5. The initial detention order and the order for the prolongation of detention shall be transmitted to the
President of the Administrative Court of First Instance, or the judge appointed by this former, who is
territorially competent for the applicant’s place of detention and who decides on the legality of the
detention measure and issues immediately his decision, in a brief record, a copy of which he/she
immediately delivers to the competent police authority. In case this is requested, the applicant or his/her
legal representative must mandatorily be heard in court by the judge. This can also be ordered, in all cases,
by the judge. In this case, the provisions of paragraph 3 and subsequent paragraphs of Article 76 of Law
3386/2005 shall apply respectively. The aforementioned procedure shall not restrict the possibility of the
applicant to raise objections against the detention order or the order to prolong the detention period,
pursuant to the provisions of the following Article.
6. Applicants in detention, according to the above paragraphs, have the rights to appeal and submit
objections as foreseen in paragraphs 3 and subsequent of Article 76 of Law 3386/2005, as in force.
7. Detainees who are applicants for international protection shall be entitled to free legal assistance and
representation to challenge the detention order according to the provisions valid for third country
nationals in detention, according to the provisions set in law 3226/2004 (O.G. A’ 24) which apply
accordingly.
8. The detention of an applicant constitutes a reason for the acceleration of the asylum procedure, taking
into account possible shortages in adequate premises and the difficulties in ensuring decent living
conditions for detainees. These difficulties, as well as the vulnerability of applicants, as per Article 14
paragraph 8 above shall be taken into account when deciding to detain or to prolong detention. When an
alien or stateless person applies for international protection while in detention, the Head of the competent
Receiving Authority and/or the Administrative Director of the Appeals Authority shall be immediately
informed and shall ensure the prioritized examination of the application or the appeal.
9. Applicants are detained in detention areas as provided in Article 31 of Law 3907/2011.
10. Whenever applicants are detained, the competent authorities shall ensure that:
a. applicants are detained in specialised detention facilities, separately from ordinary criminal-law
detainees and, where possible, separately from other third-country nationals or stateless persons who
have not lodged an application for international protection. Where this is not possible, the competent
authorities shall ensure that the detention conditions meet the requirements of Article 15(1);
b. detained applicants have access to open-air spaces;
c. persons representing the United Nations High Commissioner for Refugees (UNHCR) as well as any
organisations acting on behalf of the UNCHR in Greece by virtue of a special agreement, have the
possibility to communicate with and visit detained applicants in conditions that respect the privacy
of the detained, pursuant to the provisions of Article 48(2) indent (c) of Law 4375/2016;
d. family members, representatives, legal advisers or counsellors have the possibility to communicate
with and visit applicants, and that any public bodies or accredited social welfare organisations have
access to them for the purpose of offering to detained applicants, especially vulnerable persons and
persons with special reception needs, pursuant to Article 18(1), legal services, psychosocial support
or medical services, in conditions that respect their privacy. Limits to such access may be imposed
only where they are objectively necessary for the security, public order or smooth administrative
management of the detention facilities, provided that such limits do not render the access
extremely difficult or impossible.
e. applicants in detention are systematically informed of the rules applied in the facility in which they
are detained, as well as of their rights and obligations in a language they are reasonably supposed
to understand, in accordance with the provisions of Articles 41, 44 and 60 of Law 4375/2016.
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