Α) Detention Conditions The fact, for example, that remand detainees are detained for long periods of time in police stations because of non-available places in correctional facilities renders necessary addressing the problem of overpopulation in prisons via policies which are not limited to the construction of new prisons. Furthermore, the fact that many aliens under deportation are detained in police stations due to lack of special facilities for aliens detention requires measures for curtailing undocumented migration which will not be limited to the construction of new detention facilities. Thus, addressing the problematic detention conditions in police stations, apart from improving the existing facilities, lies on taking measures for the two aforementioned issues. As far as correctional facilities are concerned the NCHR reiterates its previous recommendations. Regarding detention of aliens under deportation, the NCHR would like to stress that the prolongation of the maximum time of detention from three to six or up to 18 months (according to article 48 of Law 3772/2009 which amended article 76 of Law 3386/2005) will surely not contribute to the improvement of detention conditions for aliens. The NCHR notes that the said amendment took place while: a) it is a well known fact that the existing detention facilities for aliens are insufficient, and many of them inappropriate, and b) the maximum time of three months for administration detention was promulgated by Law Ν. 2910/2001 (article 44, par. 3) as one of the general measures that Greece took in order to comply with the ECHR Dougoz judgment. It needs to be noted that the said amendment incorporates selectively a similar provision of the so called Return Directive (Directive 2008/115/ΕC) which allows Member States to prolong the maximum time of detention “without prejudice to the right of the Member States to adopt or maintain provisions that are more favourable to persons to whom it applies” (article 4, par. 3). The amendment exhausts the maximum permissible time provided for by the Directive. However, 15

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