According to Greek legislation, immigration
detention shall not exceed a maximum of six months27
and shall only be used in cases of danger to public order
and with a view to deportation (Law 3386/2005, Article
76). However, the state can do neither at the moment.
Once detained, most individuals, including trafficking
and smuggling victims and asylum seekers, are given an
administrative deportation order. Nonetheless, the
number of official deportations from Greece is small
compared to the number of persons arrested and
detained for illegal entry or presence. For example, in
2008, 20,555 deportations took place out of 81,741
issued orders. Significant challenges to Greece’s ability to
deport undocumented foreigners have been identified.
Such obstacles include low cooperation between
diplomatic authorities of the migrant’s country and
Greece, problems in identifying nationality, difficulties in
implementing the return agreement with Turkey28 and
lack of diplomatic representation of some countries in
Greece (e.g. Somalia, Afghanistan, Sierra Leone).
The number of arrests has risen to unexpected
proportions, while the capacity of police stations and
detention centres remains small. Consequently, irregular
migrants are now released arbitrarily in a move that
ironically mirrors their original arrest and detention. Upon
release, they are issued with a police notice (‘white card’)
insisting they leave the country voluntarily within 30
days, even though this departure is legally impossible for
irregular migrants. This card is almost always in Greek
and is not accompanied by any information in their
language. It is sometimes mistakenly considered an
identity card or a travel document. In essence this white
card is seen as a ticket from the border to Athens and
then to another country. Thus, the majority remain in the
country illegally; released only to be arrested, detained
again and issued yet another white card.
This is the reality for most detainees at the airport.
They are arrested attempting to leave Greece, they
27.
28.
38
remain in detention for 6 months and they are then
released with the white card which gives them the
opportunity to try again. Some of those who make it to
Europe are later returned to Greece under the Dublin II
Regulation. So, irregular migrants at the airport cannot
move onward because of EU law and cannot move back
home. They remain ‘stored’ in Greece, in detention under
terrible conditions or on the streets with the legitimate
fear of racist attacks. They have no possibility of
obtaining legal status because of the country’s
antiquated immigration system and recent changes that
call for a reconsideration of all residence permits and
asylum claims. This vicious cycle takes irregular migrants
in Greece from the border to the inhospitable streets of
Athens in a quest for an opportunity to leave Greece.
They then go to a detention centre before they are
pushed out the back door on the streets again. This
shows the path of illegality on which irregular migrants
are trapped while in Greece.
Conclusion
The walls of the airport detention centre are covered
with posters of the advertising campaign ‘Live your myth
in Greece’ and beautiful pictures of scenic places on
Greek islands. The irony is painful. Not only will the
detainees never visit these places but no myth awaits
them in Greece either. On the contrary, most will be
consumed by the Greek immigration maze, with no way
out and no thread that can lead them where they want
to be. Immigrants who want to stay in Greece are forced
to leave due to the current economic situation of the
country and the apparent rise of xenophobia and racist
attacks, and those who want to leave are trapped here.
Greece does not want the role it has, nor do immigrants
want to stay there. However, they get stuck in the
country with no realistic options.
The maximum period of detention was increased in 2009 from 3 to 6 months, with the possibility of extending it to 12 months under
special circumstances, like long prison sentences (Law 3386/2005, as amended by 3801/2009). The new Minister of Public Protection, as
part of the new operation, has asked detention centre directors to apply the 12 month period to all detainees. This is the government’s
last resort to force detainees to ask for ‘voluntary’ departure from Greece.
For a report on this issue see, Human Rights Watch (2008).
Prison Service Journal
Issue 205
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