MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 1. Migration legal guide for practitioners in Greece

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2 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 1 Migration legal guide for practitioners in Greece

3 2 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE Table of Contents INTRODUCTION 5 Foreword 5 IOM Greece 6 Legislative context 7 Purpose 8 PART A RESIDENCE PERMIT 9 I) General Rules for all Residence Permit Types 9 II) Types of Residence Permits 14 1) Residence Permit to third-country nationals and minors, victims of trafficking and smuggling 14 2) Residence Permit to third-country nationals, victims and material witnesses of criminal actions (Article 19A (1b) Law 4251/2014) 26 3) Residence Permit to third-country nationals, victims of domestic violence (Article 19A (1c) Law 4251/2014) 27 4) Residence Permit to third-country nationals, who have been employed under particularly exploitative working conditions or as minors (Article 19A(1d) Law 4251/2014) 28 5) Residence Permit to third-country nationals, who attend a legally approved addiction treatment program (Article 19A (1e) Law 4251/2014) 30

4 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 3 6) Residence permit of third-country nationals whose application for international protection has been rejected and their case is referred to the Ministry of Migration Policy. (Article 19A (1f) Law 4251/2014) 31 7) Residence permit to third-country nationals, parents of Greek minors. (Article 19A (1g) Law 4251/2014) 32 8) Residence Permit to adult third-country nationals unable to take care of their own matters due to severe health reasons and minors in need of protection measures and accommodation in Institutions or other public purpose entities) (Article 19A (2a) Law 4251/2014) 33 9) Residence Permit to minors, whose custody has been entrusted to Greek families or families of third-country nationals who legally reside in Greece or the adoption of whom is pending before the Greek authorities (Article 19A (2b) Law 4251/2014) 34 10) Residence Permit to third-country nationals, victims of accidents. (Article 19A (2c) Law 4251/2014) 35 11) Residence Permit to minors, accommodated in boarding houses. (Article 19A (2d) Law 4251/2014) 36 12) Residence Permit to third-country nationals for health reasons. (Article 19A (2e) Law 4251/2014) 37 13) Residence Permit to third-country nationals for exceptional reasons (Article 19 law 4251/2014) 38 14) Residence Permit to third-country nationals

5 4 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE on family reunification (Article 69 Law 4251/2014, article 8.46 law 4332/2015) 42 15) Residence Permit to adult third-country nationals, who were born in Greece, or have studied in Greek schools for six years (article 108 law 4251/2014) 46 16) Work permit for irregular third-country nationals working in agriculture (article 13 Law 4251/2014) 47 17) Special Certificates of Legal Residence (Article 25 law 4251/2014) 49 PART B RIGHTS OBLIGATIONS 53 TABLES 55 ALIENS AND IMMIGRATION SERVICE CONTACTS 70

6 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 5 INTRODUCTION Foreword As a founding member of the International Organization for Migration, IOM Greece has a long history of working closely with authorities and civil society in assisting and supporting migrants in need along its 65 years of presence in the country. During the recent migrant and refugee crisis, IOM has further strengthened its presence in Greece cooperating with different donors and the Greek authorities in the management of flows both in the islands and the mainland. The IOM interventions focused on a wide range of activities including shelter and transportation as well as protection related issues. In particular, under the project Emergency support to assist most vulnerable migrants stranded in Greece funded by DG Migration and Home Affairs of the European Commission, Asylum, Migration and Integration Fund (AMIF) IOM has been providing social, psychological and legal assistance to over 5,000 migrants around the country. Implementing this project, IOM identified a need for alternative protection pathways for migrants and asylum seekers, who do not always fall within the definition of refugees, nonetheless need to receive attention due to their high vulnerability and cannot be simply returned home as irregular migrants or rejected asylum seekers. Moreover, it appeared very difficult to qualify single individuals as part of a specific category having asylum seekers that were at the same time victims of trafficking, violence, or exploitation. It is unequivocal that all these categories need to be considered and must be assessed while taking a decision on the future status of a migrant. Greece has made very significant steps in this regard and the Law 4251/2014 Immigration and Social Integration Code and other provisions is very comprehensive in trying to address the complexity of a phenomenon that is often confined to very general categories and strict parameters. The Greek mechanisms created by the law are excellent in recognizing that different migrants have different needs and to ensure targeted protection activities. With this booklet, IOM wants to support and complement the Greek efforts in this field creating a very operational tool that would assist practitioners in the implementation of Greek Law and European Directives. This booklet provides a comprehensive overlook of all protection schemes available to migrants according to the Greek laws supporting relevant professionals in the provision of immediate assistance thus avoiding further marginalization of the most vulnerable. IOM is particularly proud of this initiative and grateful to the European Commission and the Ministry for Migration Policy for having made it possible. Gianluca Rocco Chief of Mission IOM Greece

7 6 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE IOM Greece The most significant Greek emigration flows started in 1952 to the mid- 1970s. Since 1954, the Organization had initiated and offered vocational training courses to Greek workers, providing them with professional background, as well as cultural orientation to facilitate their integration into the host society. The Greece Mission has assisted over Greek national emigrants who settled in USA, Canada, Australia and other overseas countries. Greece has been traditionally one of the most important emigration countries following the Second World War and is a founding member of IOM. The Athens Mission operates on the basis of an Agreement of 17 April 1952, between the Greek Government and IOM (ICEM). This Agreement defines the scope of IOM activities and sets out in detail its responsibilities. IOM carries out counter trafficking activities, through partnerships with the National Coordinating Mechanism, the Hellenic Police, other Ministries and civil society and provides support to NGOs, as well as ensures the implementation of voluntary returns of victims of trafficking and vulnerable migrants. During the 1980s, Greece became a transit country for Eastern Europeans, Middle Easterners and Africans. IOM Athens organized and implemented the resettlement of foreign migrants and refugees mainly to USA, Canada, Australia and New Zealand. As from the beginning of the 1990s, Greece started receiving large inflows of immigrants from Central and Eastern Europe following the collapse of the communist regimes, with large number from Albania too. As of 2007, the number of irregular migrants and asylum seekers arriving in Greece by boat, (from Pakistan, Bangladesh, Iraq, Afghanistan, etc.) through the Aegean Sea, increased significantly. However, as of 2010, a shift from the sea to the land border has taken place, resulting in increased illegal border-crossings at the Greek land border with Turkey, which constitute approximately 85% of all the detections of illegal border crossing at the EU level. These large influxes of irregular migrants from Asia and Africa, who view Greece as a gateway to the European Union, end up being stranded in the country. Since June 2015, Greece started receiving an increased number of migrants and refugees who entered through the blue borders of the country. In March 2016, according to IOM s data - 164,961 migrants and refugees have arrived to Europe by land and sea routes since the start of 2016, the majority of whom have entered by sea through Greece (148,781)

8 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 7 The situation in Greece had significantly deteriorated when new border restrictions have been imposed by the Former Yugoslav Republic of Macedonia, resulting in a concentration of migrants in mainland Greece. Consequently 50,000 migrants were reported as being stranded in Greece in the first quarter of % of them were people originating from Syria and Iraq, 30% from Afghanistan, and 10% from other nationalities (including Iran and Pakistan). Out of these, 46 % of the population were females, 41 % - children. By the end of June 2017, Greece has seen a 93% lower number of arrivals when compared to the same period 2016 (10,679 and 160,115 respectively). According to recent IOM data, by the end of June, Greece hosted more than 86% of migrants. More precisely 62,270 are currently stranded in Greece which is a 46% increase when compared to the end of March Constant movements between settlements, namely sites on the islands, mainland, urban accommodation and other facilities (i.e. shelters for unaccompanied migrant children), as well as usage of entry and exit roads from the country, create a highly dynamic environment and changes in the number and profile of persons in need. As part of response to migrant and refugee crisis, IOM Greece has been providing support to beneficiaries in the sites around Greece (both mainland and islands, urban areas) through AVRR, improvement of living conditions and site management support, direct assistance and protection, relocation programme. The response is provided in close collaboration with Greek Government, EU Agencies, local and international organisations, NGOs, EU member states and other countries. Legislative context The main legislative instrument on migration was Law 3386/2005, Entry, residence and social integration of third country nationals into the Greek territory, providing for the unification of the residence and work permits, as well as introducing the reflection period for victims of trafficking. The provision was revised under Law 3536/2007, Determining matters in migration policy and other issues falling into the competence of the Ministry of Interior, Public Administration and Decentralization. With Law 3907/2011, the Greek authorities launched a new migration management system, through the setting up of an independent Asylum Service, the establishment of First Reception Centers and the transposition of

9 8 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE the EU Directive 2008/115/EC (Return Directive) into the national framework. In 2014, the «Immigration and Social Integration Code» came into force with the adoption of Law 4251/2014. The Code mainstreamed the existing migration provisions and introduced new-targeted interventions in the national legislation. Finally with Law 4375/2016 Greece adopted the EU Directive 2013/32/EC 2, and better defined the functioning of the Asylum Service, the Appeals Authority, the Reception and Identification Service and set up the General Secretariat for Reception. Purpose The purpose of this guide is to provide practitioners, social services, health professionals, NGOs and other actors with a general overview on the wide variety of residence permits and new protection schemes that the Greek legislation has recently introduced in favour of vulnerable migrants. Law 4251/2014 that set up the Greek Immigration Code introduced a set of provisions that tackle, for the first time in such a comprehensive way, some specific vulnerable groups (i.e. victims of trafficking, domestic violence and exploitation, addicted migrants and unaccompanied minors) and provide ad hoc assistance. The first section of this guide sets forth the general principles that apply to the residence permits while the second describes in details the criteria and the circumstances under which each single residence permit is granted. 2. European Directive on common procedures for granting and withdrawing the status of international protection, provisions on the employment of beneficiaries of international protection and other provisions.

10 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 9 PART A RESIDENCE PERMIT I) General Rules for all Residence Permit Types Upon entry if the third-country national goes through the Reception and Identification Centre (RIC), Art 9, par. 1, L. 4375/ applies. Applications for granting or renewing residence permits shall be submitted to the competent Directorate for Aliens and Migration of the Decentralized Administration in the applicant s area of residence or to the Directorate for Migration Policy of the Ministry of Migration Policy in Piraeus, 5, Ag. Dionysiou Street. The application for the initial granting or renewal of residence permits or any additional documents can be submitted and the residence permit or the rejection decision can be collected either by the third-country national in person or by an authorized attorney or his/her spouse, ascendants and adult descendants, if the main applicant has a valid residence permit. The authorization must be in writing, the signature of the authorizing person must be verified for its authenticity by any public authority, if the third-country national remains in the country legally, or notarized by a power of attorney in case of missing legal documents. Service by bailiff of any document or supporting documents for the initial issuance or renewal of a residence permit is not allowed. 3 Article 9. Reception and identification procedures 1. All third-country nationals and stateless persons who enter without complying with the legal formalities in the country shall be submitted to reception and identification procedures. Reception and identification procedures include: a) the registration of their personal data and the taking and registering of fingerprints for those who have reached the age of 14, b) the verification of their identity and nationality, c) their medical screening and provision any necessary care and psycho-social support, d) informing them about their rights and obligations, in particular the procedure for international protection or the procedure for entering a voluntary return program, e) attention for those belonging to vulnerable groups, in order to put them under the appropriate, in each case, procedure and to provide them with specialized care and protection, f) referring those who wish to submit an application for international protection to start the procedure for such an application, g) referring those who do not submit an application for international protection or whose application is rejected while they remain in the RIC to the competent authorities for readmission, removal or return procedures.

11 10 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE For the renewal of the residence permit, the third-country national must lodge an application within two months before expiry of the residence permit. An overdue application for renewal of a residence permit may be submitted up to one month after expiry. In this case, the third-country national is subjected to a fine of fifty (50) euros. Any overdue applications after that one-month period shall not be received, unless there are proven reasons of force majeure. Force majeure is, for example, a serious health problem that prevented the third-country national from promptly lodging the renewal application. The third-country national or the authorized person, to be granted a residence permit, submits the documents according to ministerial decision 27265/2016 (Government Gazette B 1914 / ) in conjunction with Joint Ministerial Decisions, Nos /2015 and 30825/2014, on Specifying documents required for issuing national visas and the granting and renewal of residence permits in accordance with the requirements of Law 4251/2014. Law 4251/2014 also applies in cases of withdrawn asylum applications for third-country nationals. Border procedures provide that after the registration and identification procedures, third-country nationals who are not applicants for international protection or other form of protection and do not have a legal residence title in Greece, are referred to police authorities for deportation, return and readmission procedures (Law 4375/2016 art. 14 para 10). On the islands, practically the moment the person resigns from the asylum application, they are immediately detained and will be on the list for the next readmission to Turkey. Nevertheless, during this period they could apply for a residence permit under article 19A, Law 4251/2014, as amended with Law 4332/2015, if they are eligible. Common requirements for all types of residence permits are:»» Four (4) recent colour photographs, with technical specifications similar to the photographs of passports 4 ;»» A certified copy of a valid passport or travel document recognized by Greek authorities, with the exception of third-country nationals who are objectively lacking passports and can submit, instead of a passport or travel document, a solemn declaration, stating the specific conditions or situations for the existing temporary or permanently objective inability to possess a passport and relevant 4 The photo must be recent, taken in the last month before the submission of the application; the dimensions of the photo must be 4x6 cm (without a frame); the photo must be displayed or printed on high quality white photographic paper, which will not be watermarked or embossed, printed in high definition, without any dots (pixels -raster); it must not be printed by Inkjet or Laser printers.

12 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 11 documents to prove it 5 ;»» An electronic fee according to Article 132 of Law 4251/2014;»» Certificate that an application has been submitted to the relevant health insurance fund to cover hospital, medical and accident expenses or an insurance contract with a private insurance company, if permitted by law;»» Electronic fee of EUR 16, for the printing of the stand-alone document. The printing fee is irrelevant from the submission fee for the granting or renewal of a residence permit, and must be paid even though the person is exempt from paying the submission fee. In general, it should be noted, that there is an obligation to pay the fee, for all third-country nationals, including minors;»» If the place of birth of the third-country national is not mentioned in the passport or it is mentioned in a way not acceptable by Greek authorities, an official public document of the country of birth or origin should be provided, officially translated and legally authenticated, clearly showing the place of birth. In the translation of said document, it should be ensured that the name of the place of birth is also written in Latin characters, even if the language of the country of origin does not use the Latin alphabet.»» Obtaining biometric identifiers (see regulation EC no 380/2008) (fingerprints and signature sample). In particular, taking fingerprints is compulsory as of 6 years of age and the signature sample can be collected on request, during the year the third-country national reaches the age of 12. Finally, the third-country national must submit a medical certificate, if it is not possible to obtain biometrics from any hand due to temporary or permanent inability for medical reasons. Provided that the required supporting documents are complete the competent department shall procure an application certification (certificate Type A), the duration of which is annual. This certificate is specifically granted upon an initial application, when the certificate that an application has been submitted to the competent insurance fund for hospitalization, medical costs and labour accident costs or a health certificate by a Greek State Hospital, wherever said documents are required under the applicable law. In this case, the applicant should provide the missing documents within six months from the submission of the application. The applicant legally remains in the country for the period of validity of that certificate. If at the end of the validity period, the residence permit is not granted yet, the competent department shall procure a new certificate informing about the reasons of not issuing a residence permit. 5 A document of the Consulate of the country of origin, officially legalized and translated by a Greek public authority.

13 12 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE The application entails the consent of the applicant to provide biometric Identifiers. A written notice is given to the applicant, about the way to provide biometric Identifiers. This ensures that the applicant has been informed that it is obligatory to provide biometric Identifiers, and that if he/she refuses to do so, without giving reasons, or if he/she doesn t show up for this purpose, the application could be rejected. If the applicant is present at the time of the submission of the application, the biometric identifiers could be provided then. But when the application for a residence permit has been submitted via an attorney or any other authorized person, said person is served with an invitation for third-country national to provide biometrics on a specific date. The stand-alone residence permit, includes the following:»» holder s photograph;»» the indication of the holder s right of access to the labour market, plus the indication (for national use) of the code number of the public service that has issued the residence permit as well as the file number;»» the holder s digitized signature (if he/she is over 12 years old);»» the date and place of birth as indicated in the passport or in the travel document;»» the code number of the country of birth;»» the gender;»» the specific provision of the law under which the residence permit is granted; and»» the fingerprints, unless the document does not include fingerprints, due to temporary or permanent disability, in one or both hands. The residence permit will be granted to all third-country nationals whose residence status falls within the regulatory scope of Law 4251/2014 (Immigration and Social Integration Code) and Presidential Decree 106/2007 (European nationals family members), whether it concerns an initial granting or renewal of a residence permit. This permit may be granted to third-country nationals who are objectively lacking passports, if, all other requirements are met. Those third-country nationals who were provided until with a residence permit in the form of a sticker are not required to replace it with the stand-alone residence permit, as this will be acceptable for all transactions until the expiration of the residence permit or the passport. The replacement will be carried out during the renewal or reissuing of the residence permit in case of

14 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 13 expiration of the passport on which the residence permit is attached in the form of a sticker (vignette). The residence permit is handed to the applicant by the competent Decentralized Administration or by the Directorate of Migration Policy of the Ministry of Migration Policy accompanied by a delivery receipt and a copy of the relevant decision. When receiving the residence permit, in person or by proxy, the third-country national should present the passport or any other travel document, save in the case of persons who have been found to be objectively unable to produce a passport. A necessary condition to deliver the acceptance decision of the residence permit application is the return by the applicant of the submission certificate. If the applicant does not show up to receive the residence permit, the relevant permit shall be retained for up to one month after the expiry, and may be delivered to the applicant, if he/she shows up in person or by proxy, within that period. After this period and within a reasonable time, the applicant could be delivered an exact copy of the relevant decision of the Coordinator of the Decentralized Administration or Ministry of Migration Policy, only in case the applicant claims a legitimate interest. The delivery of the above exact copy of the decision shall not entail the ability of renewal of the residence permit, unless it is proven that untimely delivery of the residence permit was due to force majeure. Rejection decisions or decisions to withdraw residence permits, incorporating decisions on return, are delivered by the competent service of the Decentralized Administration or the competent Directorate of the Ministry of Migration Policy, which issued it, accompanied by a delivery receipt and a true copy of the relevant decision. Such decision shall be issued within sixty days from the date that a written notice was sent to the applicant. On receipt of a rejection or withdrawal decision, whether in person or by proxy, the recipient shall present his/her passport or any other travel document, except those who are objectively unable to present a passport, and hand in the certificate. Notification of rejection or withdrawal of residence permits shall be made by written notice. Past expiration of the deadline, interested persons shall receive a copy of the relevant decision on the rejection or withdrawal of the residence permit. The residence permit will not be issued or renewed, or will be withdrawn if:»» The requirements are not met;»» An official document is issued by a competent Greek authority or a final court judgment stating that false or misleading information, false or falsified documents were used, that fraud was otherwise committed or other unlawful means were used for the issuance of the residence permit;

15 14 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE»» The applicant does not respond within two months to a written notice for any matter concerning the procedure for the issuance of the residence permit. If a granted residence permit is withdrawn or if an application to grant or renew a residence permit is rejected, the competent according to each case services shall issue a return decision. Remedies against such a decision shall not be considered if sought past a reasonable period of up to six (6) months from delivery of the decision, save in the case of reasons of force majeure. II) Types of Residence Permits 1) Residence Permit to third-country nationals and minors, victims of trafficking and smuggling Article 3 of the Protocol to Prevent Suppress and Punish Trafficking in Persons, defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat or use of force or other forms of coercion, abduction, fraud, deception, the abuse of power or a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. According to the Greek Immigration and Social Integration Code (Law 4251/2014), a victim of trafficking means both a person for whom there are substantial reasons to be considered a victim of any of the crimes described in Articles 323 (Slave Trade) 6, 323A (Human Trafficking) 7, 323Β 8 (Conducting 6 Article Slave Trade 1. Any person who proceeded to slave trade is punished by imprisonment. 2. The slave trade includes any act of capture, acquisition and disposal of an individual, which seeks to make him a slave, any act of acquisition of a slave with the purpose of resale or exchange, the act of assignment by sale or exchange of an acquired slave and generally any act of trade or transport of slaves. 3. Any person who undertakes any service onboard a ship, knowing that the ship is intended to carry out slave trade or not is being already used for this purpose, as well as any person who remains voluntarily in this service knowing the destination of the ship or its use for such purpose, is punished by imprisonment of at least six months. 4. Any person who contributed directly or indirectly to chartering the ship knowing that the chartering is to undertake trade in slaves, is punished by imprisonment of at least six months. 5. Any person who transports slaves from one place to another, without the purpose of trafficking them, but even without this transportation taking place to release them, is punished by imprisonment.

16 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 15 trips whose purpose is for participants to engage in intercourse or other indecent acts against children - sex tourism), (Seduction of minors) (1) and (4), (Abuse of minors) (1) and (2), 348Α 11 (Child pornography), 6. Punished by the same sentence is the owner and the captain of the ship, by which such transportation of slaves would take place with them knowing. 7 Article 323A - Human trafficking (for labour exploitation and removal of organs) 1. Whoever with the use of violence, threat or other coercive means or with the exercise or abuse of power, hires, transports or transfers within or outside the country, detains, harbours, encourages, delivers with or without compensation or takes from another person a person to take organs from his body or to exploit his labor is punished with imprisonment of up to ten years and pecuniary sanction of 10,000 to 50,000 Euros. 2. This sentence is also imposed to offenders who attain the same end misleading victims taking advantage of their situation by making false promises and commitments, offering gifts, presents or other benefits. 3. Those, who will full cognizance accept the work of persons under the situation described in para 1 and 2 are punished with imprisonment of at least six months. 4. Offenders whose actions are committed: a) against a minor; b) by profession; c) by an employee who, while exercising his duty or taking advantage of his capacity, commits or participates in any way whatsoever in the act; d) have as consequence serious bodily injuries of the victims are punished with imprisonment of ten years minimum and pecuniary sanction of 50,000 to 1000,000 Euros. 5. Whoever uses the means mentioned in paragraphs 1 and 2 to recruit minors with the purpose to use him/her in armed conflicts shall be punished with imprisonment of at least 10 years and a fine of 50,000 to 100,000 Euros. 6. The perpetrator of the acts mentioned in the previous paragraphs shall be punished with life imprisonment if the act resulted in the death of the victim. 8 Article 323B - Conducting trips whose purpose is for participants to engage in intercourse or other indecent acts against children (sex tourism), according to which any person who organizes, finances, directs, supervises, advertises or intermediates in any manner or means in the holding of trips whose purpose is for participants to engage in intercourse or other indecent acts against children shall be punished by imprisonment for up to ten years (i.e. imprisonment from 5 to 10 years on the basis of article 52 3 PC). Any person who participates in the trips referred to in the preceding sentence with the said purpose shall be punished by imprisonment for at least one year (i.e. imprisonment from 1 to 5 years based on article 53 4 PC4), irrespective of their liability for the commission of other acts. 9 Article 339 1,4 - Seduction of minors 1. One who commits an indecent act with a person under 15, or causes this person to commit or undergo such an act through deception, is punished as follows: a) if the victim is under 12, with at least ten years imprisonment; b) if the victim is years old with up to ten years imprisonment; c) if the victim is 14 or 15 years old, with at least two years imprisonment. 4. Anyone who incites or lures a minor, under fifteen (15) to attend among others a lewd act, even if not involved in it, is punishable with imprisonment of at least two years. 10 Article 342 1,2 - Abuse of minors 1. An adult who commits lewd acts with a minor, entrusted for supervision or guarding, even temporarily, is punishable as follows: a) if the victim is under 14, with imprisonment of at least ten years, b) if the victim is years old, with imprisonment. 2. If the act is committed by: a) a relative, b) a person cohabiting with the minor or maintaining friendly relations with his/her relatives, c) a teacher, educator, trainer or any other person tutors the minor, d) a person who receives the services of a minor, e) priest with whom the child maintains spiritual connection, f) a psychologist, a doctor, nurse or skilled person that provides services to the minor, g) by a person abusing mental or physical disability of the minor.

17 16 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 348Β 12 (Recruitment of children for sexual purposes), (Pandering), (Human Trafficking for sexual exploitation) and 351A 15 (Lewd act against minors for payment) of the Greek Penal Code, before criminal prosecution; and a person against whom any of the above crimes were committed and for which proceedings were initiated, irrespective of whether this person has entered the country legally or illegally. Under the previous indent, when the victim of the crime set out in Article (Rape) of the Penal Code is a minor, he/she is considered a victim of trafficking. The victim of trafficking status is granted by the competent First-Instance Prosecutor, both after initiating proceedings against a crime as described above or before any criminal prosecution for the above offences. In the latter case, the release of the residence permit requires the written opinion of two experts, either psychiatrists, psychologists or so- 11 Article 348Α - Child Pornography 1. Any person who intentionally produces, distributes, publishes, imports or exports, transports, offers, sells or in any other way disposes, buys, is supplied with, buys, obtains, acquires or possesses child pornographic material or disseminates or transmits information in relation to the commission of the above acts, is punished by imprisonment of at least one year and pecuniary sanction of 10,000 to 100,000 Euros. 2. Any person who intentionally, produces, offers, sells or in any way disposes, distributes, transmits, buys, obtains or acquires child pornographic material or disseminates information in relation to the commission of the above acts via a computer system or by using the Internet is punished by imprisonment of at least two years and pecuniary sanction of 50,000 to 300,000 Euros. 3. The representation or the real or virtual impression in an electronic or another medium of the body or part of the body of a minor in a manner that clearly causes sexual arousal, as well as of the real or virtual indecent act conducted by or with a minor, comprises child pornography within the meaning of the preceding paragraphs. 4. The acts of the first and second paragraph are punishable by imprisonment of up to ten years and a pecuniary sanction of 50,000 to 100,000 Euros if: a) they were committed as a profession or habitually; b) the production of child pornography material is connected with the exploitation of the needs, the mental or emotional health or physical disability due to an organic disease of a minor or with exercising or threat of using force on a minor or by utilizing a minor who has not attained the age of 15; and c) if perpetrator who produced the material is one of the reported cases a) to f) in paragraph 2 of article 342 persons. If such an act as described in cases b) and c) resulted in serious bodily injury of the victim, it will entail a sentence of at least ten years imprisonment and a pecuniary sanction of 300,000 to 500,000. If, however, such an act resulted in the victim s death, then life imprisonment is imposed. 12 Article 348 B - Recruitment of children for sexual purposes According to which any person who intentionally uses the information and communication technology to propose to an adult to meet a child less than 15 years old with the purpose of committing the offences referred to in paragraphs 1 and 2, articles 339 and 348A, namely the offences of child seduction and child pornography, when such proposal is followed by further acts leading to the commission of such offences, shall be punished by imprisonment for at least two years (i.e. from 2 to 5 years) and a pecuniary sanction from 50,000 to 200,000 euros;

18 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE Article 349 Pandering 1. Those who act as go-between to other persons sexual desires, procure and encourage, harbour or force or facilitate or participate in the prostitution of minors, shall be punished with imprisonment of up to ten years and with a pecuniary sanction of 10,000 to 50,000 Euros. 2. The perpetrator shall be punished with imprisonment and a fine of 50,000 to 100,000 Euros if the crime was committed: a) against minors under the age of 15; b) by means of deception; c) by a relative in the ascending line, whether blood or in law, by an adoptive parent, spouses, guardians, or others who teach, have custody of, take care of, guard or supervise underage minors; d) by an employee who, while exercising his duty or taking advantage of his capacity, commits or participates in any way whatsoever in the acτ; e) with the use of electronic means of communication, f) with the offer or promise of payment of money or any other benefit. 3. Whoever by profession or for profit, promotes women to prostitution shall be punished with imprisonment of at least 18 months and a pecuniary sanction. The commitment of the act by an employee, who during the execution of his duties or by taking advantage of his capacity as employee commits or participates in any way in the act is an aggravating circumstance. 14 Article 351 Human Trafficking for sexual exploitation 1. Any person who by use of violence, threat or other coercive means or by imposition or abuse of authority, engages, transports or transfers within or outside the Greek territory, detains, harbours, delivers for or without exchange to another person, or receives from another person proceeding to his/her sexual exploitation is punished with imprisonment of up to ten years and pecuniary sanction of 10,000 to 50,000 Euros. 2. The liable person is punished by the sentence of the previous paragraph if, in order to achieve his purpose, he elicited the consent of the person by using deceitful means or misguided him taking advantage of his vulnerable situation by promises, gifts, payments or giving other benefits. 3. Any person who engages in indecent acts with a person under the conditions described in paragraphs 1 and 2 shall be punished by imprisonment of at least six months. 4. Punished by imprisonment of at least ten years and pecuniary sanction of 50,000 to 100,000 Euros is the liable person, under the previous paragraphs, if the act: a) is committed against a minor, or is connected with the victim s mental disability or deafness; b) is committed by one of the persons referred to in case c, paragraph 2, Article 349; c) is connected with the illegal entry, residence or exit of the victim from the country; d) is committed as a profession; e) is committed by an employee who, while exercising his duty or taking advantage of his capacity, commits or participates in any way whatsoever in the act; f) resulted in grievous bodily harm of the victim. 5. Life imprisonment is imposed if certain of the acts of the first and second paragraph resulted in the death of the victim. 6. Sexual exploitation, in accordance with the previous paragraphs, comprises the attempt out of profiteering of any whatsoever indecent act or the utilization out of profiteering of the body, the voice or the image of the person for the actual or feigned attempt of such act or for the rendering of work or services aiming to sexual arousal. 15 Article 351A - Lewd act against minors for payment 1. Adults who perpetrate lewd acts with under age persons with remuneration or other material considerations, adults who cause lewd acts to occur between under age persons before themselves or before others, are punished as follows: (a) if the victim is less than ten years old, by imprisonment of at least ten years and pecuniary sanction of 100,000 to 500,000 Euros, (b) if the victim is years old, by imprisonment of up to ten years and pecuniary sanction of 50,000 to 100,000 Euros, and (c) if (the victim) is over fifteen, by imprisonment of one year at least and pecuniary sanction of 10,000 to 50,000 Euros. Article 83 para e is not taken into consideration in apportionment of the penalty. 2. Habitual perpetration of the act according to the previous paragraph comprises an incriminatory condition. 3. Life sentence is imposed if the act of the first paragraph caused the death of the victim. 16 Article Rape 1. Any person who by physical force or threat of serious and immediate danger forces another person to sexual intercourse or other indecent act or its tolerance is punished by imprisonment. 2. If the act of the previous paragraph was committed by two or more perpetrators who were acting in common, an imprisonment of at least 10 years is imposed.

19 18 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE cial workers, employed in a protection or assistance service or unit referred to in Articles 2, 3 and 4 of Presidential Decree 233/ , as in force, or the Initial Reception Service, NGOs, the IOM, International Organizations or other specialized and state-recognized protection and assistance bodies, pursuant to the provisions of Articles 2, 3 and 4 of Presidential Decree 233/2003. The status is issued, regardless of whether the victim is cooperating with the criminal investigation authorities, where the prosecutor deems appropriate, following the consent of the Prosecutor of Appeals that the conditions 17 GOVERNMENT GAZETTE OF THE HELLENIC REPUBLIC Number 204A, August 28, 2003 Presidential Decree Number 233 Protection and Aid to victims of crimes provided for in articles A, and 351A of the Penal Code, mandated by article 12 of Law 3064 of 2002 THE PRESIDENT OF THE HELLENIC REPUBLIC Having regard to: 1. The provisions of article 12 of law 3064 of Article 29A of Law 1558 of 1985, addendum of article 27 of Law 2081 of 1992 and supplemented by article 1 of Law 2469 of The decision of the Prime Minister, and the Minister of Finance on competence of Deputy Ministers of National Economy and Finance 4. That the annual cost caused by the provisions of the present cannot be estimated and would be carried by the budgets of Public Services, Municipalities and Legal Entities of Public Law 5. Presidential Decree 81 of 2002 about merger of Ministries of National Economy and Finance 6. The opinion No 328/2003 of the Council of State on the draft proposed by the Ministries of Interior, Public Administration and Decentralization, National Education and Religions, Labor and Social Security, Health and Welfare, Justice, Public Order and National Economy and Finance, We decide: Article 1 1. Protection is offered to victims of crimes provided for in articles 323, 323A 349, 351, 351A of the Penal Code (to be called victims ). 2. For the purposes of the present legislation, a victim is any person, Greek or foreigner, whose life, corporeal integrity, and personal and carnal liberty has suffered damage or has run an immediate risk. 3. For the purposes of the present legislation, public sector and local municipalities services and units that can offer protection and assistance to the victims of trafficking, are considered Services or Units of Protection and Aid. Article 2 1. Protection and aid granted to victims who have sought shelter to Protection and Aid Services and Units referred to the annex of the present, for crimes provided for in article 1, para 1 of the present, irrespective of a criminal suit. 2. Protection is granted for as long as the danger exists and aid for the period judged necessary by the authorities granting protection and aid. Article 3 Competent Ministries, Legal Entities of Public Law and Municipalities may cooperate and make agreements with

20 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 19 set out in Article 1 (2) of Presidential Decree 233/2003 are met or that the victim is not cooperating because of threats against members of his/her family who are in Greece, in his/her country of origin or elsewhere and that, if the victim is not protected or removed from the country, these persons face an imminent danger. This process also applies for granting a person the illegal immigrant smuggling victim status, as defined. Victim of illegal immigrant smuggling means both a natural person who, based on valid reasons, may be considered a victim of any crime referred to in Legal Entities of Public Law, Legal Entities of Private Law of nonprofit character, and/or non-governmental organizations. The agreements concluded should define in detail the duties and obligations of the parties involved, the duration of the agreement and all relevant issues. Article 4 1. Services and units providing protection and aid must take the necessary measures for the safety of the victims and of their personnel, as well as for the safety of their premises. Protection and aid units may request help and advice on security from the Police. 2. In case there is a need to move a victim out from the shelter because his/her life, corporeal integrity, and personal and carnal liberty are in an immediate risk, assistance is provided by the police. 3. Assistance provided by the police is regulated by article 159 and 161 of Presidential Decree 141/1991). Article 5 Victims who are under 18 years of age have the right to attend public schools, which have or are going to have foundation and cramming classes, or intercultural curricula. Article 6 1. Victims who are not over 23 years of age and have the necessary enrollment qualifications may be accepted to attend vocational training schools, in excess of the number of the students usually enrolled and without observing routine procedures. 2. The Vocational Training Company would create special vocational training programs corresponding to the needs of victims who are 15 years of age. Article 7 1. Free medical and hospital care is provided to the destitute and uninsured victims by the Public Health system as long as they are under the protection of shelters. 2. The necessary certificate for free care to the victims is issued by the Police. Article 8 The protection and aid units provide legal assistance and translation services to the victims who do not speak Greek. Article 9 1. In accordance with article 18 para 18 of Law 2503 of 1997, a special Standing Committee consisting of representatives from the Ministries of National Economy, Finance, Interior and Public Administration, Education and Religion, Labor and Social Security, Health and Welfare, Public Order and Justice and Ministry, will be created at the Ministry of Health and Welfare. 2. The scope of the Committee is to coordinate protection and aid to the victims, to issue circulars on any problems that may arise in connection to the implementation of the present, to collect statistics, and to suggest measures for the improvement of services to the victims. 3. The Committee may invite to its sessions a representative of the Standing Parliament Committee for Gender Equality and Human Rights. Article 10 The present legislation will come into force on the day it appears in the Government Gazette.

21 20 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE Articles (5) and (6) and 30 19, according to Law 4251/2014, when committed by criminal organizations, according to Article (1) of the Penal Code, before criminal prosecution, and the person against whom any of the above crimes were committed and for which criminal proceedings have been opened if that person has entered into the country illegally. a) Residence permit to third-country nationals and minors, victims of trafficking and smuggling of migrants if cooperating with the prosecuting authorities (Articles Law 4251/2014) 21,22 Two Bangladesh nationals living in Greece, having no permit to work, had been working from October 2012 until February 2013 to collect strawberries in a farm in Manolada. They were promised a salary of 22,00 euros for seven hours of work, and 3,00 euro for each hour of overtime. They lived in makeshift huts without toilets or running water. When they complained, the caretakers opened fire on them. They were granted a residence permit for humanitarian reasons by the Ministry of Migration Policy. The case of Manolada (Case of Chowdury and others V. Greece) is the well-known case that led to the recent conviction of Greece by the European Court of Human Rights. If they do not fall under the provisions of Article 1 (2), Presidential Decree 233/2003, third-country nationals who have been identified as victims of trafficking in human beings or smuggling shall be granted a 3-month reflection period allowing them to recover and escape the influence of the perpetrators so that they can take an informed decision as to whether to cooperate with the prosecuting authorities. Especially with regard to minors who are victims of trafficking in human beings or smuggling, this period may be extended by two months, by decision of the competent public prosecutor, taking due account of the best interests of the minor. By decision of the competent public prosecutor, the reflection period may be terminated prior to its expiration if: a. the competent prosecuting authority establishes that the above person has actively, and at his/her free will and initiative renewed contacts with the perpetrators, or that the information considered for his identification as a victim of trafficking and smuggling was false, or b. there are reasons of public order and security. During the reflection period, the persons referred to in the above paragraphs are not expelled and any decision on return shall be suspended. The competent first-instance prosecutor or police authority or social support bodies shall inform the third-country national who is a victim of trafficking in human beings or smuggling that he/she is entitled to apply for a residence permit, as set out above, and provide relevant information. In the case of third-country