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conditions are often appalling and unhygienic, and facilities were in a poor
state of repair.28
As a result, Greece was convicted repeatedly by the European Court of Human
Rights in connection to the detention of migrants and asylum-seekers for violations
of the European Convention on Human Rights; in particular for violations of Article
3 which prohibits inhuman and degrading treatment and Article 5(1), which ensures
the rights to liberty and security.29 Ironically, however, this immigration detention
policy has been made possible in part due to the co-financing by European
Commission Funds, such as the European Return Fund, which finances – with a rate
of up to 95 per cent – costs relating to the operation of immigration detention
centres in Greece.30
4. I MP AC T OF D E TE NT IO N O N M I GR A NT S’ HE A LT H
A N D M SF ’ S R E S P O NS E
MSF has a long history of working with people on the move since its foundation in
1971, motivated by recognition of their increased vulnerability during different stages
of the displacement process. This is considered by MSF as an area where life, health,
and human dignity are put at risk, and detention is one of the harmful experiences
faced by people during the migration process.
As increasing numbers of migrants have been detained over the past few years,
MSF and other humanitarian organisations have responded to their medical and humanitarian needs, which remain unmet in detention. More specifically, MSF has provided medical and relief support to migrants and asylum-seekers held in detention
facilities in different countries and contexts since 2004, including Greece, Malta,
Belgium, Italy, Yemen, South Africa, and Malaysia. The situation of migrants and asylum-seekers in detention has been worryingly similar across the countries where
MSF worked: serious barriers to accessing healthcare, including mental healthcare;
interruption of medical treatment; absence of a system for the identification and
management of vulnerable persons, including minors, pregnant women, torture victims, and seriously ill patients; very limited access to support services such as legal
aid and interpretation; and lack of communication with the outside world.31
28 The Greek legislation in accordance with EU legislation sets an upper limit of 18 months for the detention of migrants and asylum-seekers. However, even this upper limit has recently been violated following
an Advisory Opinion (44/2014) of the Greek Legal Council which interpreted the clause of the EU
Returns Directive which foresees the possibility to impose restrictive measures to persons pending their
return as allowing for the prolongation of their detention indefinitely, until they cooperate for their return. See United Nations Human Rights Council, Report of the Working Group on Arbitrary Detention –
Addendum: Mission to Greece, UN Doc. A/HRC/27/48/Add.2, 30 Jun. 2014.
29 European Court of Human Rights, Factsheet – Migrants in Detention, Strasbourg, European Court of
Human Rights, Jul. 2014, available at: http://www.echr.coe.int/Documents/FS_Migrants_detention_
ENG.pdf (last visited 22 Feb. 2016). See European Convention on Human Rights, CETS No. 005, 4
Nov. 1950 (entry into force: 3 Sep. 1953).
30 A. Fotiadis, “European Commission Bankrolls Anti-Immigrant Policies”, Inter Press Service, 17 Mar. 2013,
available at: http://www.ipsnews.net/2013/03/european-commission-bankrolls-anti-immigrant-policies
(last visited 22 Feb. 2016).
31 MSF, Invisible Suffering; MSF, Torture, Exploitation and Abuse of Migrants in North Africa; MSF, Over the
Wall; MSF, Migrants in Detention; MSF, “Not Criminals”.