14
GREECE
IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS
with several irregular migrants released from detention, the majority of the “white cards”
seen by Amnesty International were in Greek and in some cases in English. Some of the
irregular migrants believed that the document was an identity card. Irregular migrants
released from Pagani on 26 August 2009 told the organization that they had not had any
explanation in a language they understood of the content of the document given to them
following their release.
In addition, during 2009 and 2010, Amnesty International has received several reports that
groups of irregular migrants and asylum-seekers transferred from immigration detention
centres on islands, such as Samos and Chios, to immigration centres in other areas of Greece
were given no information about either the grounds for or destination of their transfer.39
Amnesty International is opposed to the use of detention for the purposes of migration
control. The authorities should demonstrate in each individual case that such detention is
necessary and proportionate to the objective to be achieved, and that alternatives will not be
effective. Alternative, non-custodial, measures should always be considered before resorting
to detention, and detention should always be for the shortest possible time and must not be
prolonged or indefinite. In addition, there should be a maximum, and reasonable, duration
for detention provided by law. Once this period has expired, the individual concerned should
automatically be released.
Amnesty International considers that detention for the purpose of removal is permissible only
where action is being taken with due diligence towards removal.40 In cases where removal
cannot be effected, deportation should be cancelled or suspended, and those detained for
the purpose of removal should be released.
3.2. DETENTION OF ASYLUM-SEEKERS
Article 31(1) of the Refugee Convention requires States Parties “…not to impose penalties,
on account of their illegal entry or presence, on refugees who, coming directly from a territory
where their life or freedom was threatened in the sense of Article 1, enter or are present in
their territory without authorization, provided they present themselves without delay to the
authorities and show good cause for their illegal entry or presence”. Article 18(1) of the EU
Asylum Procedures Directive provides that “Member States shall not hold a person in
detention for the sole reason that he/she is an applicant for asylum”.41
Article 13(1) of Presidential Decree (PD) 90/2008 transposing the Asylum Procedures
Directive into Greek legislation, stipulates that: “a national of a third country or a stateless
person who is applying for refugee status cannot be detained for the sole reason of his illegal
entry and stay in the country”. However, it also states that asylum-seekers, who have
submitted their asylum application while in administrative detention, remain in detention
while their claim is being assessed. A second ground for the detention of asylum-seekers is
stipulated in Article 13(2) which provides that the police authorities can take a decision in
cooperation with the competent service from the Ministry of Health and Solidarity, ”…to
restrict applicants for asylum to appropriate locations when, and for as long as necessary,
this is needed in order to ascertain the method of entry, the identity and country of origin of
mass irregular entries of applicants, when this is required on grounds of public interest or
public order, or when this is considered necessary for the speedy and effective completion of
the above mentioned procedure”. On the above basis, an asylum-seeker can be restricted up
Amnesty International July 2010
Index: EUR 25/002/2010
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