3. COMMENTS
On January 2013 the United Nations Working Group on Arbitrary Detention visited Greece in
order to examine the situation on the issue28. Two months before this, the United Nations
special rapporteur on the human rights of migrants also issued the results of his investigation
after he had visited Greece for the same purpose29. Both reports include valuable conclusions
on the issue. They both agree that during the last years the Greek government has made an
effort to improve the situation of the detention of irregular immigrants especially through
legislative reforms such as the ones that have been mentioned above. However as is seem this
is not enough and much effort should be done in order that these legislative developments will
be followed by effective implementation in practice so that the rights of the immigrants will be
fully respected.
In addition, there are several NGOs that and other bodies such as the National Ombudsman that
are working on the issue both by offering practical assistance with being involved in the
reception procedures and by conducting investigations and issuing rapports. The following
comments are essentially based on the extracts of some of these investigations. (Amnesty
International30, National Committee on Human Rights and The National Ombudsman31, Greek
Council for Refugees and other international NGOs32)
First of all, it is noted that the detention of immigrants in Greece seems to be the rule and not
the exception. As it is provided in the legislation the detention shall be a last resort, and it
should only be for the shortest period when other alternatives cannot be applied. However,
Greek authorities systematically detain everyone, including unaccompanied minors and
families, and they do not look for any possible alternatives or examin the necessity and the
proportionality of the measure.
Additionally the migrants are usually kept detained for the maximum period applicable, and
afterwards they are released with a document that obliges them to leave the Greek territory
28
Working Group on Arbitrary Detention statement upon the conclusion of its mission to Greece (21-31 January
2013), 31 January 2013
29
UN Special Rapporteur on the human rights of migrants concludes the fourth and last country visit in his
regional study on the human rights of migrants at the borders of the European Union: Greece
30
Amnesty International, GREECE : IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY
DETAINED IN SUBSTANDARD CONDITIONS, 8/2010, Amnesty International Publications
31
National League for Human Rights & National Ombudsman, Αξιολόγηση των ευρηµάτων διενεργηθείσας
αυτοψίας από την Εθνική Επιτροπή ∆ικαιωµάτων του Ανθρώπου και τον συνήγορο του Πολίτη στα Κέντρα
Κράτησης της περιοχής του Έβρου, 30/06/2011
32
Stiftung Pro Asyl, Greek Council for Refugees, Infomobile, Walls of Shame ACCOUNTS FROM THE INSIDE:
THE DETENTION CENTRES OF EVROS, April 2012
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