VIOLATIONS OF RIGHTS EXPOSED AT EUROPE’S BORDERS
At the close of 2017 in the period since our last report, the inhumane treatment of migrants in Lesvos continues to be widely reported on and denounced by refugees and migrants, solidarity activists, the media, and human rights organizations. In response to this pressure, in November and December roughly 3000 asylum seekers were transferred from Lesvos to mainland Greece and Crete. However during the same time period approximately the same number of individuals arrived to Lesvos from Turkey.
Whilst the number of arrivals decreased somewhat in January, as a result of rainy, windy, and cold weather, an estimated 7000 migrants are still living in Lesvos. As recently reported by Amnesty International, for those trapped on the island, conditions remain unbearable; in violation of the right to adequate housing, health care, and freedom of movement. The European Union continues to blame Greece for the conditions in the hotspots. However, inhumane and crowded conditions are ensured so long as movement from the Greek islands to mainland Europe is prohibited for the majority of asylum seekers – something that has been enforced since the EU-Turkey Statement in March 2016.
Europe continues to measure success of the EU-Turkey deal in terms of curbing the total number of arrivals to Europe, but in effect this means that more individuals are stuck in unsafe and inhumane situations on the frontier of Europe – in Lesvos, but in even greater numbers in countries at Europe’s borders such as Turkey and Libya. As has been shown throughout history, halting migration is impossible, as borders will inevitably be crossed and individuals will continue to migrate in search of refuge.
THIRTY-YEAR-OLD MAN DROWNS ATTEMPTING TO BOARD FERRY TO ATHENS
The tragic consequences for individuals denied safe passage were seen this month in Lesvos as on 1 February 2018, an unidentified man’s body was found in the port of Mytilini. It was presumed that he drowned, having died 10 days earlier. The body was identified by authorities as that of a Moroccan man who had registered for international protection in Lesvos in July 2017.
Whilst he is yet to be formally identified, given that his friends have not been permitted to see his body, they believe that the man found was actually Saihi, a 30 year old Algerian, who ten days earlier had attempted to swim to climb aboard a ferry bound for Athens. His friends believe he registered his nationality as Moroccan because he feared that the authorities would discriminate against Algerians. However, even though registered as a Moroccan he found no protection in Greece. Even in death, his family is being denied the right to bury him and mourn appropriately; his body still lays in the Mytilini morgue due to their inability to pay the fees to expatriate his body to Algeria.
Saihi had recently celebrated his thirtieth birthday with friends and after over six months trapped in Lesvos he decided to take his chances to leave the island. Tragically, the dangerous journeys people make to reach Europe do not end when they reach Lesvos. Although they are in Europe, since the EU-Turkey deal, people who arrive to the Greek territories from Turkey are prohibited from leaving the islands until the lengthy asylum procedure has completed. If rejected, they face deportation to Turkey, where rights are systematically denied and where non-Syrians face certain imprisonment and likely deportation to their home countries.
Saihi was one of many people trapped on the island who risk their lives attempting to reach the European continent. As he did not have legal status in Greece, he was denied assistance by NGOs. He was left on his own in Lesvos; staying in an abandoned house in Mytilini, without electricity, water, or any aid apart from food assistance provided through No Borders Kitchen. He had left Moria Camp approximately four months earlier, to get away from the unsafe environment where police violence and daily fights are routine. Employment opportunities in Lesvos are limited even for Greeks, and it is even more difficult for foreigners to support themselves given language barriers and discrimination. Many individuals trapped in Lesvos living either in the inhumane conditions of Moria Camp or on the streets and abandoned houses of Mytilini self-medicate with horribly addictive prescription drugs, such as the insomnia medication Flunitrazepam (commonly known as “Bubli”). Prescriptions for these drugs are illegally sold in the open in Moria Camp and the parks of Mytilini under the eye of Greek police, who rarely intervene. Saihi was one individual who self medicated in order to build up the courage to face the swim to board the ferry to Athens.
Instead of investigating the rampant sale of drugs to desperate migrants and refugees who have few options for survival in Lesvos, the Greek police operate an unchecked campaign of discrimination and violence against such marginalized persons. Systematic racial profiling by the police who regularly ask individuals for proof of their legal status means a life of constant stress, in particular for individuals denied protection by the Greek government and assistance by NGOs.
In Lesvos, assistance provided by many humanitarian NGOs is linked to legal status, in direct contrast to established humanitarian principles, such as a commitment to provide assistance with impartiality,
which requires that it be provided solely on the basis of need and in proportion to need. This reflects the wider principle of non-discrimination that no one should be discriminated against on any grounds of status.
Mercy Corps International, for example provides cash assistance only to those who the Greek government has designated as asylum seekers or refugees. This means that humanitarian aid is provided only when the Greek government legitimizes an individual’s presence in Greece. Individuals whose applications have been rejected in the second instance and individuals who have not made an application to the Greek Asylum Service (often due to delays in the processing of applications) are unable to receive this aid, regardless of their need. Similar requirements for UNHCR coordinated housing and other services prevent many individuals in need from being provided housing outside Moria Camp, in shelters run by other NGOs.
Saihi’s death is a tragic consequence of Europe’s illegal policies of exclusion and containment. While they are not responsible for their creation, humanitarian NGOs must do more to distance themselves from such policies and instead adhere to the principles of impartiality and independence if they are truly nongovernmental and humanitarian.
ARBITRARY DETENTION IN LESVOS CONTINUES
In January 2018, the so-called “pilot” program to detain throughout the asylum procedure individuals from low recognition rate countries officially ended. Since its initiation, The Legal Centre has denounced the practice of detention based on nationality as illegal. While we welcome the end of this policy, Greek Authorities continue to arbitrarily detain individuals on arrival.
The police enforcing the detention, justify such action based on the individual’s responses during their initial registration, citing that these individuals have applied for international protection “in order to delay or frustrate the enforcement of a return decision”. While this is one of the legal grounds for detention under Greek Law, this reasoning is being used to detain individuals immediately upon arrival in Greece, before they have even completed their initial registration.
While the stated reason for detention has changed, it seems that detention is still largely based on nationality, given that most of those detained upon arrival are from countries where the majority of citizens are denied international protection.
Further frustrating judicial review of these decisions, individuals are often detained without a written comprehensive order from the Police Director, stating “complete and comprehensive reasoning” for the detention, as required by Greek Law 4375, Article 46(3). The lack of such an order makes it difficult for individuals and lawyers alike to legally challenge the decision in court.
Additionally, Greece continues the practice of detaining individuals who have requested “voluntary” return to their home countries. Many individuals spend months in detention after they make the difficult decision to give up on their hope of receiving protection in Europe.
Under Greek and international law, asylum seekers cannot be detained simply because “he/she entered irregularly and/or stays in the country without a legal residence permit,” and detention should be enforced “exceptionally and if this is considered necessary after an individual assessment under the condition that no alternative measures” can be applied. [Greek Law 4375, Article 46]. While we condemn the containment policy as a violation of individuals’ right to freedom of movement, when most asylum seekers in Lesvos are in any case prohibited from leaving, there is no legal excuse for keeping individuals in detention upon arrival on the closed island of Lesvos, or when they are coerced into returning to their home countries.
LEGAL CENTRE UPDATES
Six months have passed since the police violently raided the African section of Moria Camp, and a trial date still has not been set for the Moria 35. On the 13 December 2017 the Municipal Court renewed for another six months the pretrial detention for the 30 defendants currently detained awaiting trial. This is despite petitions by the Legal Centre and Solidarity Now attorneys to release individuals with severe mental and physical health conditions. Since their arrest on 18 July 2017, these men have now been imprisoned for over six months, without any credible evidence against them.
Furthermore, it has been confirmed that two individuals arrested in Lesvos in the weeks following the 18 July raid of Moria Refugee Camp face identical criminal charges as the 35 originally arrested. These two men have been released with restrictive measures and continue to live in Lesvos. It is expected that they will be scheduled for trial together with the original 35.
While they are not in an official prison, the seven defendants who were released with restricted measures are still in an open air prison, restricted to Lesvos island and many still live in the militarized and inhumane Moria Refugee Camp; the same place where they were brutally attacked by the police on 18 July 2017. They are marginalized and have limited access to health care and humanitarian aid, making their life extremely difficult. Many still suffer health problems that were caused or aggravated by the police violence against them, and have ongoing health needs that they do not have funds to pay for. They are in a state of limbo, denied aid from organizations like Mercy Corps, because their asylum claims have been rejected in the second instance, yet they are prohibited from leaving the island (even if it were to return to their home country) due to the ongoing criminal case against them.
Despite the lack of justice found in the Greek court to date, there has been a growing solidarity movement to support these men and demand their freedom, as activists from around Europe have learned of their unjust arrest and continued detention.
At the Legal Centre, we have also launched a successful crowd funding campaign to both raise awareness and funds to ensure an effective legal defense.
The Legal Centre continues to operate with the exclusive support of individual donations and entities that are not complicit in human rights or environmental abuses. Our ethical funding guidelines allow us not only to maintain our independence, but through our funders we have also begun to build relationships with solidarity organization outside Lesvos, in particular in Barcelona. We have renewed funding from both Fons Catalá and Fundación Heres for 2018, and received support from ASIC La Garriga‘s December fundraising campaign.
Thanks to this funding we are now are able to support a small team of two full time Greek attorneys, three part time interpreters, and a full time coordinator. Volunteer lawyers and legally trained individuals continue to serve as caseworkers in the Legal Centre and provide invaluable assistance to ensure that the Legal Centre can continue to have an open door policy and provide individualized consultation to any migrant in Lesvos who seeks our legal assistance. In 2017, through advocacy of our volunteers, interpreters, and lawyers, hundreds of Legal Centre clients were granted refugee status, subsidiary protection, and permission to leave Lesvos for the European continent.