12 THE DUBLIN II TRAP TRANSFERS OF ASYLUM-SEEKERS TO GREECE ASYLUM PROCEDURES DIRECTIVE Article 18 Detention 1. Member States shall not hold a person in detention for the sole reason that he/she is an applicant for asylum. 2. Where an applicant for asylum is held in detention, Member States shall ensure that there is a possibility of speedy judicial review. EU CHARTER OF FUNDAMENTAL RIGHTS Article 6 Right to liberty and security Everyone has the right to liberty and security of person. EUROPEAN CONVENTION ON HUMAN RIGHTS Article 5 1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: (f) the lawful arrest or detention of a person to prevent his effecting an unauthorized entry into the country or of a person against whom action is being taken with a view to deportation or extradition. 4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful. In order to go to the toilet at nights I had to step over dozens of persons, men and women, sleeping on the floor of the cell and corridor. Detained woman from Afghanistan Under international law, the detention of asylum-seekers and migrants should only ever be used as a last resort, when it can be justified in each individual case that it is a necessary and proportionate measure that complies with international law.36 Alternative non-custodial measures should be the preferred solution and should always be considered before resorting to detention.37 Article 13(1) of PD 90/2008, currently in force, stipulates that: “a national of a third country or a stateless person who is applying for refugee status cannot be detained for the sole reason of his illegal entry and stay in the country.” However, Article 13(2) states that police have a right to “confine” asylum-seekers in certain locations for as long as necessary in order to ascertain the method of entry, identity and country of origin of asylum-seekers who have entered the country irregularly and en masse; or on grounds of public interest or public order; or when this is considered necessary for the speedy and effective completion of the above procedure. The time limit of the “confinement” cannot exceed 60 days. Amnesty International March 2010 Index: EUR 25/001/2010