Systematic detention of migrants and asylum seekers entering Greece Currently newly arriving migrants and asylum seekers are systematically detained upon arrival. The detention of irregular migrants is legally justified on the grounds of authorities needing to organize their deportation.11 National migration law stipulates that irregular entrance in or exit from the country can result in the deportation12 of a third country national.13 A third country national who enters Greece in an irregular manner can be placed in administrative detention for a period of up to six months, with a possible extension of up to twelve months, until his/her deportation is organized.14 It should be noted that, according to the law, administrative detention is justified only if there is a risk that the person would abscond, or if s/he poses a danger to public order.15 In practice, however, instead of being used as a last resort, the detention of new arrivals is applied systematically as a first response. According to Article 31 of the 1951 Geneva Convention Relating to the Status of Refugees no penalties shall be imposed “on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened …, enter or are present in their territory without authorization...” Furthermore no restrictions shall be imposed “to the movements of such refugees… other than those which are necessary.” 16 7 In accordance with Greek legislation new arrivals who apply for asylum while in detention are to remain detained until their asylum case is examined, which should be done “with priority.”17 However, MSF has encountered asylum seekers who remained in detention for a long period of time and, as a result of their lengthy detention, decided to withdraw their asylum application. Detention centers for migrants, formally referred to as “Special holding facilities for illegal immigrants”, can be established “pursuant to a common decision of four Ministers which shall also determine the specifications for their operation.”18 However, until the time of writing this report, May 2010, detention centers operated without a clear legal framework. New arrivals are also detained in other facilities, such as border police stations where living conditions for detained migrants are substandard as well.19 Apart from new arrivals, migrants who are arrested trying to leave the country without valid documentation, Dublin II returnees20 or irregular migrants who are arrested during police “sweeps” are also detained in police stations all around the country. Irregular migrants can therefore be subjected to multiple detentions.21