Lodging of first asylum applications in Attica by location
529
436
401
380
409
330
Oct 2022
Nov 2022
Dec 2022
RIC Malakasa
RAO Attica
RAO Piraeus
RAO Alimos
AAU Amygdaleza
AAU Criminal Detainees
Source: Ministry of Migration and Asylum, Monthly Reports.
Legal status and procedures in mainland RIC
De facto detention regime
Greek law does not apply a “fiction of non-entry” into the national territory to persons
undergoing reception and identification procedures, contrary to the Screening
Regulation proposal under negotiation. However, as has been consistently highlighted,
the Asylum Code imposes a “restriction on liberty” to persons subject to reception and
identification procedures which amounts to de facto detention. It entails a prohibition
on exit from the RIC facilities for a maximum of 25 days under a Decision of the Director
of the RIC, to be issued within five days from entry into the facility.29 The measure entails
substantial interference with the personal liberty of newly arrived persons, since they
are required to remain within the RIC and cannot receive visitors outside the facility,
while their movements are restricted and monitored by the authorities.30 It also amounts
to arbitrary detention insofar as it is automatically imposed without following legislative
safeguards on deprivation of liberty of asylum seekers. Such a reading is supported by
Letter of Formal Notice INFR(2022)2156 sent by the European Commission to the Greek
government in late January 2023, under an infringement procedure for incorrect
transposition of Articles 8, 9 and 11 of the Reception Conditions Directive. 31
In practice, reception and identification procedures may take up to 25 days, since the
scheduled date for arrival in mainland RIC does not mean that the uniform registration
29
30
31
Article 40(a) Asylum Code.
See in particular RSA et al., The Workings of the Screening Regulation, January 2021, 8-9,
available at: https://bit.ly/3WIppP8; RSA et al., Deportations and Returns Bill – Comments
from legal organisations, June 2021, 11, available at: https://bit.ly/3xealyn; RSA & HIAS, The
role of the European Commission in the implementation of the EU asylum acquis on the
Greek islands, January 2023, 16, available at: https://bit.ly/3Ih1137.
European Commission, ‘January Infringements package: key decisions’, INF/23/142, 26
January 2023, available at: https://bit.ly/3RdzL8n.
9
RSA REPORT │ 2023
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات