STEP
STEP
STEP
01
02
03
MANDATORY QUARANTINE
IDENTIFICATION
PRISON-LIKE STRUCTURE
STEP
04
STEP
05
AFTER A NEGATIVE DECISION PRE-REMOVAL DETENTION
3.4 Looking forward: the Samos CCAC Pre-Removal Detention Centre
There are currently seven PRDCs operating in Greece. An additional PRDC has
been constructed in the complex of the Samos CCAC but is not yet operational.
When opened, it will be run by the Hellenic Police and used to detain persons
who have been issued with a return order.[156] This is of concern as on the
islands, the Hellenic Police systematically issues deportation decisions to
asylum seekers upon arrival,[157] contrary to the EU asylum acquis and in
unlawful derogation from the Return Directive.
Like other PRDCs in Greece, people will be liable to be held in the Samos PRDC
for up to 18 months or until such a time that they are returned to their country of
origin or released.[158] Depriving individuals of their liberty, especially
considering the decline in formal deportations from Greece since 2018, raises
concerns regarding the reasonable prospect of removal and proportionality
of detention, and placing the practice in variance with well-established EU
standards, under which detention shall cease immediately where there is no
reasonable prospect of removal.[159]
The Greek authorities have been repeatedly criticised for unlawfully detaining
third country nationals in PRDCs, likely constituting a systematic violation of
Article 5 ECHR.[160] Of particular concern is the authorities’ over use of public
order and risk of absconding grounds. For example, research by the
Thessaloniki-based NGO, Mobile Info Team, indicates that despite EU and Greek
law designating that asylum seekers cannot be detained for the sole reason
___
[156] Pursuant to Greek Law 4825/2021, Article 21.
[157] Equal Rights Beyond Borders, HIAS Greece and Refugee Support Aegean. 2022. The State or
Border Procedures on the Greek Islands. Available here.
[158] Greek Law 3907/11, Article 30.
[159] Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on
common standards and procedures in Member States for returning illegally staying third-country
nationals. Article 15(4).
[160]The Greek Council for Refugees. 2022. Grounds for Detention. Available here; Equal Rights
Beyond Borders, HIAS Greece and Refugee Support Aegean. 2022. The State or Border Procedures
on the Greek Islands. Available here.
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