The organization’s international research team visited on the 5th and 6th of April two highly restricted detention centers, that previously were used as open reception centers. A total of around 4.200 people are currently detained at Moria on Lesvos and VIAL on Chios, amid rush to impalement the European Union-Turkey deal. Most arrived after March 20 when the deal took effect.
“On the edge of Europe, refugees are trapped with no light at the end of the tunnel. A setup that is so flawed, rushed and ill-prepared is ripe for mistakes, trampling the rights and well-being of some of the most vulnerable people,” said Gauri van Gulik, Deputy Director for Europe at Amnesty International.
“People detained on Lesvos and Chios have virtually no access to legal aid, limited access to services and support, and hardly any information about their current status or possible fate. The fear and desperation are palpable.”
Amnesty’s main conclusions summarize to the following key points;
The open reception centers are now closed detention centers, where migrants and asylum seekers are automatically detained in groups, which is by definition arbitrary and therefore unlawful. In fact among them, there is a large number of pregnant women, children and babies.
The conditions at the detentions centers are very poor. There is inadequate access to appropriate medical care and migrants and asylum seekers who were interviewed by the organization complained about the quality of food, lack of blankets and privacy. Amnesty says an 8 year old girl, with medical records that show she suffers a hip bone infection, that requires urgent medical attention, was denied access to doctors.
Fear and insecurity among refugees and migrants has triggered a spike in asylum applications, after the EU-Turkey deal has gone into effect. But Greece modified its asylum application process in a law adopted on 1 April, to align its system with the requirements of the deal. The system is not yet up and running, due to a lack of resources and clear guidelines. Therefore, migrants and asylum seekers receive insufficient legal advice and information. On 6 April the asylum service official who is the lone case worker at VIAL told Amnesty International the surge in applications is beyond his capacity to process.
Amnesty International has issued some recommendations addressed to the Greek and European authorities stating they “must immediately halt mass returns until the following are effectively guaranteed”:
- Detention is used as a measure of last resort, with alternatives to detention considered
- All decisions to detain must be based on a detailed and individualized assessment of the necessity to detain in line with a legitimate purpose.
- All detainees must be given the opportunity to challenge the lawfulness of their detention with access to legal aid
- Access to asylum procedures must be realistic and effective, including that timeframes for lodging supporting materials are appropriate for someone in detention, and access to legal and linguistic assistance should be made available
- Capacity to process claims must be increased significantly
- Asylum seekers in detention are provided with accurate legal information about the asylum process and their rights
- Conditions in detention must be humane and dignified
- All children should be immediately released from detention
- The special circumstances and needs of particular asylum-seekers must be taken into account, including victims of trauma or torture, children, women, older people, and asylum-seekers with disabilities
- Develop clear and rights-compliant guidelines on how the safe third country rule will be applied. Ensure the individual circumstances as well as up to date, independent information on the treatment and status of asylum seekers in Turkey are fully taken into account