52 GREECE IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS children and victims of trafficking during the whole duration of their stay at the centre; creation of the profile of each individual and referral. The two special procedures are age and nationality identification. 21 Ministry of Citizens’ Protection press release, 18 May 2010, at http://www.yptp.gr. 22 Phone Interview with Afroditi Al Salech, Special Advisor to the Deputy Minister of Citizens’ Protection, 15 June 2010. 23 Migration-Related Detention: A research guide on human rights standards relevant to the detention of migrants, asylum-seekers and refugees, op.cit. 24 Irregular Migrants and Asylum-Seekers: Alternatives to Immigration Detention, op.cit. 25 Amnesty International was not allowed to view the detention areas of Patmos police station nor of the borderguard stations at Metaxades and did not view the detention areas in Neo Heimonio and Tychero because there were no migrants and asylum-seekers detained at the time of the organization’s visit. 26 European Parliament and Council Directive 2008/115/EC, 24 December 2008, Official Journal of the European Union (OJ) L 348/98. 27 See Article 76(1) and (2) for the grounds for issuing administrative deportation orders and the time limits for raising objections against the issuing of deportation orders. The decision of the police to continue detention is usually not separate but is incorporated into the deportation order. 28 Article 76(3) of Law 3386/2005 as amended by Article 48(2) of Law 3772/2009. 29 The grounds for extension for a further period are: delays in effecting deportation due to the alien’s refusal to cooperate or delays in the receipt of necessary documents from the alien’s home country or country of origin (Article 76(3) of Law 3386/2005). The latter requirement places a burden on those detained, which many cannot fulfil if circumstances in the country of origin, such as armed conflict and lack of state structure, can delay or make impossible the acquisition of appropriate documentation (see UNHCR Office in Greece, Position on amendments relating to the detention of aliens pending deportation, 22 June 2010). 30 “EU Return Directive affects dignity and security of irregular migrants”, AI press release, 4 July 2008. 31 See comments in Report of the Working Group on Arbitrary Detention, A/HRC/13/30, 15 January 2010, para 61. 32 Phone Interview with Police Officer A, Mr Karaiskos, Attika Aliens’ Police Directorate, 15 July 2010. 33 Interview with Leda Lakka, GCR lawyer, 12 April 2010; see Mohd v Greece, Judgment of 27 April 2006 (Application 11919/03). The applicant, a Bangladeshi national who had been sentenced to four months’ imprisonment for selling fake DVDs, was held in detention without a deportation order being issued for a period of seven days. The ECtHR held that his detention was unlawful and a violation of Article 5§1(f)). 34 In some police stations, there are cells which are used solely for the detention of irregular migrants and asylum-seekers arrested for immigration-related reasons. 35 Reply of the Attika Aliens’ Police Directorate (Department for Deportations) to the Greek Section of Amnesty International, 27 January 2010. 36 See Tabesh v. Greece, op.cit; see also concerns over the lawfuness of the practice in a fax sent to the Ministry of Citizens’ Protection and the Greek Ombudsman by GCR on 8 June 2010, p 8 ( “The poor practices in asylum determination procedures as described in a GCR fax to the competent Greek authorities”, press release, 17 June 2010). 37 Interview with Police Director, 18 June 2009. The maximum period of administrative detention at that time was three months. The Readmission Protocol was signed on 8 November 2001 and was ratified by Law 3030/2002. Until recently, Turkey accepted requests for the return of Turkish nationals and some other nationalities such as Iranians, but not Afghan nationals. On 14 May 2010, Turkey agreed to take all necessary measures for effective implementation of the Readmission Protocol in a Joint Amnesty International July 2010 Index: EUR 25/002/2010

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