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GREECE
IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS
5. DETENTION CONDITIONS
On the basis of Amnesty International’s visits to various immigration detention centres and
borderguard stations, the testimonies of detained irregular migrants and asylum-seekers, and
reports from other NGOs and refugee support groups, the organization is concerned that
conditions in many of the places where irregular migrants and asylum-seekers are detained
remain poor and do not conform to international human rights standards.
Irregular migrants and asylum-seekers held for immigration related purposes may be detained
for prolonged periods and under poor conditions in facilities such as borderguard stations and
police stations, which are designed only for short term detention. Many detention facilities
suffer from overcrowding, lack of beds and clean bedding, lack of hygiene products,
unhygienic conditions, insufficient or no access to medical assistance, and insufficient food.
Detainees may also be denied access to clean water and toilet facilities. Several of the
irregular migrants and asylum-seekers spoke of incidents of inhuman and degrading
treatment by police officers or coastguard officers while they were in detention, and
inhumane conditions of transfer from one detention centre to another.
International human rights standards such as Article 7 of the International Covenant on Civil
and Political Rights (ICCPR) and Article 3 of the ECHR prohibit torture, cruel, inhuman or
degrading treatment. Article 10 (1) of the ICCPR stipulates that “all persons deprived of their
liberty shall be treated with humanity and with respect for the inherent dignity of the human
person”.117
Article 16(1) of the Returns Directive states that detention shall take place as a rule in
specialized facilities and if this cannot be provided and third-country nationals are detained
in prisons, they should be kept separately from ordinary prisoners. 118 Article 16(3) of the
Directive stipulates that “…particular attention shall be paid to the situation of vulnerable
persons. Emergency health care and essential treatment of illness should be provided”.
Articls 17 and of the Directive stipulates that “…families with minors shall only be detained
as a measure of last resort and for the shortest appropriate period of time” (para 1); and that
“families detained pending removal shall be provided with separate accommodation
guaranteeing privacy” (para 2).
In addition, UNHCR Guidelines set out agreed practices for detained asylum-seekers in the
limited circumstances in which such detention is justified.119 The recommendations include
that conditions of detention for asylum-seekers should be humane and prescribed by law; for
men to be segregated from women, and children from adults, except when they are part of a
family group; and for asylum-seekers to have the opportunity to conduct some form of
physical exercise through daily indoor and outdoor recreational activities, and to have access
to basic necessities such as beds, showers, facilities and toiletries.
National legislation standards regarding the conditions under which irregular migrants and
asylum-seekers should be held can be found in PD 90/2008 and the Joint Ministerial
Amnesty International July 2010
Index: EUR 25/002/2010
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