within 30 days. It is also usual practice to detain asylum seekers, which is contrary to the law. It
seems that this practice is used by the authorities as a dissuasive measure to prevent immigrants
from applying for asylum in Greece.
There are several cases where immigrants coming from countries where return is impossible
are kept in detention for months and in the end they are either released with a notification to
leave the country within a certain period of time (usually 30 days) or even deported.33
According to the UN working group the lack of any effective judicial review leads to arbitrary
detention of individuals. This, in combination with the duration of the detention and the very
bad detention conditions, can be considered a punishment of a person that has not committed
any crime and accordingly a serious violation of the principle of proportionality.
It should be noticed that recently the Greek police have started a “sweep operation” called
“Xenios Zeus” that has lead to the detention of a great number of immigrants. Among these
immigrants there were also people that have been living and working in Greece for years. As
the UN working group has noticed in most of the cases “the conditions fall far below
international human rights standards”.
Great criticism has been made against Greece on this issue and the State has been held liable
several times. Reports against Greece have been issued by the Special Rapporteur of UN on
Torture and other Cruel Inhuman or Degrading Treatment or Punishment34, by the Fundamental
Rights Agency of EU35 and especially the public statement against Greece issued by the
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment on March 2011. This measure is used only as a last resort against a country and it
has been used only five times for Turkey (1992, 1996) and for Russia as to the situation in
Chechnya (2001, 2003, and 2007).
In most cases, the detainees are kept for months in facilities that should be used only for
temporary detention and for a much smaller number of persons. There is also no separation
among detainees under administrative deportation, asylum seekers and common criminals. In
addition, there is no separation between pre-trial detainees and convicted detainees, and it is
33
Stiftung PRO ASYL, Greek Council for Refugees, Infomobile, Walls of Shame, ACCOUNTS FROM THE INSIDE: THE
DETENTION CENTRES OF EVROS
34
Report Submitted by the Special Rapporteur of UN on Torture and other Cruel Inhuman or Degrading
Treatment or Punishment, Manfred Nowak: Mission to Greece, A/HRC/16/52/add. 4 (March 2011)
35
Fundamental Rights Agency, Coping with a Fundamenta Rights Emergency: The Situation of Persons Crossing
the Greek Land Border in an irregular Manner (8 March 2011)
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