both of which had important impacts on detention practises on both the islands and the mainland. Also importantly, legislative amendments presented by the Greek Government in October 2019 would, if adopted, lead to drastic changes with regards to the detention of asylum seekers. It should be emphasised that Greece faces a disproportionate burden as one of the key entry points into the EU, a burden that is compounded by the Dublin Regulation, which allows other countries to transfer people back to Greece.6 Hence, the policies of the EU and other member states have been important contributing factors in the predicament non-citizens face in Greece. Critical concerns include: • A new draft law on asylum has been tabled by the Greek Parliament on 21 October 2019, which according to UNHCR “introduces extensive provisions for the applicants to be detained,”7 thus threatening to undermine the principle that detention of asylum seekers should only be applied exceptionally and as a measure of last resort. The draft law proposes: o The possibility of detaining asylum seekers even when they apply for international protection when not detained, on the basis of any of the grounds provided by Directive 2013/32/EU, contrary to the current legislation which exceptionally provides detention only in cases where the person applies for asylum while already detained in view of return/deportation. o Extending the maximum duration of detention. According to the draft law, the detention of an asylum seeker can be imposed for an initial period up to 50 days and it can be successively prolonged up to the maximum time limit of 18 months. Furthermore, and as clearly stipulated by the draft law, the detention period in view of removal (return/deportation etc) is not calculated in the total time, and thus the total detention period of a noncitizen within the migration context may reach 36 months (18 months while the asylum procedure + 18 months in view of removal). o Abolishing critical guarantees, including automatic (ex officio) judicial examination of the decision imposing/prolonging the detention of asylum seekers8 and the obligation of issuing a recommendation by the Asylum Service on the continuation of a detention measure prior to detention. o The possibility (Article 116 (8) and (13)) for the Reception and Identification Service to establish and operate “closed Temporary Reception Facilities for third-country citizens or stateless persons who Commission Recommendation of 8 December 2016 addressed to the Member States on the resumption of transfers to Greece under Regulation (EU) No. 604/2013, C(2016) 8525 6 UN High Commissioner for Refugees (UNHCR), “UNHCR urges Greece to Strengthen Safeguards in Draft Asylum Law,” 24 October 2019, https://www.unhcr.org/gr/en/13170-unhcr-urges-greece-tostrengthen-safeguards-in-draft-asylum-law.html 7 Working Group on Arbitrary Detention (WGAD), “Revised Deliberation No. 5 on Deprivation of Liberty of Migrants,” 7 February 2018: “Any form of detention, including detention in the course of migration proceedings, must be ordered and approved by a judge or other judicial authority.” 8 GDP & GCR 2019 5