Executive Summary In October 2016, the Greek Police launched a pilot detention project on Lesvos, according to which, single male third-country nationals from “low profile” countries are detained upon arrival in the Pre-Removal Detention Center of Lesvos, located inside Moria camp. This policy aims at ensuring the swift readmission (ie, the swift return to Turkey under the EU-Turkey Statement)3 of third-country nationals seen as coming from “safe” countries (deemed safe if they have less than 25% recognition rate). Based on the analysis of client cases and observations of the system, HIAS has concluded that the detention of asylum seekers under the so-called “low profile detention scheme” constitutes arbitrary detention for the purposes of Article 9 of the International Covenant on Civil and Political Rights. Our main concerns pertaining to arbitrary detention include the following observations (among others): • • • • • Greek law does not allow for nationality-based detention of migrants, nor does it provide for the detention of asylum seekers who apply while at liberty. The decision orders issued under the “low profile detention scheme” lack both legal basis and sufficient reasoning, while the “low profile” applicants often continue to be detained without their asylum seeker status or their vulnerability being taken into account. Detained asylum seekers are never informed of the reasons for their detention. Detained asylum seekers have no real access to legal representation. There is often no effective judicial review of the detention orders. Finally, the rationale of the “low profile detention scheme” creates a self-fulfilling prophecy: Due to their detention, it is impossible for the “low profile” detainees to collect evidence and submit it to the Asylum Service in order to substantiate their asylum application, especially if they are not legally represented. This means that detained individuals are presumed to not have a valid asylum claim and simultaneously have no ability to prove their claim, seemingly proving the assumption (falsely) correct. Greece’s new Law on International Protection, applicable as of 1 January 2020, expands the detention of asylum seekers and extends detention periods, while removing existing procedural safeguards. In particular, changes include the detention of asylum seekers even if they have requested asylum while at liberty, the abolition of the automatic judicial review of 3 EU-Turkey Statement. European Council Press Release, 18 March 2016, https://www.consilium.europa.eu/en/press/press-releases/2016/03/18/eu-turkey-statement/ Welcome the stranger. Protect the refugee. | 4 4