Pre-removal detention orders: 2021 Removal decisions Detention orders Detention rate Deportation: L 3386/2005 4,578 4,553 99.5% Return: L 3907/2011 24,124 15,666 65% Return decisions under L 3907/2011: 2021 Deportation decisions under L 3386/2005: 2021 25 8548 15666 4553 With detention Without detention With detention Without detention In the particular case of Kos, the B’ Dodecanese Police Directorate issued 989 deportation decisions with detention and only 2 deportation decisions without detention. Conversely, it issued 81 return decisions with detention and 78 without detention.14 This means that, whereas 51% of return decisions pursuant to L 3907/2011 involved detention, 99.8% of deportation decisions pursuant to L 3386/2005 were accompanied by detention. Finally, the circumvention of the Return Directive at the borders is compounded by Article 1 L 4825/2021 which prioritises the use of deportation procedures over return procedures in those cases, without even complying with the minimum standards set by Article 4(4) of the Directive and Article 19(2) L 3907/2011. Detention conditions Detention conditions in pre-removal detention centres remain problematic and incompatible with human rights and EU and domestic legal standards, as has recently been recalled by the Council of the European Union in relation to Tavros, Amygdaleza and Kos in particular.15 14 15 Ministry of Justice, Reply to parliamentary question, 43/2022, 11 March 2022, available at: https://bit.ly/3N43ePN. Council Implementing Decision setting out a recommendation on addressing the deficiencies identified in the 2021 evaluation of Greece on the application of the Schengen acquis in the field of return, 13662/21, 10 November 2021, para 9, available at: https://bit.ly/3xbpgZS. 3 RSA LEGAL NOTE│ 2022