The differences between these frameworks are rather faint and result from the transposition of different EU Directives in a non-integrated manner76: Table 12. Greek Legislative Framework on Detention of Irregular Migrants irregular entry into the country Law Law 3386/2005 irregular stay in the country Asylum seekers (new claims) P.D.113/2013 Law 3907/2011 (as amended) (a) Grounds (a) Risk of absconding (b) (b) Danger to Public Order Maximum Length Purpose  Facility  (a) Risk of absconding (b) Danger Security to (a) Identification purposes National (b) Danger to public order/national security (c) Hampers own Removal (c) Prompt examination of Process asylum claim 18 months 18 months Expulsion Return (forced/voluntary) “Special Holding Facility”, (Art. 81, N. 3386/2005) Specialised Facilities (Art. 31, N.3907/2011) 18 months Specialised Facilities (Art. 31, 3907/2011) Police stations Police Directorate. Authority Police Directorate Police Directorate (a), (c): Prior recommendation of Asylum Office required There is however a significant divergence between the letter of the law and its implementation. Throughout the period 2008-2013, the detention of irregular migrants has been both widespread and marked by a growing trend to circumvent the maximum allowed period of detention.77 As a result, Greece was repeatedly convicted by the European Court of Human 76 For a recent study on Greece's detention framework towards irregular migrants see M Marouda, V. Saranti, E. Koutsouraki and M. Rossidi, “” The use of Detention and Alternatives to Detention in the Context of Immigration POlicies”, EMM Study 2014, available at http://ec.europa.eu/dgs/home-affairs/what-wedo/networks/european_migration_network/reports/docs/emn-studies/12a-greece_detention_study_august2014_en.pdf 77 See A. Triandafyllidou, D. Angeli and A. Dimitriadi, “Detention as Punishment”, Midas Policy brief, April 2014 available at http://www.eliamep.gr/wp-content/uploads/2014/04/Polic-brief-Detention-in-Greece-1.pdf Page 39

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