these to be specified in the relevant decision. The ECtHR in S.D. noted that the authorities are required to specify the reasons after they examine and evaluate each individual case (par. 66). On the basis of the above it is evident that the detention of asylum seekers is problematic in more than one aspects. Detention of asylum seekers deteriorates the already deplorable detention in police stations or detention facilities for aliens since they are added to the population detained. The solution of this problem lies in the establishment of a fair, effective and prompt asylum procedure and not in the abusive or incorrect implementation of the existing legal framework. The NCHR welcomes the announcement of the Ministry of Citizen Protection regarding the establishment of an autonomous Asylum Department and a new procedure underlining the need to be staffed with appropriate –both in numbers and qualifications- personnel. Regarding the so called “Special Detention Facilities for Aliens”, the NCHR notes that their legal framework is almost inexistent. According to article 81, par. 1 of Law 3386/2005 an alien under deportation “until his/her deportation is completed remains in special facilities which are established by a joint decision of Ministers of Interior, Economics, Health and Public Order. The same decision determines the requirements and the functioning of those facilities”. According to par. 2 “Greek Police is responsible for guarding those facilities”. Furthermore, according to Circular No. 38 of 23.12.2005 of the Ministry of Interior (OG 212 Α’/23.08.05) “illegal migrants are guarded according to “Posidonio” and “Balkanio” Plans in centres of temporary stay of illegal migrants the functioning of which lies with the Prefectures”. It is to be noted that the required Ministerial Decision has never been issued. The only legal framework that exists is the aforementioned circular. The fact that there is no decision establishing those facilities nor any rules governing their functioning, has been repeatedly underlined also by the CPT. Furthermore, the fragmentation of the various competences regarding their functioning between the Police and the Prefecture generates serious problems. For example, the Prefecture is responsible for the food, clothing and medical care of the detainees, for the payroll 17