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). 30

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