5 WHY SOME MIGRANTS ARE MORE LIKELY TO BE DETAINED The practice of detention by the Greek authorities is unequal, with some groups more likely to be detained than others. Greek legislation does not restrict the use of detention to specific or exceptional cases. Instead, it applies detention to certain groups of migrants who fulfil specific criteria – sometimes without the necessary legal basis for doing so. We describe these groups here. ASYLUM SEEKERS WHO APPLY FOR PROTECTION WHEN NOT IN DETENTION As noted earlier, the law makes it possible to detain asylum seekers who applied for protection when not in detention. In many cases, this detention is imposed arbitrarily and without examining possible alternative measures, despite the status of the detainees as asylum seekers. The competent authorities often justify detention decisions against asylum seekers on the grounds that they pose a danger to public order or national security. There are also cases where detention is imposed for reasons not outlined in legislation, such as due to a breach of geographical restrictions or possession of forged documents. 31 ASYLUM SEEKERS WHO APPLY FOR PROTECTION WHILE IN DETENTION As already mentioned, a very high percentage of asylum seekers who apply for protection while already in detention remain in detention. This is in clear contrast to the law, which indicates that detention – even in this case – should be the exception rather than the rule. 32 ASYLUM SEEKERS ARRESTED ON THE MAINLAND FOR VIOLATING GEOGRAPHICAL RESTRICTIONS In addition to the general reasons for detention that are listed in Greek law, the authorities have introduced several measures linked to Greece’s geography. Since the announcement of the EU-Turkey Statement in March 2016, the EU has supported Greece to restrict asylum seekers to the Aegean islands closest to Turkey, from which they can be returned after a short assessment. To implement this arrangement, Greece began to restrict the movement of asylum seekers arriving from Turkey, bringing in a number of new measures. 14