GREECE IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS 13 temporary detention order, further detention is considered to be arbitrary.33 Most detention orders state briefly that the individual concerned is at risk of absconding or a danger to public order with no further evidence or detailed information. Usually, no alternative measures to detention are considered, and irregular migrants may be detained for periods ranging from a few days to a few months, with practices varying even within the same location. Police authorities in different areas visited by Amnesty International cited changes in policy and a desire to avoid overcrowding as grounds for shorter periods of detention. Following changes to the law which extended the maximum period of temporary detention from three to six months in June 2009, Amnesty International has been informed of cases of irregular migrants detained for lengthy periods under poor conditions. In January 2010, Amnesty International delegates visited two irregular migrants who had been detained in a cell at a police station in Athens since October 2009.34 One of them had gone on hunger strike to protest about his prolonged detention. Both reported problems with their health, lack of exercise, limited access to the toilet and insufficient light in their cells. On 21 January 2010, Amnesty International wrote to the authorities requesting clarification of the grounds and length of detention of the two individuals. In their reply, the authorities provided this information for only one of the two detainees.35 Amongst other issues, they noted that “…efforts continue with regard to determining his nationality and for his deportation”. The authorities referred to their attempts to determine the nationality of the individual concerned by transferring him to consular authorities of other countries in order to work out whether he was their national. However, the reply received shows a three-month gap between the first and the second attempt of the authorities to determine the nationality of the individual concerned. In February 2010, the detainees told Amnesty International that they had expressed their wish to apply for asylum to the police officers in the police station concerned, but were given documents in Greek to sign. On 3 February 2010 Amnesty International requested clarification from the authorities about the content of these documents, and drew attention again to the length and conditions of detention of the individuals concerned. A few days later, Amnesty International was informed that the two had filed asylum applications and been released, after four months in detention. One issue of concern is the practice by police authorities in some areas of Greece of detaining irregular migrants who cannot be removed, whether due to practical or other obstacles not under their control.36 Such obstacles include the refusal of the consular representation of the migrant’s country of origin to cooperate, no means of transportation back to the home country, or the refusal of a third country to allow entry to the migrant. For example, prior to the June 2009 amendments Amnesty International was informed that irregular migrants were detained until the completion of the three-month period despite the fact that their deportation could not be effected. Police authorities in Evros told the organization that groups of Afghan irregular migrants transferred from Patras during the spring and summer of 2009 were detained for the maximum three months and then released because their deportation could not be effected since the Readmission Protocol between Greece and Turkey was not being wholly implemented.37 Upon release from detention, irregular migrants are issued with a police notice to leave the country within 30 days, also known as a “white card”. Those migrants whose removal cannot be effected are at risk of further detention when they fail to leave the territory.38 In interviews Index: EUR 25/002/2010 Amnesty International July 2010

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