Apr 1, 2021 | Agendas, Events, News
Migrants and asylum seekers must be provided adequate procedural guarantees in asylum procedures and in immigration detention, a group of experts and judges asserted during a seminar for Greek and Italian judges held by the ICJ, Scuola Superiore Sant’Anna (SSSA), and Greek Council for Refugees (GCR) on 29-31 March.
Asylum applicants should have access to adequate information about the procedure and their entitlements in a language they understand, access to a reliable communication system with the authorities, the availability of interpreters, access to legal aid, and reasoned decisions, experts said during the seminar, held in the framework of the FAIR plus project. Speakers further emphasized that immigration detention must be subject to automatic review by an independent body with a power to release detainees, especially when removal is no more an option.
More than 30 judges from Italy and Greece came together for this event to discuss procedural guarantees for migrants and asylum seekers, related to the safe third country concept, the access to legal assistance and interpretation, safeguards related to immigration detention, and procedural guarantees in the asylum procedure, especially in the accelerated procedures.
A summary of the discussions
On the first day, the judges exchanged overviews of national systems and presented some specific questions regarding the Italian and the Greek systems. Following the discussion on the safe third country concept and its implementation in Greece, an Italian judge presented recent developments in the Italian case-law, and the role of the judge, country of origin information, accelerated procedures, the length of procedures and the question of credibility assessment.
On the second day, the discussion related to the impact of Covid-19 pandemic on the rights of migrants and asylum seekers took place. The situation in Greece and in Italy was described by judges, in particular in relation to the access to the asylum procedure, the lawfulness of detention, the right to health and the question of access to a personal hearing when some of the hearings take place electronically.
An overview of the situation of immigration detention in Italy and Greece was presented by an Italian lawyer and an expert from UNHCR Greece. Speakers highlighted that in cases when people cannot be returned, they should not be kept in detention without a legal basis.
Accelerated procedures in law and in practice in both countries have been introduced by UNHCR Greece and Italy were addressed through a case-study and discussion, covering mainly the specific needs in accelerated procedures, automatic suspensive effect of appeals, and time limits in the accelerated procedures.
Finally on the last day, two lectures were delivered by Ledi Bianku, a former judge of the European Court for Human Rights, and an Associate Professor at the University of Strasbourg. First, looking into the guarantees in asylum and migration proceedings, Ledi Bianku stressed the need to always provide asylum applicants adequate information about the procedure and their entitlements in a language they understand, access to a reliable communication system with the authorities, the availability of interpreters, access to legal aid, and reasoned decisions in order to provide access to an effective remedy. In the second part of his intervention, Mr. Bianku discussed the detention of migrants, where he stressed the need for automatic review of detention, especially when removal is no more an option, by an independent body with a power to release.
The FAIR plus project is a judicial training and cooperation project supported by the European Union’s Justice programme, focusing on four countries Ireland, Greece, Italy and the Czech Republic. The aim of the project is to contribute to better judicial protection of the fundamental rights of migrants across the EU. Within the project the ICJ and partners are drafting of training materials and relevant legal briefings, implement training of the existing judicial trainers in the target countries, conduct four national trainings, two transnational seminars, and an international roundtable. The project is implemented in collaboration with national partners: Immigrant Council of Ireland (ICI), Scuola Superiore Sant’Anna (SSSA), Greek Council for Refugees (GCR) and Forum for Human Rights (Czech Republic).
Please find the agenda here.
Jan 15, 2021 | Agendas, Events, News
Today, the ICJ in collaboration with Greek Council of Refugees (GCR) is holding the second part of the training for Greek judges and lawyers on asylum procedures and detention of third country nationals.
The first part of the training, which has been held on 18 December 2020, addressed administrative detention of third-country nationals. The second training will consider issues related to fair and effective asylum procedures. Over 60 national judges and 10 Greek lawyers will participate in the training.
Speakers (from the Administrative Court of Appeal, First Instance Administrative court and the Court of Justice of the EU) will discuss Directive 2011/95/EE (inclusion clause in refugee protection status); the asylum procedure and procedural guarantees; case-law of the CJEU on asylum and common issues in asylum applications, including credibility and safe third country.
See the agenda for both parts of the training in English and in Greek.
This training is a part of FAIR PLUS project. It was carried out with the financial support of the European Union. Its contents are the sole responsibility of ICJ and do not necessarily reflect the views of the European Union.
Dec 18, 2020 | Agendas, Events, News
The ICJ and the Greek Council for Refugees (GCR) today hold the first part of the online training for Greek judges and lawyers on asylum procedures and detention of third country nationals as a part of the FAIR PLUS project.
The training brings together experts from the Greek Administrative Court of Appeal, Administrative Court of First Instance, European Court of Human Rights, GCR, ICJ and academics for a discussion on administrative detention on third-country nationals with a focus on the current situation in Greece.
Among the topics to be discussed today are domestic remedies to detention of third-country nationals; as well as deportation and detention of third country nationals in light of the European Convention on Human Rights (ECHR), EU law and Greek constitutional and European Court of Human Rights (ECtHR) case-law regarding immigration detention.
The second part of the training, on fair and effective asylum procedures, is planned for 15 January 2021, and will focus on Directive 2011/95/EE (inclusion clause in refugee protection status); asylum procedure and procedural guarantees; case-law of the CJEU on asylum and common issues of asylum applications – credibility and safe third country.
This is the third training delivered as part of this project, the first two having been held in person this January in Dublin and last December in Pisa.
See the agenda for both parts of the training in English and in Greek.
This training is a part of FAIR PLUS project. It was carried out with the financial support of the European Union. Its contents are the sole responsibility of ICJ and do not necessarily reflect the views of the European Union.
Mar 3, 2020 | News
The ICJ today called on the Greek authorities to withdraw their decision to close its border with Turkey for “national security” reasons as it constitutes a clear breach of the country’s obligations under international refugee and human rights law as well as EU law.
Prime Minister Kyriakos Mitsotakis has ordered the closure of the border with Turkey for “national security” reasons as thousands of refugees have been arriving at the border with Greece.
The ICJ said that the decision to close the border to migrants and refugees coming from Turkey breaches their right to seek asylum, the principle of non-refoulement and the prohibition of collective expulsion, which Greece must uphold under international human rights and refugee law and the EU Charter.
“Any violence and push-backs occurring at the border and at sea must stop and the persons responsible for acts of violence must be duly investigated and prosecuted. Respect for human rights principles that form part of the EU’s founding values require that refugees are not pushed back at the borded,” said Massimo Frigo, Senior Legal Adviser for the ICJ Europe and Central Asia Programme.
“Assistance should be centred on fostering access to asylum and not on strengthening border control where, in the current situation, EU authorities, such as Frontex, risk assisting in human rights violations,” he added.
The ICJ calls on the European Union to immediately set up a relocation plan with the Greek authorities to allow them to properly process asylum applications without placing refugees in dire reception conditions, such as those existing for refugees on the Greek islands.
The ICJ, together with ECRE and the Greek Refugee Council has launched a complaint against Greece before the European Committee of Social Rights on the degrading conditions of migrant children in Greece (ICJ and ECRE v. Greece).
Background
The movement of refugees comes after the declaration by President Recep Tayip Erdogan not to continue to retain on its territory Syrian refugees under the so-called “EU-Turkey statement”, following the armed conflict in Idlib (Syria).
Under this “statement”, Turkey had previously agreed to retain Syrian refugees on its territory and to accept Syrian refugees that reached Greek territory without their request of international protection being examined by the Greek authorities.
On the basis of the same “statement”, the EU had agreed to resettle some of the Syrian refugees in its Member States.
Contact
Massimo Frigo, Senior Legal Adviser, ICJ’s Europe and Central Asia Programme, t: +41 22 979 3805; e: massimo.frigo(a)icj.org
Aug 27, 2019 | News
Following the killing of an Afghan boy in the Moria reception center in Greece, the ICJ calls on the Greek authorities to effectively implement measures of protection prescribed to Greece this May by the European Committee on Social Rights.
According to information by the UN High Commissioner for refugees, the 15-year-old Afghan boy was killed and two other boys injured after a fight broke out at the Moria reception centre on the Greek island of Lesvos.
The safe area at the Moria Reception and Identification Centre, RIC, hosts nearly 70 unaccompanied children, but more than 500 other boys and girls are staying in various parts of the overcrowded facility without a guardian and exposed to exploitation and abuse.
“This is not a situation unique to Moria. In other parts of Greek islands and also on mainland Greece human rights of migrant children are being violated,” said Karolína Babická, ICJ Legal Adviser.
Security of children as well as access to basic needs, such as appropriate shelter, food water or medical care, were the focus of a recent case the ICJ brought together with ECRE and Greek Council for Refugees (GCR) to the European Committee on Social Rights (ECSR).
The ECSR acknowledged the urgency of the situation and decided on immediate measures in the case already on 23 May 2019.
“It is unacceptable that the decision on interim measures has not yet been implemented by the Greek government and now we have to witness such tragic events like a death of a child in the camp,” said Karolína Babická.
“It is a sad wake-up call to the Greek administration that the situation cannot remain like this,” she added.
In its decision, the Committee members required the Greek government to immediately provide migrant children with appropriate shelter, food, water, education and medical care; to remove unaccompanied migrant children from detention and from Reception and Identification Centers (RICs) at the borders, place them in suitable accommodation for their age and appoint effective guardians.
“Greece must urgently bring those children to safety and make sure their basic needs are met and human rights are protected, in order to comply with its international legal obligations,” said Róisín Pillay, ICJ Europe and Central Asia Programme Director.
Contact:
Karolína Babická, Legal Adviser, ICJ Europe and Central Asia Programme, m +32 475 46 2067 ; e: Karolina.Babicka(a)icj.org
