Figure 7. Distribution of Allocated Funds under European Return Fund, 2008-2013
Third, Greece designed its policy under the assumption that detainees would agree to return
within a relatively short period of time.97 In practice, however, its expectations were not always
met. In the course of 2013, the majority of irregular migrants refused to return; out of those,
300 migrants had been detained for more than 18 months.98 An unknown number was
subsequently released by the police, because they simply refused to return even after 24
months of detention and another 150 detainees were released after the Greek courts ruled that
detaining them beyond 18 months was unlawful.99,
However, because detention is costly, even a minimal loss may translate into millions of euros.
In the case of the 150 detainees for instance, the loss in resources was EUR 1,3 million within 1,5
year; in the case of the 300 migrants, the loss was almost EUR 2,6 million in 1.5 year. If we take
now the hypothetical scenario that all detention centres are operational at full capacity, should a
30% of all detainees refuse to return per year, this would translate into an annual loss of EUR
12,960,000 invested in their detention, i.e. almost 1/3 of Greece's 2013 grant under the
European Return Fund.
Greece's plan was further based on the assumption that asylum claims would be processed
within 2 months; in case of a negative decision, the migrants would be promptly returned. In the
course of 2013-2014, the average time needed to examine an asylum claim submitted by a
97
National Action on Asylum and Migration Management, 2013, p. 53, “ all immigrants who do no fall under the
status of international protection … will be arrested, detained and returned to their countries of origin. In the case of an
application for international protection, this … will be examined in a maximum period of 2 months, and if rejected, the
illegal immigrant will be returned”
98
See Greek Legal Council, Advisory Opinion 44/2014, available at
http://www.nsk.gov.gr/webnsk/gnwmodothsh.jsp?gnid=1868995
99
See D. Aggelidis, “Ελεύθερος ο ένας από τους τρεις εξεγερμένους κρατούμενους του ΕΛληνικού”, Efimerida
ton Syntakton Newspaper, 3 October 2014, available at http://www.efsyn.gr/?p=240391
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