On 14 December 2023, the Greek Council for Refugees (GCR) issued a statement detailing “absolutely unsuitable conditions” for asylum seekers living in the Closed Controlled Access Center (CCAC) of Kos. On 12 December, the European Court of Human Rights (ECtHR) accepted – pursuant to Article 39 of its Rules of Procedure – an application for interim measures by two Afghan women and their five minor children (represented by GCR), ordering the Greek authorities to ensure that the applicants “have full access to reception conditions which respect their human dignity and take into account their multiple vulnerabilities”.
The case concerns 2 Afghan single women, one of whom is accompanying her two minor children, 12 and 10 years old, while the other one is accompanying her three minor children, 11, 7 and 2 years old respectively, to Greece. Both families live in the CCAC of Kos in completely inappropriate conditions.
Due to overpopulation in the facility, there is no available accommodation provided to the Applicants, single women with minor children and they have been placed with unrelated single men in the restaurant area, which is now used for accommodation. The place is lacking any security and privacy and they are exposed to harassment and the risk of gender violence. They are forced to sleep on the floor in crowded conditions, with absolutely inadequate sanitary conditions and insufficient provision of essential necessities and medical services, despite the numerous health issues they face. Moreover, they remain confined within this wing of the facility, from which they are not allowed to leave, and none of the required administrative procedures has taken place (reception and identification procedures/access to international protection).
This structure was only inaugurated in November 2021. However, the European Ombudsman has recently pointed out, the new structures on the islands, including the CCAC of Kos, “are, rather, reminiscent of detention facilities”, raising doubts as to “how respect for human dignity and protection of the best interests of the child and of vulnerable individuals can be ensured” in these facilities”. The overcrowding that currently prevails in the CCAC of Kos further aggravates the existing living conditions. Moreover, the GCR alleges that with the exception of the large presence of private security and police at the facility, the facility is otherwise understaffed, pointing to the lack of a psychologist and a doctor, resulting in medical services currently being provided by an army doctor and medical missions of the Hellenic National Public Health Organization medical teams deployed from other CCACs.
“This case demonstrates the huge gaps in the protection of asylum seekers on the Greek islands and the inability of even the most vulnerable to access basic services, despite the huge sums spent on the construction of new structures on the islands”, GCR comments, concluding: “The insistence on closed-type structures and the emphasis on facilities that are reminiscent of detention centres has resulted in the exposure of thousands of asylum seekers, persons seeking protection, to conditions that are not consistent with human dignity.”
This raises the issue of a violation by the Greek authorities of the national, EU and international framework for the protection of the right to asylum as a fundamental right of refugees and returnees present in the territory of EU Member States, including Greece.
According to the European Commission, “the European Union is a place of protection for people fleeing persecution or serious harm in their country of origin. Asylum is a fundamental right and an international obligation for countries, as recognised in the 1951 Geneva Convention for the Protection of Refugees”.
In recognising the right to asylum, the 1951 Convention relating to the Status of Refugees (Geneva Convention) enshrines the rights of refugees and returnees in their country of stay and residence, including the right to their movable and immovable property (Article 13), the right to freedom of association (Article 15), the right to apply to the courts (Article 16), the right to work (Articles 17-19), the right to social welfare (Article 20), housing (Article 21) and public education (Article 22), and freedom of movement (Article 26). Furthermore, the Geneva Convention prohibits the expulsion or refoulement of refugees (Article 33).
Specifically on the right to housing, the Geneva Convention (Article 21) provides: “As regards housing, the Contracting States, in so far as the matter is regulated by laws or regulations or is subject to the control of public authorities, shall accord to refugees lawfully staying in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.” As regards social welfare (Article 20), it provides: “Where a rationing system exists, which applies to the population at large and regulates the general distribution of products in short supply, refugees shall be accorded the same treatment as nationals.”
However, the evidence submitted by the GCR for the case at hand raises serious questions as to whether the applicants and the applicants before the ECtHR are able to fully enjoy the rights enshrined in the Geneva Convention on Refugees and Asylum Seekers, especially since at this time none of the prescribed administrative procedures (inclusion in reception and identification procedures/access to international protection) had taken place for the recognition of refugee status.
Under the rule of law, states must provide effective international protection to asylum seekers in accordance with the rules of international law, in particular the Geneva Convention. Indeed, Greece, as an EU Member State, must also offer international protection in accordance with EU law.
However, this case brings to light allegations of “unsuitable living conditions” of applicants and asylum seekers in this reception facility.
Bank Account number: 1100 0232 0016 560
IBAN: GR56 0140 1100 1100 0232 0016 560
BIC: CRBAGRAA
In a time where the very foundations of democracy are gradually being eroded by the rise of extreme nationalism, alt-right movements, the spread of disinformation and corporate capture, the efforts of organisations such as Vouliwatch are more relevant than ever.
We rely on the generosity of each and every one of you to continue with our efforts for more transparency and accounta
By financially supporting Vouliwatch you support our litigation strategy, our campaigns for transparency and accountability in the political system, the development of new civic tech tools, our research projects and last but not least our impartial and accurate
