asylum seekers from submitting a claim for international protection, especially in view of the authorities’ practice of detaining for extended time periods those that lodge a claim while in detention. The law does not explicitly mention alternatives to detention. In case, however, an administrative detention is necessary, the principle of proportionality requires it to be the last resort, permissible only for the shortest period of time and that alternatives to detention should be sought whenever possible. Such alternatives include regular visits of the individual to the authorities and an obligation to reside at a specific area. The UN Working Group on Arbitrary Detention during its mission to Greece for the period 75 21-31 January 2013 stated that non-application of alternatives to detention, the lack of effective judicial review and the excessive length of such detention may render the detention of an individual arbitrary. Furthermore, the automatic detention of asylum seeker at the borders in practice, often for extended periods of time, is contrary to Article 24 Presidential Decree 114/10 which states that in cases where an asylum claim is lodged at the border, the accelerated procedure is followed according to which if no decision is taken within 4 weeks, the asylum seeker may enter the Greek territory and have their claim examined. Until now, vulnerable people, including unaccompanied children, are also systematically detained in the same conditions as other migrants and asylum seekers. In January 2013, the Greek government announced that women, unaccompanied children and people with health problems should not be detained anymore and should be accommodated instead in two open reception centres. However those 76 centres still have to be built. Furthermore, a new legislative provision introduced in 2012 establishes the rule that the health status of a person can be used as a ground for de facto detention of migrants and asylum seekers, including obligatory control of migrants and asylum seekers for a number of diseases such as HIV. This was issued on the basis of a decision of the Ministry of Health and Social Solidarity (G.I. 39a/02-04-2012). C. Detention conditions Indicators: - Does the law allow to detain asylum seekers in prisons for the purpose of the asylum procedure (i.e. not as a result of criminal charges)? Yes No If so, are asylum seekers ever detained in practice in prisons for the purpose of the asylum procedures? Yes No Do detainees have access to health care in practice? Yes No Is access to detention centres allowed to o Lawyers: Yes Yes, but with some limitations No o NGOs: Yes Yes, but with some limitations No o UNHCR: Yes Yes, but with some limitations No The legislation provides some guarantees on detention conditions, even though those guarantees are not applied in practice. Indeed the law provides that in case applicants for international protection are being detained, the competent authorities to receive or examine asylum applications, namely the Greek police, without prejudice to the international and national legislation on detention, must ensure the following: 75 76 United Nations Working Group on Arbitrary Detention, Working Group on Arbitrary Detention statement upon the conclusion of its mission to Greece (21 - 31 January 2013), 31 January 2013. Council of Europe: Commissioner for Human Rights, Report by Nils Muižnieks Commissioner for Human Rights of the Council of Europe following his visit to Greece from 28 January to 1 February 2013, 16 April 2013, CommDH(2013)6, para. 145. 49