Human rights organisations routinely describe immigration detention in
Greece, especially in the border guard stations, as a human rights emergency.
Organisations, from Amnesty to the Council for the Prevention of Torture, highlight
deficiencies in the infrastructure, insufficient and unprofessional personnel, as well as
ineffective and sometimes unlawful practices (CPT 2010; AI 2010; Pro Asyl 2007,
p.23; HRW 2008). Such criticisms underpin judgments by the European Court of
Human Rights (ECHR) which have found Greece guilty for violating Articles 3 and 5
of the European Convention on Human Rights (S.D.6, A.A.7, Tabesh8, M.S.S.9,
Rahimi10, R.U.11 against Greece) and which have called for an end to transfers of
asylum seekers back to Greece under the Dublin II Regulation. Faced with repeated
failures on the part of Greek authorities to improve the conditions of immigration
detention, the Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (CPT) issued its first public statement in 2011 addressed to
an EU member state, condemning detention conditions in Greece,12 and drawing
attention to the failure of this country to ‘improve the situation’ despite
recommendations dating back to 2005.
Nonetheless, Greek immigration detention is expanding. Although Greek Law
(3386/2005), ‘on the entry, residence and social integration of third-country nationals
on Greek territory,’13 makes it quite clear that administrative detention shall only be
used in cases of danger for the public order and in view to deportation (Article 76),
6
S.D. vs. Greece, 11.06.2009, concerning detention in border guard station, Soufli.
A.A. vs. Greece, 22.07.2010, concerning detention conditions in detention centre on Samos island.
8
Tabesh vs. Greece, 26.11.2009
9
M.S.S. vs. Belgium and Greece, 21.01.2011, concerning detention conditions at the airport detention
facility.
10
Rahimi vs. Greece, 05.04.2011, concerning detention conditions on Lesvos island.
11
R.U vs. Greece, 07.06.2011, concerning detention conditions in Soufli.
12
http://www.cpt.coe.int/documents/grc/2011-10-inf-eng.pdf. This is the fifth time the CPT has used
this exceptional measure against countries; the first time in Turkey in 1992 and then again in 1996 and
in Russia in 2001, 2003, 2005 for the situation in Chechnya.
13
For a translation of the law see http://old.certh.gr/libfiles/PDF/MOBIL-65-Nomos3386_en.pdf
7
5