- Excessive use of “risk of absconding” grounds even in cases not justified by the circumstances of
the case and/or the detention is not necessary “in order to determine those elements on which the
application for international protection is based which could not be obtained otherwise” as required by
law.
- Detention on public order or national security grounds without proper justification, based solely
on a prior prosecution for a minor offence even in cases where the competent Criminal Court has decided
to suspended the custodial sentences.1184 Detention on this ground has also been imposed following a
criminal Court Decision on irregular stay/entry.
- Detention despite the lack of actual prospect of return. For example at the end of 2025 a number of
about 300 Afghans were detained in PRDCs across the country, 1185 while the Hellenic Police officially
stated that returns to Afghanistan have been halted since 2021 onwards. 1186 A total of 4,330 detention
orders have been issued against Afghan nationals during 2025, following a removal decision.1187
- Detention of applicants who have already asked for asylum though the online platform or
persons who did not have the opportunity to apply for asylum while at liberty due to the
misfunction of the online platform. Accessing the online platform and scheduling an appointment to
apply for asylum is pre-requirement in order an asylum application to be fully registered by the Authorities
for persons in mainland Greece. Said platform was not in operation for significant periods during 2025.
Moreover, following the three months suspension of asylum in July 2025 for persons arriving by sea from
North Africa, pursuant to Article 79 L. 5218/2025,1188 all newly arrived persons subjected to the suspension
have been automatically placed in pre-removal detention without having the possibility to apply for asylum.
1.3.
Detention without legal basis or de facto detention
Apart from detention of asylum applicants under the Asylum Code and pre-removal detention under L
3386/2005 and L 3907/2011 and L. 5226/2025, detention without legal basis in national law or de facto
detention measures are being applied for immigration purposes. These cases include the following:
Detention upon entry in RICs or in the ‘Closed Controlled Access Centres’ (CCAC)
Since mid-2022 persons willing to apply for asylum on the mainland have to present themselves to
Malakasa Reception and Identification Centers (RIC) –for South Greece– or Diavata RIC –for North
Greece– in order to undergo reception and identification procedures and for the full registration of their
asylum application. Similarly, on the islands, newly arrived persons are transferred to Closed Controlled
Access Centers (CCAC) for reception and identification and for the registration of their application (see
sections on The domestic framework: Reception and Identification Centres & Registration of the asylum
application).
In both cases, as prescribed by Article 40 Asylum Code, all persons in mainland RICs or CCAC on the
islands are subject to an up to 25-day restriction of their personal liberty within the premises of the
RIC/CCAC. This is a measure amounting to de facto deprivation of liberty, applied in a generalised and
indiscriminate manner. Depending on the registration capacity/workload of the Authorities, prior of the
Decision restricting the liberty within the premises of RIC, additional “waiting periods” within the premises
of RICs/CCAC are applied which may also amount to de facto detention. This means that, in practice, the
only option for persons willing to apply for asylum in Greece is to be subjected to a de facto detention
1184
1185
1186
1187
1188
Administrative Court of Kavala, Decision ΑΡ211/2025, Administrative Court of Rhodes, Decision ΑΡ50/2025, excerpts
available at: https://gcr.gr/wp-content/uploads/Deltio_nomologias_1_2025_GR.pdf, pp. 57-58.
Information provided by the Directorate of the Hellenic Police, 6 March 2026.
Information provided by the Directorate of the Hellenic Police, 6 March 2026.
Information provided by the Directorate of the Hellenic Police, 6 March 2026.
Ministry of Migration and Asylum, Reply in Parliamentary Question, Doc no 237928, 11 December 2025 and
Ministry of Citizens Protection, Reply in Parliamentary Question, Doc no 7017/4/27937-γ’, 13 December 2025,
see https://tinyurl.com/tf65bnhw.
239