during the 10 years since the enactment of the law, as the relevant Joint Ministerial
Decision is still pending.
Among the alternatives to detention, reporting regularly to a police station appears to
be a much less harsh and therefore more suitable alternative that does not violate
people’s rights. Indeed, this practice is commonly used for those accused of a criminal
offence while they are awaiting trial. Lack of legal status in a country is much less of a
threat to public order than individuals who are arrested for committing criminal acts; yet
the administrative courts, when considering appeals against a detention decision for
Greek suspects of crimes, have prioritized alternatives such as reporting to a police
station regularly (once a week or twice a month). 84
An obligation to provide residence and contact information is another proportionate
alternative measure. However, the Greek authorities and the administrative courts often
impose or approve detention decisions by invoking the risk of absconding (on grounds
of the applicant’s lack of a permanent residence). Yet they fail to take into account the
unique situation of asylum seekers in that they usually cannot secure a housing
contract. It is a cruel paradox that a permanent address is often a requirement, yet the
Ministry of Asylum and Migration demands that asylum seekers stay in facilities provided
by the Ministry, threatening to cut off financial support if this condition is not adhered
to. 85
The costs of administrative detention are already very high, as detention centres are
expensive to build, maintain and operate. 86 These funds could be invested in other much
needed areas such as integration – a longer-term and more humane solution.
23
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