20
M.S.S. v. BELGIUM AND GREECE JUDGMENT
an application provided that they present themselves before the authorities
in person (Article 4 § 1 of PD no. 90/2008).
101. The authorities immediately inform asylum-seekers of their rights
and obligations by giving them a brochure, in a language they understand,
describing the procedure for examining asylum applications and the asylumseeker’s rights and obligations. If the asylum-seeker does not understand the
language used in the form, or is illiterate, he is informed orally, with the
assistance of an interpreter (Article 1 § 6 of PD no. 61/1999 and Article 8
§ 1 (a) of PD no. 90/2008).
102. An information brochure has been drafted in collaboration with the
UNHCR and exists in six languages (Arabic, English, French, Greek,
Persian and Turkish).
103. When asylum-seekers arrive at Athens International Airport, the
obligation to provide this information lies with the security services present
at the airport. Interpretation is provided by interpreters from the Attica
police headquarters, non-governmental organisations or airport staff.
104. Asylum-seekers must cooperate with the competent authorities
(Article 9 § 1 of PD no. 90/2008). In particular, they must inform them of
any change of address (Article 6 § 1 of PD no. 220/2007).
105. If they have not already done so at the airport, asylum-seekers must
then report, on a Saturday, to the Aliens Directorate at the Attica police
headquarters, to submit their applications for asylum. Since PD no. 81/2009
(Article 1) entered into force, the lodging of asylum applications has been
decentralised to the fifty-two police headquarters in different parts of the
country.
106. Asylum-seekers who have applied for asylum at the airport must
report within three days to the Attica police headquarters to register their
place of residence.
107. They are then invited to the police headquarters for an individual
interview, during which they may be represented. The interview is held with
the assistance of an interpreter and the person concerned is asked to confirm
all the information contained in the application and to give details of their
identity, the route by which they arrived in Greece and the reasons why they
fled their country of origin (Article 10 § 1 of PD no. 90/2008).
(b) Examination of the asylum application at first instance
108. Until 2009, after the interview the police officer in charge of the
interview transmitted the asylum application to one of the three refugee
advisory committees within the Ministry of Public Order (now the Ministry
of Civil Protection) for an opinion. These committees were made up of
police officers and municipal representatives and in some cases the UNHCR
was an observer. The committee to which the application was referred
transmitted an opinion, in the form of an internal report, to the Attica police
headquarters, which gave its decision.