5: THE RECEPTION AND IDENTIFICATION
PROCEDURE
This chapter draws on 16 interviews with people who underwent screening within the mainland RICs
between September 2022 and September 2023. Respondents reported that they experienced arbitrary de
facto detention within remotely located RICs which negatively impacted their ability to access information
and legal support, including in relation to flagging a vulnerability to the authorities, and that they were
held for periods sometimes exceeding the legal maximum of 25 days in poor conditions which has a
significant impact on their psychological wellbeing, in some cases leading to retraumatisation. In all cases
respondents reported issues relating to lack of support during their de facto detention which was
compounded by the restricted access to the RICs for civil society actors, including lawyers.
(A) 25-day de facto detention
As per Greek law (Art. 40, 4939/2022) persons undergoing reception and identification
procedures are subject to a restriction of liberty for an initial period of five days, which may be
extended to a total of 25 days by decision of the Director of the RIC. The decision to extend the
restriction of liberty must be issued within five days after entry to the RIC (Art. 40) and people
whose liberty is restricted must be informed of their right to appeal the decision (Art. 40(b)), in a
simple and accessible manner and in a language they can understand or are reasonably expected
to understand (Art. 39). Analysis of 16 interviews of respondents who underwent screening
within the RICs between September 2022 and September 2023 indicates that:
50% of respondents were detained for more than two weeks and in one case the respondent
was detained for 28 days in Malakasa RIC, demonstrating the systematic extension of the
preliminary five day de facto detention period, including beyond the legal maximum period
of 25 days (Art. 4, 4939/2022)
93% of respondents reported that their liberty was restricted immediately on entry to the
RIC, but they were not aware of the actual date on which the decision to restrict their
movement was issued, possiblyleading to them being detained beyond the 25-day maximum
period due to a time lag between their physical entry to a RIC and the official start of the
reception and identification procedure
No respondents reported that they received the deprivation of liberty decision in a language
they could understand, although eight respondents reported that they received a document
written in Greek which they did not understand and were not offered translation assistance,
amounting to deprivation of their rights under legal safeguards for detained asylum seekers
(Art. 50, 4939/2022)
No respondents were informed of their right to appeal the deprivation of liberty in a
language they could understand, in contravention of Greek law (Art. 39, 4939/2022).
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