CONCLUSION
The detention of both people seeking asylum and third country nationals in view of removal in Greece is
carried out in a disproportionate manner, and under distressing conditions which do not align with upholding
the dignity of detainees. In addition, the recent amendments to Greek law regarding detention have diverged
considerably from EU law, allowing for the further expansion and normalised use of depriving individuals of
their liberty.
The removal of the obligation to examine alternatives in the amendment made to L3907/2011 by Article 5
4686/2020 is particularly concerning, reversing the use of detention for third country nationals in view of
removal from an exception to the default practice. In addition, the amendments introduced by the IPA which
enabled the detention of individuals who had already entered the asylum procedure, normalised detaining
applicants of international protection, despite it being an exceptional measure of last resort in EU law. As
such, despite third country nationals subject to removal and asylum seekers sitting under different EU and
Greek laws, both groups have witnessed the systematic practice of detention, and are usually treated as one
general category; certainly the people who we spoke with did not distinguish along these legal lines, and
viewed their detention as randomly enforced regardless of the content of their asylum seeking claim. A lack of
clarity and information provision in a language detainees understand is also therefore a critical concern,
highlighting the severely limited understanding that people had regarding the reasons for their detention.
The current use of immigration detention in Greece lies in breach of EU legislation. Yet, current practices in
Greece do not even align with Greek law. Furthermore, the persistence of use of detention despite there
being an extremely limited number of deportations from PRDCs and only for specific nationalities raises strong
doubts regarding the proportionality and justification for their detention, which lies in violation of both Greek
and EU law. This results in the length of detention being entirely arbitrary, with no standardised procedures
for the release of individuals who are still subject to return orders. In addition, the maximum time limit of
administrative detention of 18 months, or even 36 months in certain cases, is excessively used and
disproportionate. Furthermore, without sufficient evidence to justify, for example, detention on the
commonly given grounds of public order, applicants of international protection are held arbitrarily. Any threat
to public order should not be based on vague legal terms, rather, should be evidenced with a specific
accusation with given reasons.[242]
Detention has become a de facto element of asylum and removal procedures in Greece, subjecting individuals
to harsh conditions without lawful justification. Furthermore, the carceral environments which PRDCs
physically resemble, as well as detainees consistently reporting being treated as ‘criminals’, contributes to the
landscape of control and containment which keeps third country nationals isolated and separated from Greek
society. The conditions reported and illustrated by photos throughout the report indicate the appalling
hygiene, poor access to medical care, non-existence of recreational activities and extremely restricted access
to legal and translation services. Deficient procedures and the deprivation of liberty therefore systematically
deprives people of accessing legal aid and other information, endangering their right to access international
protection and right to effective remedy. Despite several years of the CPT calling on the Greek authorities to
urgently implement changes to the facilities, the issues persist, which was further affirmed by the Greek
Ombudsman in 2021.[243] As a result, Mobile Info Team is concerned that people in detention facilities are
subject to treatment which deny their fundamental rights, and conditions which may amount to inhuman or
degrading treatment and thus a violation of Article 3 of the European Convention on Human Rights.
70