face harassment and violence. Asylum application can only be made on Saturdays at the police station in Athens. Every week thousands of asylum seekers queue up outside the station, yet only a small number are able to make a claim. There is a severe lack of information available about the asylum process, no interpreters and little access to legal aid. A serious shortage of accommodation means men, women and children are being left street homeless. And there is a serious risk that many refugees will end up being sent back either over the border to Turkey or to their home country to face the persecution from which they were fleeing, violating the terms of the 1951 Refugee Convention.

Because of its geographical position, Greece receives a high number of asylum seekers. Each year tens of thousands of asylum seekers arrive in Greece. On top of this, the UK returns refugees who arrive in the UK to Greece without considering their asylum application if it can be shown that they have passed through the country.

Jonathan Ellis, Director of Policy and Development said:

“The situation is untenable. We can no longer stand by while the Greek authorities continue to violate EU law and treat asylum seekers in this way. Until the asylum process is accessible and fair we should halt all returns to Greece immediately. It is unacceptable that anyone should be sent back to Greece while we have such serious concerns for their safety and how they might be treated.

“This is yet another example of why we need a pan-European approach towards those who seek refuge in Europe. European countries need to work together to ensure that each country does its fair share to relieve the pressure on countries close to the borders and ensure that all asylum seekers to the EU are treated fairly and humanely.”

UK: Refugee and Migrant Justice Lawyers call on the UK Government to stop removing asylum-seekers to Greece

>>> SOURCE/READ THE WHOLE ARTICLE AT http://refugee-migrant-justice.org.uk <<<

10 November 2009

RMJ asks UK to stop removing asylum-seekers to Greece, following international complaint to European Commission against Greece

Refugee and Migrant Justice (RMJ) today calls on the UK Government to stop removing asylum-seekers to Greece until conditions there improve.

Fifteen European refugee NGOs, led by Refugee and Migrant Justice and the Dutch Refugee Council, are calling for the Greek Government’s treatment of asylum-seekers to be referred to the European Court of Justice. The complaint will be presented to the European Commission today, 10 November, and will be heard at the end of November 2009.

Many asylum-seekers travel by sea to Greece. The Greek authorities often try to prevent them from entering Greek territory by turning boats back at sea or sometimes puncturing inflatable rafts. Life threatening situations have occurred in the process. When asylum-seekers do make it to Greek territory, many of them are detained upon arrival. Conditions in some of the detention centres are appalling – most of them are warehouses that are severely overcrowded and lack adequate sanitation and cooking facilities.

There is a severe shortage of reception facilities and no specialist social care for unaccompanied asylum-seeking children. Many migrants end up sleeping rough where they often experience ill-health.

The Greek authorities make it very difficult for asylum seekers to gain access to the Greek asylum procedures, a clear violation of EC law, as well as international human rights instruments. In 2008 22,100 asylum applications were lodged in Greece, yet less than one per cent of asylum applicants were granted refugee status or other forms of protection, compared with 31 per cent in the UK.

The Greek authorities regularly deport asylum-seekers back to Turkey from where they may be removed to their countries of origin.

Caroline Slocock, Chief Executive of Refugee and Migrant Justice, says

“The inhumane conditions facing asylum-seekers in Greece are a scandal. Greece’s system is not just unfair to asylum seekers, it places unreasonable burdens on other European countries, like the UK, that have more respect for European and international obligations to identify and protect those who fear persecution.. . Many asylum-seekers end up travelling across Europe to France and the UK because they cannot get a fair hearing in Greece. We are appealing to the European Commission to put this right but in the meantime the UK Government should stop returning asylum-seekers to Greece under EU laws, as their safety cannot be guaranteed.”

Case studies

RMJ has collated witness statements of asylum-seekers who have come to the UK via Greece…

>>> SOURCE/READ THE WHOLE ARTICLE AT http://refugee-migrant-justice.org.uk <<<

Somalis in Greece

source: http://www.mareeg.com/fidsan.php?sid=14200&tirsan=3

Glimpse of-hope for Somali immigrants suffering in Greece to improve in the near

A massive demonstration in which all illegal immigrants at any level of age, with full participation of Somalis in Greece has peacefully happened on 4^{th November, 2009}

The purpose of demonstrators was to ask the Greek government to clarify what the future holds for illegal immigrants in Greece.

What problems are the Somalis experiencing in Greece?

The life- issue of Somali immigrants in Greece is really ineffable and seems strange. There is no any one who felt an obligation to write and verbalize about dire complaints and hardships of the immigrants, especially Somalis in Greece. Most of Somalis in home, Africa and Asia are obsessed about going to Europe by any means, believing that poverty, ignorance, lack of healthcare, poor education, unemployment and uncertainty of the future are the only signs in the life outside Europe. To avoid those horrendous and aching scenarios in Africa and Asia, most of Somalis choose more than other immigrants in the world to wildly embark upon death – life journeys to get to – as they believe – the most comfortable and prosperous countries in Europe, Scandinavian nations or Great Britain in particular in search of unfailing future together with what the best life in those countries can offer to everyone. Although there are many travel routes in which Somalis exert, all of them don’t succeed in accomplishing the painful travels they face so some all the time take a risk and lose their lives on their way to their desiring destinations after they drown in either Mediterranean sea or red sea. A great number of Somali prisoners who are immigrants – because their country already turned to a ghost land – are in the jails of the countries like Libya, Tanzania Zambia, Malawi, Mozambique and others.

Some Somali immigrants successfully completed their adventurous trips to Europe but some got trapped in Greece where in recent times became only route for Somalis illegally departing to Europe. There their dreams of life changing came to an end in despair. These people have encountered a lot of hardships in the life and lacked any way to get out of Greek country while their families who arranged the travels financially and morally for them anxiously wait to find any kind of life – support from them.

Ms. Safio Isaq Anshur, a Somali female immigrant in Greece’s capital Athens talked at length about the living conditions of Somalis and said, “The living standoff between Somali immigrants and Greek officials had been frequent and there were arrests conducted against immigrants especially Somalis in Greece after complaint demonstrations were held. There are many Somalis here who failed in resumption of the travels to their already allocated countries

Ms. Safio Isaq Anshur who genuinely talked in her magnificent report which she forwarded to most of Somali speaking websites went on and said, “Greek security forces at all times without indiscrimination shackle Somalis youth in groups after they demonstrate how they are not pleased with the ways Greece deals with them,”

Greek government authorities regularly address about the situation in order to find a lasting solution to the plight of Somali immigrants. The officers put strong recommendations forward to Somalis living in the country to take Greek permanent immigrants documents and the government would handle the needs of Somalis or to enroll themselves in UNHCR offices in the country and that is not lovable for them. These substantial advices from Greece went to deaf ears because Somali migrants who are so far on move of passing though Greece to Scandinavia or UK are extremely scared to be ever stuck in Greece because of their fingerprints taken by the police.

Although regular demonstrations in which Somalis in Greece turn out increase zero, the call from the officer has instantly inspired all immigrants in Greece in general and Somalis in particular with a little of life hope. This follows after Greek authorities in office received countless requests from supreme agents of Somali immigrants, encouraging Greece to crack down on the living conditions of immigrants

After arresting the biggest number of Somali prisoners in the last week, Greek foreign Minister held talks with representatives from Somali-Greek Diaspora. Among the discussed matters in meeting was Somali inmates who some of them had been in jails for long

Somali Greek Diaspora activist, Mr. Ilyaas Ali, called at some of Greek detention centers in Athens like Elidabon,Kiria and another prison in the vicinity of Athens airport where the detainees are mostly Somalis to assess the conditions and make out the arrested number of Somalis. This evaluation visit seems to the suffering Somalis in Greece the start of release of hundreds of Somalis in jails and the route to better life in the near future.

Translated /Written by

Ustaad Mohamed – Nur Hersi Abdi Tallman

Tallmog@hotmail.com

 

Nairobi – Kenya

Sender from Greece Safiya Isaaq Canshuur

 

Saafi43@hotmail.com

Palestinian minors and other refugees tortured in Greece

A long report on the situation by The Palestine Telegraph

SOS Palestinian minors and other refugees tortured in Greece – 5 women 3 children drowned in Aegean

Greece, October 27, 2009 (Pal Telegraph) -

The photo is from the 17 year old Palestinian victim (from "Eleytherotypia" newspaper)

A 17 year old Palestinian has accused his guards of brutally beating him, in the Pagani “detention center” for immigrants without papers, in the island of Lesvos, close to Turkey. The incident happened just a few hours after the vice minister of the newly named “Ministry of Protection of the citizens” has visited the place and expressed his indignation over the living conditions of hundreds of immigrants stuffed in an old depot transformed to a nasty prison. The vice-minister left, the newspapers wrote articles about how much the new “socialist” government cares about human rights, and the policemen punished the immigrants and refugees that dared to denounce their ill treatment to the vice-minister by torturing them even more!

“OUT THE BACK DOOR”: REPORT ON ILLEGAL DEPORTATIONS FROM GREECE

Based on evidence gathered during investigations in Greece, Turkey and Iraq between April and

September 2009, and corroborated by reports and fi ndings of international human rights

monitoring bodies and NGOs, we argue that the principle of non-refoulement is severely

threatened by the Greek practice of illegal deportations, and consequently by transfers of asylum

seekers to Greece under the Dublin II Regulation.

In this report we present specifi c instances of illegal deportations by the Greek authorities of

persons with pending asylum cases, as well as of other groups. Such deportations take place in

such an arbitrary manner that there is no basis for claiming that Dublin returnees enjoy a higher

degree of protection than others.Out the Back Door:

Report by the Norwegian Helsinki Committee (NHC), the Norwegian Organisation for Asylum Seekers (NOAS) and Aitima.

The report is available here.

Out the Back Door:  Dublin II Regulation and illegal deportations from Greece

Based on evidence gathered during investigations in Greece, Turkey and Iraq between April and September 2009, and corroborated by reports and fi ndings of international human rights monitoring bodies and NGOs, we argue that the principle of non-refoulement is severely threatened by the Greek practice of illegal deportations, and consequently by transfers of asylum seekers to Greece under the Dublin II Regulation.

In this report we present specifi c instances of illegal deportations by the Greek authorities of persons with pending asylum cases, as well as of other groups. Such deportations take place in such an arbitrary manner that there is no basis for claiming that Dublin returnees enjoy a higher degree of protection than others.

BBC journalist on Samos, immigrants in Greece and the UK

original article at http://www.bbc.co.uk/blogs/thereporters/gavinhewitt/2009/10/greeces_immigrants_in_limbo.html

Greece’s immigrants in limbo

by Gavin Hewitt

Thursday, 15 October 2009

at BBC

photo appeared on the original article

On a hill above the town of Samos in eastern Greece are a series of long buildings with grey walls and red roofs. They could be a barracks but this is a detention centre for immigrants. It was built to hold 300 people. Today, 473 are held there. Fifty-three are women and 10 are under the age of 18. They live behind barbed wire and wait. They stay for between one and three months, their frustration gnawing away at them. These are people who have made long, often dangerous journeys to reach the shores of Europe.

Within minutes of us starting to film through the wire a young man in a red football shirt detached himself from a group and shouted out to us. Clinging to the wire fence he said he was from Somalia but looked as if he had come from West Africa. He demands to know why he is being locked up. “Why?” he pleads with me. In a refugee centre in town someone has written on a wall: “They don’t let us come. They don’t let us stay. They don’t let us go.”

A few claim asylum but that is no longer a popular option. It can tie up a migrant for months. In Greece only 0.1% of asylum seekers are successful compared to 76% in Finland.

The common story is that after a month or so they are transferred to a detention centre elsewhere in Greece. They are eventually freed and told they must leave the country within a month. The vast majority head west to other European destinations.

The UK remains the favourite country. In London they can find their own community which will provide them with work often in the underground economy. It is an abiding belief that the British will eventually allow them to stay. There is another factor that drives them west: Money. Those from Afghanistan are often in the hands of powerful and dangerous traffickers. Some in the camp here in Samos say that it costs the equivalent of £16,000 to get from Afghanistan to Britain.

Often their families back home have sold houses to pay the people smugglers. Some will have to pay the networks from whatever they earn in London or other European cities. Without work they and their families are at risk from the traffickers. They owe a debt and will not be deterred by officials or laws. One lawyer looked at this camp and said there could be £4m of business right there.

The Greeks know that they are, in effect, just passing on the problem but, in their view, they are overwhelmed. They want the rest of Europe to start taking a share of those who arrive on Greek shores. That is unlikely to happen soon. It is difficult for any country to take a quota of immigrants determined by others. In any event some fear that a quota system would only encourage others to head to Europe.

Immigration is a major issue for the European Union. The current plan is called the Stockholm programme and the aim is to have it approved by the end of the year. The

intention is to beef up border patrols by giving more money to Frontex, the relatively new body that operates planes and ships.

Certainly here in Greece there is little evidence that Frontex patrols have a deterrent effect. The traffickers tell the migrants that if a Frontex boat appears to jump in the water and they’ll have to rescue you.

Measures are being considered to make it harder to grant mass amnesties for illegal migrants but that leaves open the question of what should be done with them. The EU is also working on what it calls a “Return Directive”. It is expected to become law by December 2010 and is supposed to make it easier to send home illegal immigrants but the law only applies once a decision has been taken to deport an immigrant.

The UK has opted out of this. If it is intended to deter migrants it is unlikely to be successful. Detainees will have the right to appeal against deportation, to see legal advisers, family members and get medical attention.

It is a directive that will provide a lot of work for lawyers. It is the view of the UK that it could make returning illegal immigrants more difficult because detainees will have more power to challenge deportation.

When economies were growing fast and there were gaps in the labour markets some countries were relatively relaxed about these arrivals but with 22 million people out of work across the EU the mood is changing. There were 238,000 asylum applications last year and just over a third were approved. As to the number of illegal immigrants no one knows. There may be a decline in those trying to get to Malta or Italy from Africa. This is partly because of an agreement with Libya to restrict the crossings. But the numbers have edged up in Greece and Southern Spain.

The reality is that in the midst of a severe recession the migrants have not been deterred. Many fear for their lives if they return home owning money. Currently there is no common European approach to this problem. There are moves and initiatives but, for the time being, Europe is like a trip wire. It makes live difficult for the migrants but it does not seriously put them off coming and neither does it help them settle.

Human Rights Watch on Greece: Unsafe and Unwelcoming Shores

http://www.hrw.org,

http://www.hrw.org/en/news/2009/10/09/greece-unsafe-and-unwelcoming-shores,

HUMAN RIGHTS WATCH

Greece: Unsafe and Unwelcoming Shores

October 12, 2009

Between August and September 2009, Human Rights Watch interviewed 16 migrants who had been arrested on Samos, Symi, and Chios Islands, and the port towns of Patras and Igoumenitsa. The Greek authorities transferred them to detention centers close to the land border with Turkey and held them in the border police stations of Soufli, Tichero, and Feres, as well as in the Venna and Fylakio-Kyprinou (Fylakio) detention facilities. Two detained migrants described to us how Greek police forcibly pushed them across the river into Turkey from where Turkish authorities sent them back to Afghanistan.

One of them is a 17-year-old unaccompanied Afghan boy who told us over the phone that he was arrested on Symi Island, transferred to Fylakio detention center, and expelled with 11 other persons to Turkey:

We were one group of 12 persons they took out [from the detention center]. They drove us in a car…. for maybe one and a half hours. We arrived in the forest around 9 p.m.; they kept us there until midnight…. They told us not to move, otherwise the Turkish police would find us. It was [next to] a small river…. This side was Greece, the other side was Turkey.

The boat was a metal boat, a long metal boat. Inside the boat there was one policeman; he started the engine and after we arrived to the other side he told us to get out quickly and the boat went straight back. When the [Turkish] police arrived two of us explained what happened. The Turkish police came back to that place with us and said we should sit and that more persons might be coming. But the Greek police didn’t send more people.

We were for 12 days in [Turkish] detention. They beat me too much….  When the Turkish police beat me they said I should call my family to send me money to return to Afghanistan. I asked them not to send me back to Afghanistan, because I had problems. I asked them to keep me. But they didn’t care.

Near our house are Taliban; they are close…. I’m scared all the time. I’m a tenth grade student but I can’t go to school.[1]

The other person pushed back told us he was arrested on Samos Island, transferred to Fylakio detention center, expelled in a group of 45 or 50 persons, arrested by Turkish police, and taken to a detention center in Edirne: “I stayed for one week in Edirne. There were a lot of persons who had been deported from Greece. There were Afghans, Pakistanis, and Sri Lankans.”[2] Human Rights Watch visited that detention center in 2008 and found conditions there to be inhuman and degrading.[3]

Another eight people said they witnessed Greek police taking migrants out of detention centers at nightfall in trucks or vans. Four of them told us that those taken from the detention centers later got in touch with detainees who stayed behind and told them that the Greek police had expelled them. One Afghan boy who was arrested on Symi Island described the scene he witnessed from his cell at Fylakio detention center:

Forty three persons were taken away from my group [of 91 persons]. One Iraqi had a friend among those [taken away]. He called Iraq from the detention center, and that friend said he had been deported. That Iraqi was part of our group. We were all in the same cell.

First [Greek police] asked them to sign something. … it was around the evening time, around 6 p.m. maybe. Then they searched them… the police took away everything they had: toothpaste, papers written in Greek, they took it from their pockets… After that they were taken into a truck without windows. It was completely closed, an army-colored truck. People entered from the back. I saw the truck with my own eyes and I saw how people entered.

Each time a new group [of detainees] arrived the truck came…. 67 persons arrived in one group and they took away 57 persons from that group….  Six or seven times new groups arrived…. For a small group the white van came, for a big group the truck came.[4]

Another person told us he had been arrested in Patras ahead of the authorities’ destruction of a large makeshift camp and then transferred with a group of 120 persons to Fylakio detention center. He told us that four of his friends had been deported from there: “They asked us, ‘Do you have relatives or friends?’ I said I had an uncle. Four friends of mine said they didn’t have family and they were deported. One of them called my friend and told him he was in Afghanistan…. They deported them after about two weeks. They were taken away in a small white car.”[5]

Greece’s Dysfunctional Asylum System

Greece effectively has no asylum system. It recognizes as few as 0.05 percent of asylum seekers as refugees at their first interview. A law adopted in July abolished ameaningful appeals procedure. The effect of the new law is that a person who is in need of international protection as a refugee in Greece is almost certain to be refused asylum at the first instance, and having been refused has little chance of obtaining it on appeal. The new law leaves asylum seekers with no remedy against risk of removal to inhuman or degrading treatment, as required by article 39 of the EU’s procedures directive and articles 13 and 3 of the European Convention on Human Rights. As a result of this legislative change, the United Nations High Commissioner for Refugees (UNHCR) withdrew from any formal role in Greece’s asylum procedure.

Many of those we interviewed said they did not want to apply for asylum in Greece because they had heard that Greece rejects everyone. Some believed mistakenly that they could apply for asylum in other European countries. Access to legal counsel or interpreters is virtually impossible in detention centers in the north and those in need of protection may be unable to access asylum procedures. An Afghan detainee held in Soufli border police station, for example, was informed about her rights in English, a language she does not understand.

Apart from sporadic visits by a lawyer from the Greek Council for Refugees operating under a government agreement, no lawyers or organizations offer pro-bono legal aid in Greece’s northern region. Athens-based lawyers who offer pro-bono legal aid told us they are not able to access and speak to detainees in the north unless they present to authorities the names of persons detained. Even when they have the names of detainees, police in the Evros border region might ask them to obtain an additional permit from central police authorities to see persons detained; or police may not respond to their query whether a certain detainee is still held there. Conversations between lawyers and detainees furthermore are rarely confidential and lawyers said that police interrupted their talks and asked them to finish their conversations with detainees.[6]

Even those with access to legal aid and wanting to apply for asylum are not necessarily able to access the minimal procedures that do exist. According to the Greek Council for Refugees, on July 30, Greek police handed over 40 Turkish citizens, among them 18 asylum seekers, including four unaccompanied children, to their Turkish counterparts under a bilateral readmission agreement. Police on Crete, where the group initially arrived, refused to receive their asylum applications despite interventions by local lawyers. The asylum seekers were deported even though the Greek Council for Refugees intervened with the responsible Ministry.[7] In addition, on July 17, Human Rights Watch saw more than 1,000 asylum seekers lined up all night at Athens’ main police station trying to file asylum claims, largely in vain.

Greece is bound by the international legal principle of non-refoulement not to expel or return a person to a place where he or she would face persecution, torture, or inhuman or degrading treatment. This obligation applies not only to direct returns into the hands of persecutors or torturers, but also to indirect returns to countries from which persons are subsequently sent to a state where they face such threats. The circumstances of what constitutes inhuman or degrading treatment for an unaccompanied child may differ significantly from that of adults and Greece is obliged to take “measures and precautions” against such treatment when returning a child.[8]

Inhuman and Degrading Detention Conditions

Greece is also bound under European and international law to protect migrants from inhuman and degrading treatment while in Greece.  Persons held in detention centers in the north described to us conditions that would violate these obligations. Furthermore, unaccompanied children were detained jointly with adults across detention centers in the north, itself a violation of binding international standards.

People detained at the Soufli border police station, for example, told us that two detainees have to share one dirty mattress and that they are never allowed to go outside. One detainee, a 16-year-old girl in the company of her husband, told us that she felt constantly intimidated in a cell with more than 20 adult men.[9] People detained at Tichero border police station told us they slept on dirty mattresses or on the floor without blankets, and that the bathroom was filthy, with an unbearable smell.[10] Those held in the Venna detention facility said the place was infested with cockroaches and mice, and they complained about a lack of enough warm clothing. Those detained included a disabled man who had lost one arm and could not fully use his other arm but was subjected to the same regime. With the exception of Fylakio detention center, the conditions were compounded by a lack of access to medical care. Except for those held at Venna, those interviewed said they received only two meals per day, which they said was insufficient.

Detainees held at Fylakio detention facility spoke of comparatively better, albeit overcrowded, detention conditions. All persons who had been held there, however, said they experienced or witnessed violence and ill-treatment by guards. Two described an incident in which guards allegedly beat up an Arabic-speaking detainee after he tried to escape.

I saw an Arab who tried to escape. Police caught him and beat him up badly. They took him to the telephone room and covered the window with black plastic. Afterward I went to make a phone call and saw that guy with blood on his head and in handcuffs.[11]

Police also allegedly used violence when intervening in fights among detainees or to punish those who did not stay quiet at night:

I saw once with my own eyes that three policemen beat one person. They beat him in the corridor because he quarreled [with others]. They beat him for a short time with batons, with their hands, and they also kicked him.[12]

We received additional allegations of police violence from persons detained at Tichero and Feres border police stations, and from a person held at an unknown location near Komotini.[13]

Several persons interviewed said it was forbidden to make phone calls from Soufli and Tichero border police stations. One detainee at Soufli told us: “One detainee said if you have a lawyer you might get released but we don’t have a telephone so how can we contact our family to get us a lawyer?”[14] Another person said that although detainees held at Fylakio detention centers were permitted to make phone calls on Mondays and Thursdays, no calls were allowed during the first ten days.[15]

Asked whether they tried to file a complaint, one detainee told us: “I never complained to anybody. We didn’t complain. It wouldn’t have helped if we’d said anything. The captain would have told us to stay quiet.”[16] Although the police chief in charge of the Fylakio detention facility assured us he would investigate any allegation of ill-treatment brought forward by detainees, he added that he has never received any complaints.[17]

The EU’s Failure to Hold Greece Accountable

Human Rights Watch has repeatedly called on the European Union to hold Greece accountable for its violation of European asylum standards, including while recent arrests and transfers were still ongoing. Yet, despite having a mandate and a duty to enforce member states’ implementation of EU legislation, the European Commission  has not spoken out against Greece’s effective abolition of the right to seek asylum or to appeal rejected asylum claims, or its abusive detention and expulsions of migrants, including children. In fact, Jacques Barrot, vice-president of the European Commission responsible for justice, freedom, and security, was on an official visit to Greece when the new presidential decree was published that effectively eliminated the appeals procedure in violation of binding EU standards.

The European Commission’s failure to call publicly for Greece to remedy these serious violations of EU standards and European and international human rights and refugee law sends a worrying signal that abuses may go unchecked. It is vitally important for the Commission to take the opportunity of a new administration in Athens to press in the strongest terms for immediate and fundamental reform of Greece’s asylum system, meaningful access to protection, and an end to abuse.

The Commission should without delay issue a reasoned opinion on Greece’s current breaches of EU standards on asylum and migration, identifying the steps needed to bring Greece back into conformity with EU and human rights law. It should also make clear to Athens that unless the new government takes those steps, the Commission will refer its failure to uphold EU standards to the European Court of Justice.

In two reports published in 2008, Human Rights Watch further called on European governments to stop sending migrants and asylum seekers, including unaccompanied children, back to Greece under the Dublin II regulations. We concluded that Greece violated both EU standards and international human rights law by holding migrants in unacceptable detention conditions, by preventing persons in need of protection from seeking asylum, and by failing to protect unaccompanied migrant children.

Under the European Union’s Dublin II regulations, the country where a person first entered the EU is generally held responsible for examining that person’s asylum claim, whether or not the person applied there. While the Dublin II regulations are premised on the notion that all EU member states have comparable asylum and migration practices, there are wide disparities, with some countries like Greece effectively offering no protection at all. This disparity underscores the importance of reforming the Dublin system while at the same time ensuring that EU member states are held to account for their failure to respect their obligations under EU law.  Only then can the EU take meaningful steps toward creating a common European asylum system.

New Greek Government Should Take Urgent Action to Stop Abuses

Human Rights Watch calls on the new government in Greece to take urgent steps to end abuses against refugees and migrants, including children. We reiterate the recommendations we made to the-then Minister of Interior in August:

Issue a public statement committing the government to treating migrants apprehended in Greek territory in a humane and dignified manner. Guarantee all migrants unhindered access to the asylum procedure and protection from refoulement.

Immediately ensure that the practice of illegal expulsion across the Evros River be stopped; carry out an investigation leading to identification and levying of appropriate sanctions of officials involved in such illegal acts.

Rescind Presidential Decree 81/2009, create a functioning asylum system in which trained staff assess asylum claims on the basis of confidential and private interviews, and allow for a fair and independent review of appeals.

Refrain from detaining unaccompanied migrant children and from summarily deporting them without prior assessment of the risks they face upon return. Create sufficient number of care places for all unaccompanied migrant children in Greece. Consider the granting of temporary residence for unaccompanied children on humanitarian grounds, as provided for in article 44(c) of Law 3386/2005, to protect them from repeated arrest and detention until a durable solution in their best interests is found.

Close substandard detention centers and open new facilities ensuring adequate space, cleanliness, recreation, access to health care, and legal and family visitation necessary for humane conditions of detention. Migrants should only be detained as a last resort, when actual proceedings for their deportation are ongoing, and when it is the only method necessary to secure persons’ lawful deportation, and when the necessity of detaining them is subject to regular review, including by the judiciary. Asylum seekers should not be detained.

Ensure full access for the UN High Commissioner for Refugees, Human Rights Watch, and other reputable organizations to all migration detention facilities, Coast Guard vessels and facilities, and to entry and border points and the border region.

[1] Human Rights Watch telephone interview (S-15-09), September 28, 2009. (name withheld)

[2] Human Rights Watch telephone interview (S-16-09), September 29, 2009. (name withheld)

[3] Human Rights Watch, Greece/Turkey: Stuck in a Revolving Door: Iraqis and Other Asylum Seekers and Migrants at the Greece/Turkey Entrance to the European Union, November 2008, ISBN 1-56432-411-7, http://www.hrw.org/en/reports/2008/11/26/stuck-revolving-door-0, p.6.

[4] Human Rights Watch interview (S-3-09), September 8, 2009. (name and place withheld)

[5] Human Rights Watch interview (S-5-09), September 8, 2009. (name and place withheld)

[6] Human Rights Watch interview with Marianna Tzeferakou and Danai Angeli, Athens, September 6, 2009.

[7] Email correspondence from Greek Council of Refugees to Human Rights Watch, August 21, 2008.

[8] Mubilanzila Mayeka and Kaniki Mitunga v. Belgium, (Application no. 13178/03), October 12, 2006, available at http://www.echr.coe.int/, para. 69.

[9] Human Rights Watch interview (S-11-09 and S-12-09), September 10, 2009 (names and place withheld). Human Rights Watch interview with (S-13-09), September 11, 2009 (name and place withheld). The European Court of Human Rights held in a recent judgment that detention conditions at Soufli border police station amounted to inhuman and degrading treatment. S.D. v. Greece, (Application no. 53541/07), June 11, 2009, available at http://www.echr.coe.int/, paras. 53-54.

[10] Human Rights Watch interview (S-2-09), September 7, 2009 (name and place withheld). Human Rights Watch interview (S-6-09), September 9, 2009. Human Rights Watch telephone interview (S-14-09), September 28, 2009 (name and place withheld).

[11] Human Rights Watch telephone interview (S-1-2009), August 20, 2009. Another detainee referred to the same incident (S-4-09).

[12] Human Rights Watch interview (S-3-09), September 8, 2009 (name and place withheld).

[13] Human Rights Watch interviews (S-2-09) September 7, 2009 (name and place withheld). Human Rights Watch interviews (S-6-09, S-7-09, S-8-09), September 9, 2009 (names and place withheld). Human Rights Watch interviews (S-11-09, S-12-09), September 10, 2009 (names and place withheld).

[14] Human Rights Watch interview (S-13-09), September 11, 2009 (name and place withheld).

[15] Human Rights Watch interview (S-3-09), September 8, 2009 (name and place withheld).

[16] Human Rights Watch interview (S-5-09), September 8, 2009 (name and place withheld).

[17] Human Rights Watch interview with Giorgos Salamagas, chief of police Orestiada, Fylakio detention center, September 10, 2009.

© Copyright 2008, Human Rights Watch

Toddler behind bars

• source: ATHENS NEWS 05/10/2009, page: 17,
• brought to attention by deviousdiva blog
  

by Kathy Tzilivakis

Issue No. 13358

Three-year-old Rozita and her mother, Zahra, have spent nearly a year in prison

ROZITA has spent one-third of her life in prison. She’s three years old.

Her parents, undocumented migrants from Afghanistan, were arrested in Greece and sentenced for forgery and immigration violations. They had illegally entered the country last year and were caught trying to leave on forged passports.

A court in Kilkis, a town in central Macedonia, sentenced the couple to six months in prison and fined them 3,000 euros. The sentence was indefinitely suspended on the grounds they would be deported.

This was in December 2008. They are still awaiting deportation.

They are still behind bars. To be deported, they need passports, which they do not have. This is why Rozita and her mother, Zahra, remain locked up.

Rozita is with her mother in a women’s prison in Thiva, about 50km outside Athens. The father is being held in a separate facility. Over the past 10 months, mother and daughter have been shuttled around the country: from a jail in Kilkis to a detention facility in Thessaloniki and the Korydalos prison in Athens.

Unlawful

According to Electra Koutra, an Athens lawyer and founder of the non-governmental organisation Hellenic Action for Human Rights, the family was unlawfully denied a lawyer and interpreter when they first appeared before the Kilkis court.

A second judicial blow came last week when a court in Thiva rejected a petition to release Rozita and her mother on the grounds they are seeking asylum in Greece and do not pose a threat to public order. The court rejected their petition and ruled they must remain in prison until deported.

“Not only is it inhuman to keep a child locked up, but it’s also a gross violation of human rights,” Koutra tells the Athens News. “The little girl came down with scabies and is always getting sick. She had to be taken to hospital twice.”

If mother and daughter are not immediately released, Koutra warns the case will be taken to the European Court of Human Rights.

According to Asan Sukuri, president of the local Afghan association Noor, Zahra’s life is in danger if she is returned to Afghanistan because she belongs to the Hazara ethnic minority group. He also said she is from a region that is under Taliban control.

Sukuri says he told the Thiva court that if the mother and daughter were released they would be hosted by relatives legally residing in Greece and that his association would help them find employment while their application for asylum is being processed. The court denied his proposal.

“Zahra cries all the time when we speak on the telephone,” Sukuri told the Athens News on September 29. “She cries and tells me that she cannot stand the situation any more. She has been in prison for almost a year. Something needs to be done.”

Asylum in Greece

Greece has one of the lowest refugee recognition rates in the European Union. Last year, Greece granted refugee status to 379 people out of nearly 20,000 applications reviewed.

By law, authorities must process all claims for asylum immediately. Asylum seekers should be fingerprinted and issued a so-called pink card (rose karta).

Holders of this card are entitled to free medical treatment and the right to employment. Authorities, by law, have three months to examine the asylum claim and render a decision. This is seldom the case.

New legislation passed in July has severely undermined the appeals procedure, according to local and international human rights groups like Amnesty International and the United Nations refugee agency (UNHCR).

The new rules force rejected asylum seekers to take their case to the Council of State, Greece’s highest administrative court. This requires them to hire a lawyer – something which few can afford.

Greece has faced a barrage of Europe-wide criticism since November 2007 when the German non-governmental organisation Pro Asyl published a shocking report accusing the Greek coastguard of “systematically abusing newly-arrived refugees”.

The Council of Europe Commission against Racism and Intolerance new report on Greece

source: http://www.aedh.eu/September-15th-2009-The-Council-of.html

September, 15th 2009 – The Council of Europe Commission against Racism and Intolerance released a new report on Greece

The Council of Europe’s European Commission against Racism and Intolerance (ECRI) released a  new report examining racism, xenophobia, antisemitism and intolerance in Greece . The new report is part of the fourth monitoring round of the Council of Europe member states’ laws, policies and practices aimed at combating racism.

Download the reports on  Greece.