A/HRC/35/25/Add.2
2013, 51,000 appeals were outstanding, as compared to 8,075 in September 2016. 17 Law
4375/2016 provided for the automatic regularization of applicants who lodged their appeal
up to five years before the publication of Law 4375/2016. Greece should continue its efforts
to clear the backlog, in order to ensure applicants the right to an effective remedy.
85.
With the European Union-Turkey statement taking effect, the Backlog Appeals
Committee was mainly examining appeals concerning the admissibility procedures in the
reception and identification centres. The Special Rapporteur commends the independence
of the Committee, which, in the absence of sufficient guarantees, refused to accept the
blanket statement that Turkey is a safe third country for all migrants — despite enormous
pressure from the European Commission — and overturned first-instance decisions
accordingly. By December 2016, it had overturned close to 400 decisions and upheld only
17 decisions from the first instance. 18 With such a ratio, the Special Rapporteur urges firstinstance decision makers to properly examine admissibility criteria.
86.
The Special Rapporteur notes that Law 4375/2016 brings about several
improvements, such as the provision of free legal aid and longer deadlines to appeal, with
appeals having an automatic suspensive effect against return orders. He urges the
authorities to take the necessary steps to ensure the right to free legal aid for all applicants.
87.
The Special Rapporteur notes that, following his visit, Law 4399/2016 was approved
by the Greek Parliament, on 16 June 2016, modifying the composition of appeals
committees. The new appeals committees are responsible for examining all appeals against
decisions of the Greek Asylum Service lodged since 20 July 2016. The Special Rapporteur
urges the Government of Greece to put the Appeals Authority into full operation, in order
to avoid any further accumulation of a backlog and to ensure effective access by migrants
to a remedy.
VI. Cross-cutting concerns
A.
Xenophobia and violence against migrants
88.
During his follow-up visit, the Special Rapporteur noted that there were five new
special prosecutors for racist crimes. Furthermore, he was informed that Parliament had
been suspending State financing of political parties whose officials had been provisionally
detained for racist crimes, and the trial of members of the far-right Golden Dawn party was
ongoing. He also noted that the National Board against Racism and Intolerance and new
police units and offices had been established to investigate acts of racist violence. A hate
speech monitoring mechanism remains to be implemented.
89.
Civil society efforts have been commendable, local authorities have provided muchneeded support, and local populations must be congratulated for their hospitality, their
donations and their patience. Well aware that the Greek population is under austerity
measures, the Special Rapporteur commends the generosity reflected in large donations of
medication, clothes and food items. However, he also noted concerns over what would
happen if the atmosphere changed and turned against refugees and migrants. Following his
visit, he received worrying news about increases in racist and xenophobic attacks against
migrants, exacerbated by the economic crisis in Greece, and he urges Greek authorities to
decisively implement the sectoral policies on interculturalism and on combating
discrimination, xenophobia and racism.
17
18
14
European Commission recommendation, 8 December 2016, available from https://ec.europa.eu/homeaffairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-migration/
proposal-implementation-package/docs/20161208/recommendation_on_the_resumption_
of_transfers_to_greece_en.pdf.
Ibid.