END GENERALIZED DETENTION FOR ASYLUM SEEKERS Although the Greek government has not fully clarified the restrictions on movement for individuals held in the five new ‘closed and controlled’ Multipurpose Reception and Identification Centres, it is likely that it will amount to detention. Generalization of detention for asylum seekers contradicts national and EU legislation and jurisprudence and amounts to criminalization of the human right to seek asylum. REQUIRE A JUDICIAL DECISION FOR DETENTION As detention affects the fundamental right to liberty, the decision to issue a detention order should only be made by an independent authority such as a judge. In practice, Greek police are currently deciding to detain asylum seekers without the involvement of impartial actors – an unjustifiable practice. A legislative amendment is necessary so as to provide for judicial review. MAKE REAL AND EFFECTIVE LEGAL AID AVAILABLE TO DETAINEES Access to legal aid is a crucial factor in detention appeals, yet many asylum seekers have no access to free legal aid. 90 Although access to free 3/EU), the most recent CPT report noted that ‘… the provision of legal advice for issues related to detention and deportation was generally inadequate in all the detention places visited’. 91 PROVIDE SPECIFIC ASSESSMENT OF THE RISK OF AN INDIVIDUAL ABSCONDING Risk of absconding is often used as a reason to issue a detention decision. This research suggests that detention due to the risk of absconding is often prolonged by the police and approved by the administrative courts with no other reason for its extension. Where the risk of absconding is cited as a reason for detention (or extension of detention), there should be an assessment based on the circumstances of the individual application, rather than a general assumption of risk simply because the person is a migrant. Human right defenders, asylum lawyers and civil society should strongly support the adoption of alternatives to detention. The Greek authorities should seriously examine alternative measures as provided by national and EU legislation. Only in cases where there is a breach of the alternative measures should detention be considered. 26