4 Administrative detention in Greece: Findings from the field (2018) 5. In the context of the implementation of the EU-Turkey Statement, third-country nationals, arrested on the mainland, in breach of the imposed geographical limitation, are automatically detained in order to be returned to the Northeast Aegean islands, where in many cases they remain detained. The detention measure is imposed systematically and indiscriminately, without taking into account the legal status of the person concerned (e.g. the status of asylum applicant) or examining the reasons for which they left the island, the living conditions there or any possible vulnerabilities, which would in any case lead to the lift of the geographical limitation. This is for example the case of a Syrian citizen who left the island of Lesvos in mid-January 2018 because of the living conditions in the RIC of Moria. He was arrested on the mainland a few days later, and was placed automatically in detention in the pre-removal detention centre of Tavros in order to be returned to Lesvos. The First Instance Administrative Court of Piraeus upheld the Objections against detention lodged with the support of GCR, and underlined that “...The applicant was under a geographical limitation not to leave Lesvos island and to remain at the RIC of Moria. However, the violation of the geographical restriction was justified due to a threat against the physical integrity of the applicant given the conditions prevailing in the RIC of Moria on Lesvos. “Judgment No 94/2018 of the First Instance Administrative Court of Piraeus”. 6. Arbitrary detention in cases of alleged push-backs. Repeated testimonies indicate that newly arrived persons at the Evros region are arrested, arbitrarily detained in appalling conditions and summarily returned to Turkey without being given the opportunity to apply for international protection in Greece. As recorded in a relevant testimony, “[w]e were in a totally unsuitable space for about 24 hours, we couldn’t breathe […] The police officers had their faces covered to obscure their identity, they held clubs, and they spoke in loud and threatening voices for most of our stay there […] we boarded a military vehicle where we could hardly breathe; […] there were also families brought from another detention facility [...] some of them told us in English that this was the third time that they failed to enter the country and they were being returned to Turkey, while for one of them it was the seventh attempt”. Up to now, such practices have not been promptly and effectively investigated by the Greek authorities, despite the recommendations of international and national institutions for the protection of human rights. 7. (Pre-RIC) detention of newly arrived third-country nationals from Evros, in order for them to be subjected to the procedures of reception and identification in the RIC of Fylakio (Evros), despite the lack of a relevant a legal basis in Greek legislation. This is for example the case of a citizen of Iraq who entered Greece from Evros. He was arrested and detained at the PRDC of Xanthi, waiting to be transferred to the RIC of Fylakio (Evros) and to be subjected to reception and identification procedures, for a period longer than one month. The competent Court, inter alia noted that “any delays as of the conduct

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