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