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reason for their apprehension or continued detention in a language they can understand, and are moreover
frequently forced to sign documents in a language they do not understand, without the assistance of a
translator.
Use of detention and de facto detention as default rather than as a measure of last resort, including for
asylum seekers
We note that while EU legislation stipulates that immigration detention should only be a measure of last
resort, many States including Greece resort to de facto detention as a default, and despite widespread
recognition that this practice violates international law and human rights standards [6].
The authorities implementation of article 40 of Greek Law 4939/2022 has led to a blanket practice of
prohibiting newly arrived asylum seekers from leaving the Samos CCAC, amounting to unlawful and arbitrary
de facto detention [7]. Asylum seekers arriving at the CCAC are ‘restricted’ to the structure for up to 25 days
for ‘identification purposes’ [8]. Through IHR’s monitoring, the CCAC authorities have changed and provided
conflicting interpretations of when someone is identified and thus permitted to exit. As a result of the default
de facto detention measure, people are deprived of access to legal advice and counsel, as well as community
and psycho-social services [9]. The hostile architecture of the CCAC [10] and the systemic practice of detention
stands in contrast with Greece’s obligations to only use detention as a measure of last resort.
Detention and de facto detention of migrant children
The Greek State continues to detain migrant children, including those who are unaccompanied, within
detention facilities on the mainland where inadequate conditions, ill-treatment and incidences of violence
have been widely documented [11]. For instance, in 2021 there was a total of 311 minors detained at
Amygdaleza PRDC [12], despite well-documented incidents of physical and verbal abuse at the PRDC [13].
IHR additionally raises concern that unaccompanied children (UACs) on Samos are de facto detained in the socalled ‘safe zone’, a fenced off area of the CCAC they are only permitted to leave for two hours of ‘free time’ a
day where they remain restricted to the wider structure of the CCAC [14] .
Further challenges relating to immigration detention in Greece
Recalling para. 6(e), 11(g) and 13 of A/RES/76/172, we further highlight the following key challenges relating to
immigration detention in Greece:
Failure to provide equitable responses to the pandemic and de facto detention
We assert that between March 2020 to 25 November 2022, asylum seekers newly arriving to Samos were
subject to a discriminatory pandemic-related measure which amounted to de facto detention [15]. People
were required to undergo a group-based, mandatory quarantine period of 5 - 15 days [16], with reports of
xenophobic, dehumanising and degrading treatment by the authorities [17]. Following reports of inhuman
treatment in the quarantine zones, in December 2023 IHR co-submitted a complaint to the Greek
Ombudsman. Despite nearly 5 months passing, the Ombudsman has not made any updates on an
investigation.