CHAPTER 3: DETENTION The systematic use of detention is increasingly regarded as the most effective tool to secure the return of the arrested migrant to his/her country of origin. In the period 2008-2013, detention became Greece's flagship policy in the management of irregular migration. Among the most radical changes were the introduction of indiscriminate and indefinite detention into the Greek legal order; at the same time, an unprecedented financial investment in improving and expanding detention facilities was undertaken. The External Borders Fund and European Return Fund were Greece's main sponsors within this new policy course, as the construction and running costs of most facilities were co-financed by the EU at a 75% rate. Nonetheless, detention has also proven to be a particularly costly enterprise. Detention as Punishment From the perspective of international human rights law, detaining an irregular migrant in the context of removal processes is considered a particularly harsh measure, only exceptionally allowed and under very specific requirements.74 In line with this fundamental rule, Directive 2008/115/EC (Return Directive) lays down a particular restrictive framework when it comes to the use of detention on irregular migrants. First, the use of detention must be limited. It is a last resort measure that can only be justified if less coercive measures are not sufficient. Second, it needs to be of the shortest time possible and can only be maintained as long as removal arrangements are in progress; in any case, it can never exceed 18 months. Third, the conditions must be appropriate; the detained irregular migrants must be kept in specialized facilities and be treated in a humane and dignified manner.75 The Greek legislative framework on detention is in line with the EU common standards. There are currently three different regimes in place that regulate the detention of irregular migrants on the basis of the following categories: a. irregular migrants arrested upon entry into the Greek territory b. irregular migrants arrested within the interior of Greece, (this includes rejected asylumseekers) c. asylum seekers 74 See ECtHR, Saadi v. the United Kingdom, Appl. No (Grand Chamber) 13229/03, Judgment of 29 January 2008, paras. 67-74 75 See Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals Page 38