article 15, par. 1 of the Directive provides that a person may be detained “unless other sufficient but less coercive measures can be applied effectively in a specific case”. Furthermore, whereas the prolongation of the maximum time of detention is in line with the provision of the Directive (article 15), the amendment does not incorporate those guarantees which render the detention compatible with article 5 of the ECHR and the Constitution, in particular the constant review of its legality by judicial authorities. Among the guarantees that the amendment did not incorporate, generating serious doubts as to its compatibility with the letter of the Directive, are indicatively free legal aid (article 13, par. 3 and 4) and the periodic review of the detention decision (article 15, par. 3). Therefore, it is necessary for the Administration to provide for the required guarantees41 concerning administrative detention of aliens and to consider reinstating three months as the maximum. In relation to the administrative detention of aliens who have requested asylum, the NCHR needs to note the following: article 13 of Presidential Decree 90/2008 sets the conditions under which an asylum seeker may be detained. However, the way this provision is applied in practice is problematic. Firstly, according to par. 1 a person who has filed an application for asylum while he/she is detained and a deportation order is pending against him/her remains in detention and his/her application is examined by priority. However, the ECtHR held in S.D. that the detention of an asylum seeker which is based on a deportation decisions violates article 5, par. 1 since “an asylum seeker may not be deported before a decision re the asylum application is issued” (par. 62). Therefore, the detention does not serve the aim for which it was imposed and its legal basis needs to be modified. Secondly, article 13, par. 2 of Presidential Decree 90/2008 enumerates the reasons for which police authorities may order the confinement of asylum seekers in an appropriate place, inter alia, public interest or public order. Apart from the fact that the provision speaks of confinement and not detention, in practice the detention of asylum seekers is ordered for reasons of public interest or public order without 41 See also article 5, par. 3 and 4. 16