3 Executive Summary This report is the third in our series of expert reports that provide an annual update on the detention policies, practices, and conditions in the Pre-Removal Detention Centre (PRDC) located on the Eastern Aegean Island of Kos. Our first report “Detained and Forgotten at the Gates of the EU: Detention of Migrants on the Island of Kos” was published in November 2021 and documented the use of immigration detention on Kos, situating detention practices on the island within the broader context of immigration detention in Europe.1 The second edition was published in February 2023, comparing both the living conditions in the PRDC on Kos from 2021 to 2022 and documenting the ways in which detention practices expanded outside of the PRDC and into the Closed-Controlled Access Centre (CCAC).2 This report continues to document the policies and practices regarding detention on Kos and the conditions in the PRDC from January to December 2023, ultimately demonstrating the ways in which detention policies and practices continue to negatively impact asylum seekers entering the European Union. Section I of this report briefly explains that there were no major changes in the legal framework regarding the detention of asylum seekers. This section, however, also highlights significant cases in various courts that were adjudicated during the reporting period regarding Türkiye’s status as a safe third country. This section then briefly covers the two objections Equal Rights Beyond Borders (Equal Rights) submitted on behalf of clients and the Greek Asylum Service’s changes in practice with regards to asylum. Section II provides an update on the detention policies and practices that have occurred on Kos from January to December 2023. Part 1 focuses on updates to pathways to detention, highlighting the ongoing detention of rejected asylum seekers despite no prospect of return, the detention of registered asylum seekers, and the reintroduction of detention of unregistered asylum seekers. Part 2 of this section then briefly covers the continued detention of vulnerable persons in detention, including the detention of women and unaccompanied minors. Section III is the bulk of the report and discusses updates to the living conditions in the PRDC based on 13 in-depth interviews with individuals detained during the reporting period, comparing participants’ testimonies with the last two reports. The interviews were carried out from February to November 2023 and covered themes that arose from the last two reports, including: the carceral environment and ill treatment by police, inadequate provision of food, lack of recreational activities, overcrowding, inadequate healthcare, and poor hygiene facilities and sanitation materials. Jamie Kessler et. al., Detained and Forgotten at the Gates of the EU: Detention of Migrants on the Island of Kos, Equal Rights Beyond Borders (November 2021), available at: https://bit.ly/3jpqn4X [hereinafter: ‘Detained and Forgotten’]. In the body of this report, this version will be referred to as “the first edition.” 2 Tina Al-khersan et. al., Still Detained and Forgotten: Update on Detention Policies, Practices, and Conditions on Kos 2022/23, Equal Rights Beyond Borders (February 2023), available at: https://tinyurl.com/2nrufvtf [hereinafter ‘Still Detained and Forgotten’]. In the body of this report, this version will be referred to as “the second edition.” 1 ‘Still detained and forgotten’ – Update on Detention Policies, Practices, and Conditions on Kos 2023/24