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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