In addition, the frequency of arrests and detention of both undocumented and documented
people in Greece, including asylum seekers, is reflected in the exponential increase⁸⁹ in the
population of people in administrative detention facilities in Greece in recent years. According to
data collected by UCL and ETH Zürich in 2022 and 2023,⁹⁰ 17% of 1,707 people surveyed about
their experiences of seeking asylum in Greece, most of whom had arrived in Greece by 2021,
reported experiences of detention since arriving in the country. The ongoing detention of people
who have booked an appointment amounts to a violation of the EU Reception Conditions
Directive, which foresees the use of administrative detention for asylum seekers only in
exceptional circumstances. Testimonies indicate that in practice arrests are arbitrary, do not
involve a proper assessment of proportionality of detention measures, and people are therefore
detained without any legal basis or justification.
Detention of asylum seekers with an appointment to register their asylum
claim
Despite EU law (Recital 27 and Art. 2(b), 2013/32/EU) and Greek legislation (Art. 69,
4939/2022) stating that third country nationals who have expressed their wish to apply
for international protection should be recognised as applicants and therefore benefit from
protection and reception conditions, our research indicates that applicants are detained
on the grounds of staying illegally in Greek territory, even when showing proof of their
appointment receipt.
According to our research:
Applicants have been arbitrarily detained in police stations as well as PRDCs,
including Amygdaleza, Corinth and Paranesti. In three cases respondents were
detained in more than one detention facility;
Applicants have been detained for periods of one month to beyond seven months,
and face risk of removal from the territory;
Applicants with vulnerabilities have been arrested and detained in PRDCs when
presenting at Malakasa RIC.
The arbitrary arrest and detention of applicants with registration appointments has also
been consistently raised by GCR, particularly while the online platform was suspended
between May and August 2023. At least eight Greek Administrative Court Decisions have
ruled that this is illegal, yet RSA state that the Greek government has taken no actions to
comply with these rulings; in fact it attempted to overturn the case law by unsuccessfully
requesting withdrawal of the first of the judgments.
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