6 Administrative detention in Greece: Findings from the field (2018)
outdoor area, third-country nationals (administrative) detainees are detained together
with persons facing criminal proceedings, there is lack of sufficient natural light and
ventilation, sanitation conditions are poor, the use of mobile phones is not allowed,
there is no recreational activity whatsoever, no medical services are provided, and there
is no appropriate space for visits or cooperation with a lawyer. At the end of 2018, almost
1/3 of the administrative detained third-country nationals in Greece remained detained
in police stations (835 detainees out of a total of 2,933). Respectively, in many cases,
detention conditions prevailing in pre-removal detention centres (PRDC) do not meet
basic standards, despite the fact that these facilities were established specifically for the
detention of third-country nationals.. This is for example the case of Tavros (Petrou Ralli)
PRDC, which, according to the European Committee for the Prevention of Torture (CPT),
due to its “carceral design [...] [is] totally inadequate for holding irregular immigrants for
short periods of time, let alone weeks or months” and the PRDC of Fylakio where, during
2018, detainees remained in overcrowded dorms (of about 60-70 people) with extremely
limited access to the outdoor area. Access to medical services is also extremely limited
in pre-removal detention centres. At the end of December 2018, out of the total 20
advertised positions for doctors, only 9 were filled.
11.
Effective judicial protection ofthird-country nationals under detention, including
asylum seekers, is seriously undermined by systemic problems and practices, observed
also in 2018, such as the lack of free legal aid scheme to challenge detention and the
ineffectiveness of the legal remedy provided by national law to challenge detention
(Objections against detention). Main issues related to the effectiveness of the legal
remedy of objections against detention include inter alia:
»» The absence, in practice, of a contradictory procedure within the context of the
Objections, as the Administration as a rule does not appear before the Court.
»» The lack of a second instance examination and the possibility to appeal against a first
instance negative decision.
»» The lack of thorough examination of the detention conditions. This is for example
the case of a Syrian citizen, who was detained for a period of two months in a police
station, which is per se not suitable for prolonged detention. The allegation regarding
detention conditions was rejected on the ground that “his allegations that the
conditions of detention at the police station were inappropriate [...] are not proven”,
Judgment 170/2018 of the First Instance Administrative Court of Rhodes.
»» The prioritisation of the examination of the “risk of absconding” over other allegations
related to the lawfulness of detention, which results in the non-examination of crucial
allegations. This is for examplethe case of a vulnerable detainee who was hospitalised
in the Psychiatric Hospital of Athens and submitted before the Court a medical
opinion indicating that he showed self-destructive behaviour. The Objections against