»The truth may be bitter, but it must be told« 3. Deportation orders, detention and detention conditions Law and practice Samos: All individuals apprehended by the Greek police at the Greek border are regarded as foreigners who have illegally entered the territory (lathrometanastes – illegal immigrants). As a rule the police detains all those apprehended and issues removal orders for them. This means that all individuals with protection needs, including asylum seekers, victims of torture, minors, and those seeking protection from countries such as Iraq, Afghanistan or Somalia are handed removal orders. Decisions are not made on a case-by-case basis. This blanket issuing of removal orders violates rights enshrined in the European Convention on Human Rights and international refugee law. Following a removal order, the arrivals are detained. According to Greek law (3386/2005) the objective of detention is the implementation of a removal order – it is foreseen as an extraordinary measure. In practice everyone is detained, even if they cannot be returned to their country of origin. This includes asylum seekers as well as those with particular protection needs, such as pregnant women, ill persons and children. Official figures of apprehensions at the border In 2006 around 20,000 people were apprehended and detained at the north east Aegean see border and the land border with Turkey. 15,450 were apprehended at the land border (Evros Region) and 4,007 at the sea border close to Lesbos, Samos and Chios20. Chios: 2005 2006 2007 (until 22 August 2007) 734 661 568 2005 2006 2007 (until 23 August 2007) 455 1,580 2,404 Lesbos: 2005 2006 2007 (until 21 August 2007) 1,696 1,766 1,926 Evros: 2005 2006 2007 (until 31 August 2007) 18,997 15,450 7,963 According to Greek authorities (December 2006), 1,850 detention places are reserved for »illegal immigrants«. New buildings have increased this capacity by 650 places. The opening of the buildings is supposed to result in the closure of the detention centre in Samos21. The detention of minors In October 2005 the Greek Ombudsman22 published a report on administrative detention of minors prior to removal and on the removal of minors seeking asylum in Greece. The Ombudsman published a further report in December 2006 on the situation of unaccompanied minors in the detention centre of Pagani-Mitilini, Lesbos. The reports find that the automatic detention of minors, both with family members and when unaccompanied is a clear violation of Article 21 and Article 5 of the Greek constitution. In addition, the detention of children and adolescents violates Article 37 (b) of the UN Convention on the Rights of the Child, of which Greece is a signatory. The Ombudsman calls for a complete ban on administrative detention of minors23. Deportation orders, detention and detention conditions 19