Greece
19.02.03
Urgent Interventions
Greece: illegal proceedings and arbitrary detention of a child seeking asylum
Case GRC 190203.CC
Child concern
Arbitrary detention/Fair trial
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Greece.
Brief description of the situation
The International Secretariat of OMCT has been informed by Greek Helsinki Monitor, a member of the OMCT network, of the illegal proceedings against and arbitrary detention of a child seeking asylum in Greece.
According to the information received, Hormez Wisam, 17 year old, has been sentenced to 4 months imprisonment for illegal entry in Greece, following the obstruction of his asylum-seeker application by Greek authorities. Hormez Wisam is an Iraqi citizen, born on August 28th, 1985. A Christian Catholic, he and his family had to flee from Iraq in fear of their lives. They crossed Turkey and on July 5th, 2002, they entered Greece illegally from the northern Greek Turkish borders in Evros and then came to Athens where they have been residing at the suburb of Peristeri at an address known to the authorities. On November 4th, 2002, Hormez Wisam went to the Aliens’ Department of West Attica in order to submit his application for political asylum. He filled in the required form, but was not allowed to submit it. Instead, a civil servant of the Department stamped his application and added, in hand writing, the date of December 20th, 2002, 8.00 a.m., for a new appointment when Hormez Wisam should proceed with his application and have his fingerprints taken. He came to the Aliens’ Department on that date but was again not allowed to submit his application and was not given a renewal of his appointment in writing. The following weeks, he tried unsuccessfully to submit again his application but he was constantly prevented from doing so.
On February 10th, 2003, while waiting at a bus stop, Hormez Wisam was arrested by a police officer for lack of legal documents. His request for application still dated December 20th, 2002, was invalid and seemed to indicate that he had not appeared before the Aliens Department as he was supposed to. He was tried in flagrante delicto before the B’ Misdemeanors Court of Athens the same day, without legal representation by a defence lawyer. The court sentenced him to 4 months imprisonment for illegal entry in the country, suspendable upon execution of his deportation. Ever since he has been held at the detention facilities of the Police Station of Peristeri area, awaiting deportation, although deportation to Iraq is impossible because of the international embargo. Due to inconsistencies in the definitions of a child within the Greek legislation, including that under civil law a minor is a person who has not reached age 18 while under penal law a minor is a person who has not reached 17, Hormez Wisam has reportedly been arrested, tried, sentenced and detained as an adult. On the contrary, the prosecutor ordered his transfer, expected to take place on February 21st, 2003, to Avlona prisons for minors in order to serve his sentence.
Greek Helsinki Monitor reported the case of Hormez Wisam to the Greek Ombudsman on February 17th, 2003, following the letter it had previously submitted on February 8th, 2003, concerning the general practice of preventing asylum-seekers from accessing Greek public services, thus depriving them of the opportunity to submit their applications and of their rights deriving from asylum-seeker status. The U.N. High Commissioner for Refugees, Mr. Ruud Lubbers, who recently visited Greece, reportedly supported these allegations and asked the government to take well into consideration the relevant international conventions.
The International Secretariat of OMCT is strongly preoccupied by the attitude of the authorities of Greece concerning asylum-seekers, and in particular children. OMCT condemns the Greek authorities’ obstruction to the submission of Hormez Wisam’s asylum-seeking application. OMCT also condemns the violation of Hormez Wisam’s judicial guarantees and arbitrary detention. In particular, OMCT wishes to recall that Greece is a State party to the Convention on the Rights of the Child, which establishes the following rules:
Art. 22 par. 1: States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, (…) receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.
Art. 37: States Parties shall ensure that: (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
Art. 40 par. 2 (b): States Parties shall, in particular, ensure that every child alleged as or accused of having infringed the penal law has at least the following guarantees: (iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;
In addition, OMCT wishes to recall the concluding observations of the UN Committee on the Rights of the Child following its consideration of the Greek report in April 2002 (CRC/C/15/Add.170). The Committee recommends that Greece:
Par. 30 (a) Clarify the age of majority, with particular regard to penal law and the international practice that juvenile justice standards are extended to children up until age 18;
Par. 79 (a) Develop laws, policies and mechanisms for all children under 18 and provide adequate resources to ensure the full implementation of juvenile justice standards (…); (d) Ensure respect for all juvenile justice standards including the rights of children during arrest and detention procedures, minimum conditions of detention, the non-restricted rights of appeal and to legal representation, free interpretation where needed and other relevant assistance; (e) Ensure that detention, including pre-trial detention, is used only as a measure of last resort and with due consideration for the seriousness of the crime, and that greater efforts be made to provide alternatives to detention;
Par. 69: (a) Consider means to reduce delays in the consideration of asylum requests and in subsequent administrative and judicial proceedings, which affect children, and to avoid the detention of children; (b) Ensure that child asylum-seekers or refugees, and their families, have access to legal aid;
Action requested
Please write to the authorities in Greece urging them to:
i order the immediate release of Hormez Wisam;
ii take all necessary measures to ensure that his asylum application is duly registered and examined in conformity with legal administrative proceedings; that he is not detained while awaiting the answer to this applications; and that he is provided with adequate protection and assistance;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws international human rights standards, particularly the Convention on the Rights of the Child.
iv act in accordance with the recommendations of the UN Committee on the Rights of the Child
Addresses
· Constantine Simitis, Prime Minister, Prime Minister’s Office at the Hellenic Parliament, Greek Parliament Blgd, Constitution Square, Athens / Greece, Fax: +30 210 724 17 76, Email: Mail@primeminister.gr
· Filippos Petsalnikos, Minister of Justice, Ministry of Justice, Mesogeion 96, Athens 115 27 / Greece, Fax: +30 210 775 58 35
· George Papandreou, Foreign Minister Athens, Fax: 30 210 36 81 433, Email: gpap@mfa.gr
· Mihalis Hrysohoidis, Minister of Public Order, Athens, Greece, Fax: + 30 210 6917944
· George Kaminis, Deputy Ombudsman for Human Rights, Fax 30 210 7289643
Please also write to the embassies of Greece in your respective country.
Geneva, February 19, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Child concern
Arbitrary detention/Fair trial
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Greece.
Brief description of the situation
The International Secretariat of OMCT has been informed by Greek Helsinki Monitor, a member of the OMCT network, of the illegal proceedings against and arbitrary detention of a child seeking asylum in Greece.
According to the information received, Hormez Wisam, 17 year old, has been sentenced to 4 months imprisonment for illegal entry in Greece, following the obstruction of his asylum-seeker application by Greek authorities. Hormez Wisam is an Iraqi citizen, born on August 28th, 1985. A Christian Catholic, he and his family had to flee from Iraq in fear of their lives. They crossed Turkey and on July 5th, 2002, they entered Greece illegally from the northern Greek Turkish borders in Evros and then came to Athens where they have been residing at the suburb of Peristeri at an address known to the authorities. On November 4th, 2002, Hormez Wisam went to the Aliens’ Department of West Attica in order to submit his application for political asylum. He filled in the required form, but was not allowed to submit it. Instead, a civil servant of the Department stamped his application and added, in hand writing, the date of December 20th, 2002, 8.00 a.m., for a new appointment when Hormez Wisam should proceed with his application and have his fingerprints taken. He came to the Aliens’ Department on that date but was again not allowed to submit his application and was not given a renewal of his appointment in writing. The following weeks, he tried unsuccessfully to submit again his application but he was constantly prevented from doing so.
On February 10th, 2003, while waiting at a bus stop, Hormez Wisam was arrested by a police officer for lack of legal documents. His request for application still dated December 20th, 2002, was invalid and seemed to indicate that he had not appeared before the Aliens Department as he was supposed to. He was tried in flagrante delicto before the B’ Misdemeanors Court of Athens the same day, without legal representation by a defence lawyer. The court sentenced him to 4 months imprisonment for illegal entry in the country, suspendable upon execution of his deportation. Ever since he has been held at the detention facilities of the Police Station of Peristeri area, awaiting deportation, although deportation to Iraq is impossible because of the international embargo. Due to inconsistencies in the definitions of a child within the Greek legislation, including that under civil law a minor is a person who has not reached age 18 while under penal law a minor is a person who has not reached 17, Hormez Wisam has reportedly been arrested, tried, sentenced and detained as an adult. On the contrary, the prosecutor ordered his transfer, expected to take place on February 21st, 2003, to Avlona prisons for minors in order to serve his sentence.
Greek Helsinki Monitor reported the case of Hormez Wisam to the Greek Ombudsman on February 17th, 2003, following the letter it had previously submitted on February 8th, 2003, concerning the general practice of preventing asylum-seekers from accessing Greek public services, thus depriving them of the opportunity to submit their applications and of their rights deriving from asylum-seeker status. The U.N. High Commissioner for Refugees, Mr. Ruud Lubbers, who recently visited Greece, reportedly supported these allegations and asked the government to take well into consideration the relevant international conventions.
The International Secretariat of OMCT is strongly preoccupied by the attitude of the authorities of Greece concerning asylum-seekers, and in particular children. OMCT condemns the Greek authorities’ obstruction to the submission of Hormez Wisam’s asylum-seeking application. OMCT also condemns the violation of Hormez Wisam’s judicial guarantees and arbitrary detention. In particular, OMCT wishes to recall that Greece is a State party to the Convention on the Rights of the Child, which establishes the following rules:
Art. 22 par. 1: States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, (…) receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.
Art. 37: States Parties shall ensure that: (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
Art. 40 par. 2 (b): States Parties shall, in particular, ensure that every child alleged as or accused of having infringed the penal law has at least the following guarantees: (iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;
In addition, OMCT wishes to recall the concluding observations of the UN Committee on the Rights of the Child following its consideration of the Greek report in April 2002 (CRC/C/15/Add.170). The Committee recommends that Greece:
Par. 30 (a) Clarify the age of majority, with particular regard to penal law and the international practice that juvenile justice standards are extended to children up until age 18;
Par. 79 (a) Develop laws, policies and mechanisms for all children under 18 and provide adequate resources to ensure the full implementation of juvenile justice standards (…); (d) Ensure respect for all juvenile justice standards including the rights of children during arrest and detention procedures, minimum conditions of detention, the non-restricted rights of appeal and to legal representation, free interpretation where needed and other relevant assistance; (e) Ensure that detention, including pre-trial detention, is used only as a measure of last resort and with due consideration for the seriousness of the crime, and that greater efforts be made to provide alternatives to detention;
Par. 69: (a) Consider means to reduce delays in the consideration of asylum requests and in subsequent administrative and judicial proceedings, which affect children, and to avoid the detention of children; (b) Ensure that child asylum-seekers or refugees, and their families, have access to legal aid;
Action requested
Please write to the authorities in Greece urging them to:
i order the immediate release of Hormez Wisam;
ii take all necessary measures to ensure that his asylum application is duly registered and examined in conformity with legal administrative proceedings; that he is not detained while awaiting the answer to this applications; and that he is provided with adequate protection and assistance;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws international human rights standards, particularly the Convention on the Rights of the Child.
iv act in accordance with the recommendations of the UN Committee on the Rights of the Child
Addresses
· Constantine Simitis, Prime Minister, Prime Minister’s Office at the Hellenic Parliament, Greek Parliament Blgd, Constitution Square, Athens / Greece, Fax: +30 210 724 17 76, Email: Mail@primeminister.gr
· Filippos Petsalnikos, Minister of Justice, Ministry of Justice, Mesogeion 96, Athens 115 27 / Greece, Fax: +30 210 775 58 35
· George Papandreou, Foreign Minister Athens, Fax: 30 210 36 81 433, Email: gpap@mfa.gr
· Mihalis Hrysohoidis, Minister of Public Order, Athens, Greece, Fax: + 30 210 6917944
· George Kaminis, Deputy Ombudsman for Human Rights, Fax 30 210 7289643
Please also write to the embassies of Greece in your respective country.
Geneva, February 19, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.