EXECUTIVE SUMMARY Detention of migrants in Greece has increased considerably in recent years. Until 2020, Greek law stated that detention could be used only as a last resort. However, as of July 2021, 3,000 migrants were in administrative detention, meaning that they were detained without any criminal charges against them. 1 Of these, nearly half (46%) had been detained for more than six months. Greece recently passed legislation making it possible for the authorities to detain people seeking asylum. This was followed by a change to the law to give the authorities the power to put non-asylum-seeking migrants into detention without examining alternative measures. Both legislative changes undermine the right to freedom of movement and threaten access to asylum procedures. These measures brought in by the Greek government are making detention the rule rather than the exception. This paper determines seven distinct categories of people who are being detained unfairly: 1. People seeking asylum while already in detention. 2. People with no papers. 3. Asylum seekers who violate the geographical restrictions imposed on them. 4. All asylum seekers arriving on the island of Kos. 5. Migrants and refugees being detained before allegedly being pushed back. 6. People seeking asylum while not in detention. 7. Asylum seekers whose asylum applications have been impossible due to administrative deficiencies. The duration of detention differs depending on whether the person is an asylum seeker or a non-asylum-seeking migrant. Recent changes to the law have made it possible to extend the detention period for asylum seekers to 18 months. For non-asylum seekers, detention often exceeds six months. The Greek authorities refuse to examine alternatives to detention, even in cases where a deportation decision has been made but cannot be implemented. Turkey, for example, has been refusing returns of migrants and asylum seekers from Greece due to COVID-19 restrictions. Individuals who would have been returned are now being placed in detention instead of less harsh alternatives. The administrative courts can decide to place or keep someone in detention in two instances: an approval to extend detention on the courts’ own initiative, and an examination of appeal by the detainee. The courts too often approve the extension of detention on their own authority, which shows a structural problem and underlines the importance of legal aid for detention cases. Detention conditions have been strongly criticized, with the European Court of Human Rights finding that they may even violate Article 3 of the European Convention on Human 3