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

Both the Pagani 17-year-old refugee abuse case AND Mohammad Kamran’s death case considered “cold cases”.

This a translation of this Nov 11, Avgi article, about this recent case of immigrant abuse in Pagani and the legal developments on Kamran Atif’s death .  Thanks to Efi for her work.

stapsa for clandestinenglish

The assault on the 17-year- old refugee is a “cold case”.

The assault on the 17-year-old refugee Mr. Mohamed Hussein Khantar by police guards in the Pagani refugee camp last October is considered a “cold case”. The same applies for the case of the death of the Pakistani immigrant Mohamed Kamran- who had been allegedly tortured in the police department of Nikea in Athens

According to newspaper Avgi’s sources, during the preliminary investigations conducted with regards to the assault case, Mytilene’s state attorney could not find sufficient evidence leading to possible prosecutions of police guards in the Pagani refugee camp. Thus, the case is considered cold, and all preliminary investigations regarding police officials are going to be archived.

The manner in which the case is concluded, confirms the fears of various bodies and organizations that an abuse case would be covered- up by the police forces. It is claimed that witnesses in the Pagani camp were offered “pink cards” in return for their silence, and were sent to Athens, where it is impossible to be traced.

Moreover, questions arise with regards to the contradictory conclusions after Mr. Khantar’s examination. According to his attending physician’s statement, injuries and traumatic lesions were found on his head, back area and hands; however, the medical examiner concluded that his injuries were older than the day of the alleged police assault.

The police assault has allegedly taken place in the afternoon of October 22nd, in the Pagani refugee camp, just a few hours after Mr. Spyros Vougias, who is the undersecretary of the Ministry of Citizen Protection, visited the camp. After the event was made public, the Ministry of Citizen Protection ordered a preliminary investigation of the case, which was conducted by Mytilene’s state attorney.

The United Nations High Commissioner for Refugees has made an announcement, pleading for an in-depth investigation of the case and a subsequent prosecution of the people involved. The Greek political party SYRIZA is planning to bring the topic in parliamentary discussion.

Kamran’s case

With regards to Mohamed Kamran’s case, leaked information from the Ministry of Citizen Protection reveal that toxicology tests show Kamran intoxicated; according to the same leak, the post mortem toxicology investigation found Kamran using alcohol and other substances before his death.

However, Mr. Fragiskos Ragoussis, Kamran family’s attorney stated that there are no official toxicology test results yet, and that in any case his clients are going to ask for a test re-run, since according to the Greek law the family has the right to appoint an external medical examiner during the autopsy.

Event in Athens on Refugee Camps & Petrou Ralli Foreigners Police Station

 

event's poster

BORDERS ARE WITHIN OUR NEIGHBORHOODS

EVENT – DISCUSSION AND VIDEO PROJECTION ON REFUGEE CONCENTRATION CAMPS AND THE PETROU RALLI POLICE STATION TORTURE CHAMBER

T.E.I. OF ATHENS, INFORMATICS HALL, THURSDAY 12 NOV. 19.00

by the Aegaleo Anarchists Inititative

http://anarxikoiaigaleo.squat.gr/

 

Testimony from Pagani (and Athens after it)

source: lesvos09.antira.info

“We really didn’t feel like refugees!”

Athens, 25th of October 2009 | Reflections on Lesvos two months after Noborder:

Hello, my name is Milad. I am 17 years old. I was for 23 days imprisoned in Pagani in Mitilini and first I want to define how was the situation inside this prison and how was the behaviour of police and doctors with us.

Some guys were sick for weeks, they were calling for a doctor, but nobody was ready to listen to our voices. There was no treatment for sick persons and the drinking water had a bad smell. If we asked for a doctor, for clean water or anything, mostly nobody was even listening.

They also did not have a good behaviour to the families with the small kids. One day I saw the kids had their ten minutes time to go out. They were playing football and one policeman was beating a small kid, he was about 8 years old, his mother was crying.

Minister of Citizen Protection, gladly surprised by lack of abuse, threatens…

source, adapted from: http://www.enet.gr/?i=news.el.article&id=100563

Improved Detention Conditions promises Minister of Citizen Protection

Deputy Minister of Citizen Protection Spyros Vougias went to see for himself the places of detention for foreigners. The aim of the ministry according to Mr. Vougias is to relieve the overcrowded detention facilities of the Immigration Police Service.

[clandestinenglish note: these facilities ]

Vougias welcomed  the eclipse of violence and abuse at the detention centers, but appeared concerned about the large number, larger than the permitted, of the illegal immigrants concentrated in them.

At the same time, he noted that the detention center in Pagani of Lesvos will reopen when prison conditions improve and in cooperation with the Ministry of Defense, in Mytilene, a new site immigrants, who was destined for housing officers, will be used.

He also said that patrols on land and sea will be strengthened so that traffickers be identified and severely punished.  Mr. Vougias said that he has  informed the EU on the problems of migrant smuggling, and that there should be negotiation with Turkey, so that the centers are in the neighboring country and not in Greece.

Hunger strike in Pagani

Published on 8. November 2009 at lesvos antira 09

We will not eat in a place like here!!

The 30 people in Pagani are angry. Most of them are families with a lot of kids. The people refused the food because of the horrible ambiance. One woman is disgusted about the circumstances inside the “open centre” of Pagani.

Our close are all wet, we have nothing dry to wear. The sheets and beds are used, dirty and hideous. They will not give us fresh sheet our dry clothes. It is ridiculous, they bring us to the hospital to check f we are ll or something but they let us sleep in sheet full of virus and with wet clothes!?

Close down Pagani and every detention centre, now and all about!!!

After Pagani (…?). 20 acres of military estate to be turned into refugee settlement.

This is a translation of this enet article.  Many thanks to Efi for the translation.

Stapsa for clandestinenglish

20 acres of military estate to be turned into refugee settlement

There are a lot of legends connected to the Hill of Karatepe in the island of Mytilene, Lesbos. During the Roman era, Dafnis and Chloe’s love story is said to have taken place on this hill. When Greece was part of the Ottoman Empire,  the Mytilene branch of the “Filikoi”, the secret organisation said to have prepared the 1821 Revolution,  had hid on it. In World War II, the German forces attacked it, and during the Greek civil war it was a place of torture. Currently both the hill and the area surrounding it belong to the Greek military forces.

20 acres of this estate are going to be turned into an “exemplary refugee camp”, as the Minister of  National Defence, Mr. Evangelos Venizelos stated in a recent press conference in Athens. This ambitious plan is a cooperation between the Ministries of Citizen Protection and National Defence, and the Hellenic Army National Staff.

A year ago, the head of Lesbos prefecture, Mr. Pavlos Vogiatzis, had requested for the land to be granted to the prefecture. However, the Ministry of National Defense initially rejected his request, although the Ministry of interior had announced that they were looking for an estate that would host a new refugee camp, since the living conditions in the already overpopulated “Pagani” camp in Lesbos were deteriorating.

The 20-acre-estate is located close to the local fire brigade; in 1974 the Mytilene Charity Insitutions had sold the land to the National Defense Fund for the symbolic price of 50,000 drachmas in order to cover military housing needs or defense plans.

UNHCR delegation visits Pagani, Lesvos, urges closure

source: http://www.unhcr.org/print/4ae1af146.html

PAGANI DETENTION CENTRE, Greece, October 23 (UNHCR) – A UNHCR delegation has called for a crowded migrant detention centre on the Greek island of Lesvos to be closed after visiting the facility with a senior government official.

More than 700 men, women and children are packed into the Pagani centre, which lacks space and adequate hygiene and sanitation facilities to cope with such a large number of people, many of whom might be asylum-seekers and thus of concern to the UN refugee agency.

“Freedom, freedom, freedom,” the detainees chanted, as Deputy Citizens’ Protection Minister Spyros Vougias and the UNHCR delegation, led by Giorgos Tsarbopoulos, visited the facility on Thursday.

Both men condemned the poor conditions, which included about 200 women and children living in one ward with just two toilets and one shower. They saw damp mattresses soiled by water leaking from the toilets.

Deputy Minister Vougias, visiting Pagani during his first week in office, apologized to the detainees, who are mainly from Afghanistan and Somalia. “What I have seen today is a human tragedy, with conditions in which no human being should be kept,” he said.

“There is an urgent need to release vulnerable groups,” the minister stressed, while pledging that the government would improve the processing of new arrivals and work to ensure better living conditions.

Tsarbopoulos, head of the UNHCR office in Greece, said Pagani “should be shut down,” adding that the situation there reflected the impasse of policies applied at entry points, which led to people being detained.

He said UNHCR recommended that appropriate reception facilities, with screening mechanisms and expert staff, should be established at entry points, including islands like Lesvos which faces Turkey. These would help identify people in need of international protection and afford them special care.

“In parallel, drastic changes to the asylum system should be immediately introduced and the relevant responsibilities should be removed from the police and transferred to a political body,” Tsarbopoulos said, adding that he hoped the government’s commitment to improvement would result in concrete action.

Some 5,500 irregular migrants and asylum-seekers were detained in Lesvos during the first eight months of this year after crossing from Turkey, compared to more than 13,000 in 2008 and 6,100 in 2007. Most originated from conflict-torn countries such as Afghanistan, Iraq and Somalia.

By Ketty Kehayioylou in Pagani Detention Centre, Greece

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.

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