7 Administrative detention in Greece: Findings from the field (2018)
detention were rejected on the grounds that there was a risk of absconding, without
taking into account the vulnerability of the detainee and the effect of detention on
his health, Judgment 1952/2018 of the First Instance Administrative Court of Piraeus.
»» Systematic imposition of restrictive conditions/ alternative measures, where the
Objections are upheld.
Finally, the control of detention within the context of ex officio judicial examination
remains stereotypical and automated. In 2018, out of a total of 1,359 detention decisions
(return and asylum) referred to the First Instance Administrative Court of Athens in order
to be examined under the ex officio judicial examination procedure, it was only in 4
cases (0.2%) where the continuation of detention was not approved.
The increased number of detainees over the last years, as a consequence, inter alia, of
the implementation of the EU-Turkey Statement, a trend which was also confirmed in
2018, constitutes an alarming phenomenon, connected tofundamental rights violations
of the persons against whom this measure is imposed. In a number of cases, these are
related to administrative shortcomings, such as the problematic access to the asylum
and delays in the asylum procedure while in detention. In addition, the insistence on
using the measure of detention, as also demonstrated in the findings of GCR for the
year 2018, often in breach of the guarantees prescribed by law and the international
framework, raises concerns regarding the respect of basic fair State guarantees in the
imposition of the measure and, at the same time, indicates that the measure is used
in a punitive manner, contrary to its administrative nature. A fortiori, the insistence on
using substandard detention facilities, including the absolutely inappropriate police
cells, exposes third-country nationals subjected to the measure to a real risk of inhuman
and degrading treatment, in breach of the guarantees of Article 3 of the ECHR and, at
the same time it exposes Greece to the risk of new convictions before international
jurisdiction.
Greek Council for Refugees
February 2019