Coping with a fundamental rights emergency – The situation of people crossing the Greek border in an irregular manner
establishment of detention space for irregular immigrants lies with the services of the Interior
Ministry. Specifically, aliens awaiting deportation are detained by the local police authorities
and until deportation procedures are concluded may remain in special facilities, which are
established by decision of the General Secretary of the Region and operate under the
responsibility of the Region. This decision also establishes the specifications and terms for the
operation of these facilities, while the Hellenic police has only the responsibility for guarding the
facilities.”41
Article 81 of Law 3386/2005 foresees that special premises to detain persons pending removal
should be established by a joint decision of five ministries laying down the standards and terms
of operation of such centres. However, no such decision was ever taken for the centres in Evros.
It seems that arrangements were made in the past at a local level between the police
directorates and the Prefecture, whereby the latter undertook to pay the bills for certain costs,
such as catering and cleaning. According to a press statement of the Prefect the cost for catering
was €250.000 monthly.42 Such arrangements have been overtaken by the re‐organisation of
local administrations which abolished the Prefectures and moved their tasks either to the
municipalities or the regions. 43 Although the Prefectures already stopped to function on
1 January 2011 with the entry into force of the Kallikratis reform, at the end of January 2011,
there was no clarity as to who would be responsible at least for those costs which were in the
past covered by the Prefecture. While the Head of the Thrace and Macedonia region (who is
responsible for Evros) was aware of the issue, this had not yet been discussed with any of the
three municipalities that the FRA visited. Two out of three municipalities were even not aware
of the new law and of possible new tasks that could derive from it for them.
With the 2011 law, the use of these facilities is assigned to the Ministry of Citizen Protection
which can regulate them through a Ministerial decision (Article 15). In addition, the budget line
used by the Prefectures to cover such costs is being moved from the Ministry of Interior to the
Ministry of Citizen Protection. It remains, however, to be seen whether the new law can resolve
the current stalemate as to who should pay for what.
As a result, essentially only the catering contract continued to be implemented without major
interferences, as the catering company agreed to continue to deliver the food even if it
remained unclear who would cover the invoices. Cleaning services have been substantially
reduced and other services stopped. As an illustration, in Fylakio, the police had an arrangement
with a local laundry service to clean the blankets. The bill was paid by the Prefecture. As the
latter is not existent anymore, the company does not anymore accept to clean and disinfect the
blankets as they fear that nobody would cover the costs. Blankets remain dirty. The interruption
of such services further contributes to a deterioration of the conditions in the detention facility,
creating tensions.
41 Deputy Minister response to parliamentary question (7017/4/4975/7‐4‐05), available (in Greek) at:
www.hellenicparliament.gr/Praktika/Synedriaseis‐Olomeleias?sessionRecord=72a24034‐8009‐4d51‐bea7‐8811b08bba69.
42 See (in Greek): http://news.kathimerini.gr/4dcgi/_w_articles_ell_1_15/10/2010_418795.
43 The so‐called ‘Kallikratis reform’ was adopted on 2 June 2010. The Greek version of the law is available at:
www.ypes.gr/UserFiles/f0ff9297‐f516‐40ff‐a70e‐eca84e2ec9b9/KALLIKRATIS12.pdf.
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