FRONTIER EUROPE
Human rights abuses on Greece’s border with Turkey
17
5. PROLONGED DETENTION OF
ASYLUM SEEKERS AND IRREGULAR
MIGRANTS
“What kind of a law can keep us here for a year? I
am not a murderer, not a criminal. I am just a
migrant. I just came here for a good life.”
A young Afghan man detained in Fylakio Immigration Detention Centre.
The extensive and indiscriminate use of detention is a central plank of Greece’s migration
policy. The EU law33 and the Greek law allows the detention of irregular migrants for the
purposes of deportation or return up to six months, which can be extended for a maximum of
12 months if certain conditions apply.34 Since October 2012, asylum seekers can now be
detained also for up to 18 months.35 Many of the irregular migrants and asylum seekers that
Amnesty International met during the organization's mission to Greece in April 2013 had
been held for periods of six to nine months. On the islands, reportedly due to limited
detention capacity, people are released more quickly with orders to leave the country in
periods ranging from seven to 30 days.36 However, as Greece aims to increase the detention
capacity of its six major immigration detention centres from 5,00037 to 10,000 through EU
co-financing, longer periods of detention can be expected in the future. 38
The possibility of being detained and re-detained for up to 18 months solely because of their
irregular status in Greece caused serious distress for the refugees and migrants Amnesty
International met. They were unable to understand why they were being held for so long; and
said that they received no information about how much longer they might be detained.
“I have been here for nine months: they say they can keep me another nine. Then they will give me a
paper to leave Greece in seven days. How can I arrange to leave Greece in seven days? I cannot even
make a phone call here. They will just arrest me again.”
A Guinean migrant in one of the large detention facilities in the Evros region.
Under international and EU law,39 Greece should prove - in each individual case – that
detention of a person for immigration purposes is both necessary and proportional, and that
less coercive measures would not be sufficient. Greek authorities must use and make
available alternative measures to detention both in law and in practice.40 However in Greece,
irregular migrants and asylum seekers are automatically detained if they are apprehended in
an irregular situation, either while entering the country or during their stay. Testimony
Index: 25/008/2013
Amnesty International July 2013