12 GREECE IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS 3. DETENTION PRACTICES 3.1. DETENTION OF IRREGULAR MIGRANTS International and regional human rights standards, such as Article 6 of the EU Charter of Fundamental Rights and Article 5 of the ECHR, guarantee the right to liberty and security of person. Article 5(1) ECHR stipulates that “no one shall be deprived of his liberty save in the following cases and in accordance with the procedure prescribed by law”. One of the reasons justifying detention, cited in Article 5(1)(f) of the ECHR, is to prevent an individual effecting an unauthorized entry into the country or a person against whom action is being taken in view of deportation. In addition, Article 15(2) of the EU Returns Directive stipulates that detention ordered for the purpose of removal “shall be ordered in writing with reasons being given in fact and in law”.26 Article 15(4) of the Directive provides that “… when it appears that a reasonable process of removal no longer exists for legal or other considerations … detention ceases to be justified and the person concerned shall be released immediately”. In Greece, the legal basis for immigration-related detention can be found in Law 3386/2005 on “the entry, residence and social integration of third-country nationals on Greek territory”. This law allows the competent police authorities to order the detention of foreign nationals for the purposes of carrying out an administrative deportation order. Article 76(3) of this law stipulates that: “if an alien is considered, on the basis of general circumstances, at risk of absconding or dangerous for the public order or avoids or obstructs the preparation of his departure or the procedure of his deportation” his temporary detention is ordered by the competent Police Director, until the issuance within three days of the administrative deportation order. Once the deportation order has been issued, detention may still continue but cannot exceed a period of six months”. 27 In June 2009, Law 3772/2009 increased the maximum period that an alien may be held in temporary detention pending deportation, from three to six months, despite international concerns over conditions in the various immigration detention centres and borderguard stations.28 Furthermore, the amendments stipulate that the period of detention may be extended for a further period in certain circumstances. The extension of this period may not exceed 12 months, thus detention may last a possible maximum of 18 months. 29 The maximum period introduced by the above amendment reflects the detention period stipulated in the Returns Directive. The Returns Directive has not yet been transposed into Greek legislation. Amnesty International has already expressed its concern that the Directive risks promoting prolonged detention practices in EU Member States.30 Upon arrest at the country’s points of entry, irregular migrants are routinely given a temporary detention order pending an administrative deportation order being issued. The detention order is issued by an administrative authority (local Police Director), it is not approved by a judge and the judicial review of each case is not automatic and regular (see section 3.5. below).31 For the vast majority of those arrested at the Greek-Turkish land and sea points of entry, the deportation order is accompanied by an order for the continuation of detention.32 If a deportation order is not issued within the required three-day period following the Amnesty International July 2010 Index: EUR 25/002/2010