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
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