- 34 D. Immigration detention centres 1. Preliminary remarks a. legislation 57. The main legislative provisions governing the detention and deportation of irregular migrants from Greece are contained in Law 3386/2005 on the entry, residence and social integration of third-country nationals on Greek territory, as amended, and Law 3907/2011 which transposes the provisions of the EU Return Directive 2008/115/EC into Greek law as well as establishing an Asylum Service and First Reception System. The CPT recalls that irregular entry and stay is considered a criminal offence in Greece, which is punishable with a prison sentence of at least three months and a fine, according to Article 83 of Law 3386/2005. However, in almost all cases, the prosecutor opts for administrative deportation. In order to effect the deportation, a person may be detained for up to six months26, with the possibility for an extension by an additional period not exceeding twelve months if an irregular migrant refuses to cooperate with the deportation process or while waiting for requested documentation from the country of origin of the migrant to arrive.27 The detention of an irregular migrant should be reviewed every three months by the body that issued the detention decision or in the case of prolonged detention by the first instance administrative court.28 In sum, persons may be detained for up to 18 months in order to carry out their deportation or return. It should also be noted that Article 30.1 of Law 3709/2011 in respect of the return process states that “any detention should be for the shortest period possible and only maintained as long as removal arrangements are in progress and executed with due diligence.” Further, it states that detention should take account of the “availability of appropriate detention facilities and the possibility to ensure decent living conditions”. 58. The CPT also wishes to recall that asylum seekers are not irregular migrants, although the persons concerned may become so, should their asylum application be rejected, and their leave to stay in the country rescinded. In the CPT’s view, whenever asylum seekers are deprived of their liberty pending the outcome of their application, they should be afforded a wide range of safeguards in line with their status, going beyond those applicable to irregular migrants.29 26 27 28 29 Article 76.1 of the Aliens Law 3386/2005 and Article 30.1 of Law 3907/2011 provide for the reasons for detention, notably risk of absconding, public order/national security and hampering the removal process. See Article 76 of the Aliens Law 3386/2005, as amended by Law 3772/2009 of 10 July. See Article 30.3 of Law 3907/2011. See the CPT’s 19th General Report [CPT/Inf (2009) 27], paragraph 76.