NOTICE

The GROUP OF LAWYERS FOR THE RIGHTS OF MIGRANTS AND REFUGEES advises you that legal counselling WILL NOT be provided anymore after 18th December 2018. You are therefore kindly requested to contact other organisations providing legal assistance.

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Le GROUPE DES AVOCATS POUR LES DROITS DES MIGRANTS ET DES RÉFUGIÉS souhaite vous informer que des conseils juridiques NE seront PLUS fournis après le 18 Décembre 2018. Vous êtes donc priés de contacter d'autres organisations fournissant une assistance juridique.

Jura novit curiae?

A critical review of the judgments 2347/2017 and 2348/2017 by the plenary of the Council of State

With its judgments 2347/2017 and 2348/2017, the Greek Council of State ruled against the annulment applications brought by two Syrian refugees, whose asylum application had been rejected by the Independent Appeals Committees as inadmissible - namely without an examination as to whether they qualify for refugee status according to the 1951 Geneva Convention – because Turkey was designated a “safe third country”, where they can receive appropriate protection pursuant to Article 38 of the 2013/32/EU Directive . It should be noted that, although the provision in question exists in the European law since 2005 (previous Directive 2005/85/EC) and was transposed into Greek law as early as 2008, the Greek administration applied the concept “third safe country” for the first time in March 2016 following the implementation by the Greek government, of the EU-Turkey Statement. The applicants had requested that a reference for a preliminary ruling is submitted before the Court of Justice of the European Union (CJEU) by the national Court, so that the applicable provision is interpreted vis-à-vis the legal and actual situation in Turkey, especially after the state of emergency was declared and the subsequent deviation from fundamental rights, but also with regard to the systematic illegal practices applied by the Turkish government. However, the Council of State with a limited majority of 13 to 12 judges, decided not to refer the case to the CJEU, thus violating not only Article 6 of the ECHR on the right to a fair trial, but also the obligations of the Greek authorities under international and European refugee law. It is striking that the majority imposed its opinion, that the European provisions are clear, without providing any justification, despite the fact that the mere existence of a minority of 12 judges clearly highlighted that the interpretation of the aforementioned provisions was by no means obvious beyond any reasonable doubt, as required by the CJEU.

COMUNICATO STAMPA - Solidarietà al giornalista italiano Gabriele Del Grande

Solidarietà al giornalista italiano Gabriele Del Grande 

Il 9 aprile 2017 le autorità turche hanno arrestato illegalmente e senza alcun motivo il giornalista italiano Gabriele Del Grande nella città turca di Hatay, dove stava svolgendo un’inchiesta per il suo nuovo libro “Un partigiano mi disse”. È evidente che l’attività giornalistica del 35enne Gabriele Del Grande, che nel suo ultimo lavoro racconta il conflitto siriano attraverso le testimonianze dei profughi e descrive la nascita dell’ISIS, infastidisce le autorità turche. Gabriele Del Grande è sottoposto a continui interrogatori delle autorità turche, che cercano di constringerlo a rivelare informazioni (e ovviamente anche persone e nomi) che riguardano la sua attività professionale, senza però attribuirgli alcun reato e senza avergli permesso di comunicare con un avvocato.

Decision 445/2017 of the COUNCIL OF STATE

Decision 445/2017 THE COUNCIL OF STATE 

4th Chamber

Having deliberated in public on its hearing of 29 November 2016, composed of: Demosthenes P. Petroulias, Deputy President, President of the 4th Chamber, D. Cyrillopoulos, Κ. Pispirighos, El. Mazos, Ο. Papadopoulou, Judges, Δ. Skoura, D. Mavropodi, Associate Judges. Secretary Η. Papacharalampous.
To judge the annulment application dated of 14th September 2016: Of .............., under administrative detention for purposes of readmission in the Police Station of Mitilene,
who was represented by Panagiota Masouridou, attorney-at-law [...], whom he appointed upon authorization,
Against Ministers: 1) of Interior and Administrative Reconstruction, already of Migration Policy, who was represented by Pantelis Papadakis, Adviser at the State Legal Council, 2) of Justice, Transparency and Human Rights, who was represented by Aggeliki Anastopoulou, Adviser at the State Legal Council and 3) of Finance, who was represented by Pantelis Papadakis, Adviser at the State Legal Council.

See the whole decision here

See the summary of the decision here.

Amnesty International: Human rights cost of EU refugee deal with Turkey too high to be replicated elsewhere

AMNESTY INTERNATIONAL: 

The EU-Turkey refugee deal has left thousands of refugees and migrants in squalid and dangerous living conditions, and must not be replicated with other countries, Amnesty International said today ahead of the deal’s one year anniversary.

The deal aimed at returning asylum-seekers back to Turkey on the premise that Turkey is safe for them, has left thousands exposed to squalid and unsafe conditions on Greek islands. In the new briefing “A Blueprint for Despair” Amnesty International also documented unlawful returns of asylum-seekers to Turkey in a flagrant breach of their rights under international law. 

Greece condemned for Ineffective investigation into a racist assault on an Afghan national and his conditions of detention in an Athens police station

In the case of Sakir v. Greece (application no. 48475/09) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 3 (prohibition of inhuman or degrading treatment) and a violation of Article 13 (right to an effective remedy) of the European Convention on Human Rights with regard to Mr Sakir’s conditions of detention in in the Aghios Panteleïmon police station in Athens, a violation of Article 3 of the Convention with regard to the conduct of the investigation carried out following the assault.

ANNOUNCEMENT: The Group of Lawyers is moving!

The Group of Lawyers for the Rights of Migrants and Refugees has moved to new premises.

Free legal counseling will be provided from 29 March 2016 every Tuesday from 6 pm to 8pm at Lontou 6 & Mesologiou Str., Exarheia, 2nd floor.

Thank you. 

Denouncement – refugee transferred by the Greek Police to the consulate of her country of origin in breach of Geneva Convention

O.A., citizen of Turkey, applied on 16.04.2015 for asylum due to the persecution she has faced and is in danger of facing by the Turkish authorities for reasons of her political beliefs.

Since then she is being held at the detention facilities in Elliniko and the Greek authorities, instead of proceeding with the examination of her asylum application, releasing her and informing her about the applicable procedure, transferred her today surprisingly to the Turkish consulate in order to deport her.

We denounce the transfer of the above asylum applicant to the consulate of her country of origin as an act that constitutes blatant violation of the 1951 Geneva Convention Relating to the Status of Refugees.

These actions encroach gravely on the rights of refugees, breach the principle of non-refoulement and expose their lives to danger.

Some legal comments to the debate about the administrative detention of migrants in Greece

(Text in Italian follows)

The persistent practice among consecutive Greek governments to subject migrants and asylum-seekers, who enter or live in the Greek territory to systematic, indiscriminate and prolonged detention consistutes a flagrant violation of international, european and national law: administrative detention can only be used as an exceptional and last resort measure and only for the shortest time possible. Unfortunately, the Greek governments have thus treated it as the rule, rather than the exception. Over the past years, administrative detention has been Greece's main policy tool to deal with its migration and asylum issues.

This unsuccessful policy has caused the Greek authorities to infringe fundamental and inviolable detainee rights, to deny the right to international protection and to fulfill many other related international obligation; detainees are treated in an inhuman and degrading manner and are deprived of their liberty for prolonged periods of time without a fair trial. In 2015 alone, three migrants already lost their lives due to the deplorable conditions inside the detention centers and the sub-standard treatment they were subjected to. Others have been detained for around two years without ever having been convicted of a criminal offence.

Screening of the documentary ‘Captain Thomas Sankara’, Wednesday 10 December

The Group of Lawyers for the rights of Migrants and Refugees 

invites you to the screening 

of the award-winning documentary film ‘Captain Thomas Sankara’ 

made by Swiss filmmaker Christophe Cupelin.

The screening will take place 

on Wednesday 10/12/2014 at 8:30pm. 

at“ Ktirio 11” is 11 ,Rethymnou and Ioulianou str.

(opposite ‘Radisson Blu Park Hotel’ in Athens)

The documentary will be shown in French language with English subtitles.

Case of torture by Coast Guards off Chios in 2007: Appeal Court on 6-11-2014 ‏

Οn 6 November 2014 the Supreme Military Court of Athens (Petrou Ralli str. 1, at 9:00 am) is going to examine the appeal by the two coast guards found guilty at first instance for having committed acts of torture against an asylum seeker, including restricting the victim’s breathing so as to simulate drowning and suffocation (‘wet and dry submarine’), carrying out mock execution, as well as other serious attacks on human dignity, immediately after the victim’s entry into Greece and during his transfer with other asylum-seekers to the Port of Chios. The above-mentioned incident was first documented in the report entitled “The truth may be bitter but it must be told – The Situation of Refugees in the Aegean and the Practices of the Greek Coast Guard” by the Group of Lawyers for the Rights of Refugees and Migrants and the NGO Pro-Asyl, which was published in 2007 and had attracted extensive publicity.

Council of Europe anti-torture Committee publishes report on Greece

Strasbourg, 16.10.2014 – The Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has published today the report on its eleventh visit to Greece, which took place in April 2013, together with the response of the Greek authorities.

The visit took place two years after the CPT had issued a public statement in which it had expressed serious concerns regarding the lack of effective action to tackle systemic deficiencies concerning the conditions of detention of irregular migrants and the situation in the prisons. Regrettably, the findings of the 2013 visit demonstrate clearly that the situation has not improved. Further, the problem of ill-treatment by the police appears to be growing and there is little evidence that allegations of ill-treatment are investigated promptly and thoroughly, leading to some police officers believing they can act with impunity.

Change of date for the provision of legal counseling by the Group of Lawyers

ANNOUNCEMENT 

The Group of Lawyers for the Rights of Migrants and Refugees 

will provide from now on

free legal counseling to migrants and refugees 

EVERY WEDNESDAY FROM 6 p.m to 8 p.m 

at Ktirio 11, Rethymnou 11 and Ioulianou Street.

Email: omadadikigorwn@lists.riseup.net

More information: http://omadadikigorwn.blogspot.gr/

Briefing on Farmakonisi Boat Wreck

GREEK COUNCIL FOR REFUGEES
HELLENIC LEAGUE OF HUMAN RIGHTS
NETWORK OF SOCIAL SUPPORT TO REFUGEES AND MIGRANTS
GROUP OF LAWYERS FOR THE RIGHTS OF MIGRANTS AND REFUGEES

BACKGROUND BRIEFING ON THE INVESTIGATION INTO THE FARMAKONISI BOAT WRECK OF 20.1.2014

Athens, 31 July 2014

Background

During the early hours of 20.1.2014, off the coast of Farmakonisi island, within Greek waters and close to the border line, a small boat capsized, which carried 27 refugees from Afghanistan and Syria, including 4 women and 9 children. The boat capsized and sank, while it was towed by a vessel of the Greek Coast Guard. The sinking resulted in the death of 11 persons (3 women and 8 children). The corpses of one woman and two children were found at sea and the rest of them in the cabin of the vessel, when it was lifted one month after its sinking.

During their immediate contact with the representatives of the UNHCR, which took place the following day on the island of Leros, the 16 refugees who survived reported that their boat had approached the Greek coastline when it came across the Coast Guard and that the towing of the boat by the coast guard was conducted towards Turkey, in two stages at high speeds and resulting in water entering the boat. They also reported that the rope which kept the boat connected with the Coast Guard vessel was cut by the Coast Guard officers, which resulted in the boat being capsized and in the death of 11 women and children and that the necessary rescue actions were not taken. They also complained about further acts of mistreatment against them after they reached the island of Farmakonisi.

The Coast Guard officers, on the contrary, have denied the complaints.

The Prosecutor of the Marine Court has ordered a preliminary investigation on this case, which has been extensively covered by the Press attracting international interest and has been dealt with by the Greek and the European Parliament. Our organisations have closely followed the case, supporting the victims in exercizing their rights.

Archiving of the penal file
After a preliminary investigation led by the Prosecutor of Piraeus' Marine Court, the case was considered to be “manifestly ill-founded in substance” with regard to Articles 306 (exposure to risk), Article 277 (causing a shipwreck), Article 278 (causing a shipwreck by negligence) and Article 308 (bodily harm) of the Penal Code and the file was archived.

This meant that the investigation into the responsibility of the Greek coast guard for causing the boat to sink as well as for inflicting ill-treatment against the victims - as they had been accused of by the survivors - was stopped.

The decision to end the investigation was approved by the Prosecutor of the Military Court of Review, who has under the law the power to order a criminal prosecution.

The decision of Piraeus' Marine Court to close and archive the case and turn a blind eye to the accusations raised by the victims as well as their detailed testimonies concerning the facts of the case, undermines the right to judicial protection and overrides fundamental rights and guarantees that aim at protecting the victim in penal procedures.

Invitation to Press Conference on Farmakonisi shipwreck- Thursday 31 July at 12:00 hrs

Dear all,

the Greek Council for Refugee, the Hellenic League for Human Rights, the Network of Social Support to Refugees and Migrants  - DIKTYO and the Group of Lawyers for the Rights of Migrants and Refugees cordially invite you to attend their Press Conference on Thursday, 31 July 2014, at 12:00pm, in the Venue Room of the Athens Bar Association at Akadimias Str. No 60.

The Press Conference concerns the unprecedented decision of the Prosecutor of Piraeus' Marine Court to archive the case and essentially close the judicial investigation into the responsibility of the Coast Guard staff for the tragic boat wreck near Farmakonisi island on 20 January 2014, during which 8 children and 3 women – all refugees from Afghanistan – drowned after being intercepted by the Greek Coast Guard.

The decision of Piraeus' Marine Court Prosecutor has been approved by the Prosecutor of the Military Court of Review.

Global Detention Project: Greek detention profile

 Introduction

Greece has been ground zero in Europe’s efforts to halt irregular migration for several years. At the same time, the country’s economic crisis has exasperated social divisions leading to increasing violence and hostility directed at foreigners.

With massive financial and operational assistance provided by the European Union, Greece has confronted migratory pressures by emphasizing interdiction, detention, and removal. A 2013 Council of Europe’s Parliamentary Assembly (PACE) report summarized: “Greece has focused on reinforcing its external borders and started a policy which relies too heavily on detention. Despite the Greek authorities’ determination to improve the asylum system and detention conditions, which in many instances remain deplorable, much still needs to be done” (PACE 2013).

Call for the immediate withdrawal of an unacceptable amendment. The protection of racist violence victims must be ensured

Athens, 26 March 2013. 35 organizations constituting the Racist Violence Recording Network are expressing their unequivocal opposition to the promoted amendment to Article 19 of the Immigration Code, which, if adopted, shall be a shield of protection for all perjuring government officials who are involved in incidents of racist violence and shall virtually set aside any possibility of protection for the victims.

Press Release: Two coast guards convicted of torturing asylum seeker upon entry into Greece

On 25. November 2013 the Five-Member Naval Court of Piraeus found two out of three accused coast guards guilty for having committed acts of torture against an asylum seeker, including restricting the victim's breathing so as to simulate drowning and suffocation ('wet and dry submarino'), carrying out mock execution, as well as other serious attacks on human dignity, immediately after the victim's entry into Greece and during his transfer with other asylum-seekers to the Port of Chios. The above-mentioned incident was first documented in the report entitled “The truth may be bitter but it must be told – The Situation of Refugees in the Aegean and the Practices of the Greek Coast Guard” by the Group of Lawyers for the Rights of Refugees and Migrants and the NGO Pro-Asyl, which was published in 2007 and has attracted extensive publicity ever since.

The two defendants received suspended jail sentences of 6- and 3-years as well as long-term deprival of their political rights. In addition, one of the convicted coast guards faces demotion once the decision becomes final.

COMUNICATO STAMPA

GRUPPO DI AVVOCATI
COMUNICATO STAMPA

Atene, 26/11/2013

Ieri 25/11, il Tribunale Marritimo del Pireo in seduta collegiale ha condannato due delle tre guardie costiere imputate di aver torturato un rifugiato, tramite il blocco del respiro fino ai limiti dell'asfissia (il "waterboarding", con e senza acqua), e attraverso finte esecuzioni sommarie, oltre ad altre pesanti offese della dignità umana. Il tutto è avvenuto subito dopo il suo rientro in Grecia, durante il trasferimento del gruppo dei rifugiati al porto dell'isola di Chios. Il crimine venne documentato dal "Gruppo di Avvocati per i Diritti dei Rifugiati e dei Migranti" e dall'ONG "Pro Asyl" nel rapporto del 2007 "The truth must be bitter but must be told - The situation of refugees in the Aegean Sea and the practices of the Greek Coastguard", che ebbe grande risonanza.

I due imputati sono stati condannati a 6 anni e 3 anni di reclusione con effetto sospensivo, oltre all'inflizione della perdita dei diritti politici per molti anni. Al primo di questi personaggi è stata comminata la deposizione dal suo grado, dopo la comunicazione della sentenza irrevocabile.

Pushed Back – systematic human rights violations against refugees in the aegean sea and at the greek turkish land border

 

On the Greek-Turkish land border refugees are systematically refouled with brutal, shocking and systematic violations of human rights: ‘When they left us in the Turkish waters they made waves again and six of us – all men – fell into the sea. The Greeks saw that, but they didn’t help, they just left.’ PRO ASYL documents these systematic pushback in the report “Pushed Back – systematic human rights violations against refugees in the aegean sea and the greek-turkish land border”. With few exceptions, all documented pushback took place in the area of ​​operations of Frontex. PRO ASYL raises the question of the involvement of Frontex on the human rights violations and calls: Frontex must end its operations in Greece.

Download Report (in English)
Summary (in German)