54 GREECE IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS June 2010. 50 The highly criticized current asylum determination procedure, introduced in June 2009, which deprives asylum-seekers of an effective means of appeal also acts as a deterrent for those wishing to seek international protection. 51 Greek Ombudsman, Annual Report 2009, p 42. 52 Police authorities also told the delegates that a few days prior to their visit to Mersinidiou centre, some detainees were reported to have burnt their mattresses in protest against their lengthy detention (Interview with Mr Lagos, Police Director, Chios, and President of one of the Refugee Committees in Chios; Interview with D. Gatsios, Police Officer, Chios Police Station, 28 September 2009). 53 E-mail correspondence with the Ecumenical Refugee Programme, 2 October 2009 and 5 February 2010. 54 Ibid. 55 In their reply to the ECRP, which was also copied to Amnesty International on 1 February 2010, the Greek authorities noted that the asylum-seeker concerned was not detained at the centre but remained there as a guest following a request by the ECRP lawyer representing him because K. had nowhere else to stay. This version of events is contested by the asylum-seeker’s lawyer. 56 Amnesty International, “The new legislative amendment on migrants is an unpleasant surprise”, op.cit. 57 See, OHCHR Factsheet No. 26: The Working Group on Arbitrary Detention, at http://www.ohchr.org/Documents/Publications/FactSheet262n.pdf; Report of the Special Rapporteur on the human rights of migrants, 25 February 2008, UN Doc. A/HRC7/12, para 60; Report of the Working Group on Arbitrary Detention, 10 January 2008, UN Doc. A/HRC/7/4, para 53: “In the view of the Working Group, criminalizing illegal entry into a country exceeds the legitimate interest of States to control and regulate illegal immigration and leads to unnecessary detention”; see also, Special Rapporteur on Contemporary forms of racism, racial discrimination, xenophobia and related intolerance (SR Racism): Mission to Italy, 15 February 2007, UN Doc. A/HRC/4/19/Add.4, para 74. 58 See A/HRC/13/30, op.cit., para 58. 59 The fine may be increased in cases of irregular exit to €3,000 in certain aggravating circumstances. 60 Article 83(2) also gives the Public Prosecutor of the Magistrates Court the discretion to revoke the decision to refrain from criminal proceedings if deportation is not effected within three months. 61 Interview with Mr M Stroubis, Deputy Public Prosecutor, Alexandroupoli, 12 June 2009. 62 Interview with Prosecutor, Mrs A Nikitopoulou, Orestiada, 12 June 2009. 63 There is no embassy of Afghanistan in Greece; the closest one is in Belgium. 64 Following an application by the prison authorities, the suspension of the father’s sentence was reportedly revoked. He remained in prison until he served his prison sentence and time for the monetary fine. Amnesty International was informed by the lawyer of the family that he was released in January 2010 after arrangements were made for the payment of the remainder of the fine. The mother’s brother was reportedly released in August 2009 on the basis of a legislative provision adopted in summer 2009 for the purpose of dealing with prison overcrowding (Electronic correspondence with Elektra Koutra, lawyer, Hellenic Action for Human Rights (HAHR), 21 and 24 June 2010). 65 See also Article 15(2) of the Returns Directive. 66 Article 9(2) ICCPR and Article 5(2) ECHR. 67 Article 15(2) Returns Directive. 68 Article 13(3) of PD 90/2008; Article 76(3) of Law 3386/2005 as replaced by Article 48(2) of Law 3772/2009. The detention order or the decision of the administrative court agreeing with the detention can be revoked at the request of the parties, if such request is based on new evidence such as the Amnesty International July 2010 Index: EUR 25/002/2010