1 INTRODUCTION
Since 2016, Greece has been the sandbox for the development of new European asylum
policies. In the absence of EU-wide consensus on the reform and harmonization of the
Common European Asylum System, the Greek government, with the support of the
European Commission, has reformed its laws and practices. One of these practices is
the increased use of administrative detention to control and deter asylum seekers and
restrict their freedoms. 2
This report looks at the practice of administrative detention of migrants in Greece. It
examines how widespread the practice is, its compatibility with human rights (especially
the duration of detention and detention of persons with vulnerabilities) and suggests
alternatives to detention. The paper describes the legal provisions on administrative
detention and the instances in which the authorities use administrative detention,
especially concerning asylum seekers. The paper also features testimonies from people
who have been detained while seeking asylum.
According to existing legislation and in accordance with EU administrative law,
detention of asylum seekers should only be used as a last resort. Depriving people of
their freedom is dehumanizing and should not be undertaken unless all other options
have been considered, especially in relation to people who are simply seeking safety. As
there are alternatives to detention that are not being utilized, detaining people for
immigration reasons is therefore a political choice. Our research shows that the Greek
authorities, rather than looking at alternatives, are imposing detention in a generalized
manner, including on asylum seekers. This generalized detention is often prolonged due
to administrative delays and comes at the cost of migrants’ rights. Greek legislation
allows for this generalized trend of detention.
A recent amendment to the law gave Greek authorities the power to impose detention
on undocumented migrants without first examining the possibility of alternative
measures. The Greek authorities also appear to be promoting the EU-introduced model
of ‘closed and controlled’ centres as a means of controlling the movement and living
conditions of the refugee population. Images from the recently opened centre in Samos,
which is due to house 3,000 asylum seekers, reveal the reality of generalized detention
– a breach of the right to liberty and a dead end for the purpose of integration. It is
important to note that the construction of this new ‘closed and controlled center’ is
fully funded by the Asylum, Migration & Integration Fund of the European Union. 3
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