6 months, on top of any Pre-RIC detention time) was their in-between transfer to and
from the RIC (for registration and asylum-examination purposes) and back to their preremoval holding cells.38
Sample case in Evros
Case of female applicant (Tunisian) who was a victim of domestic violence
and was suffering from Diabetes (I). She was apprehended at Evros in the
summer of 2016 (August) and was registered as an asylum seeker in September of the same year. Despite her vulnerability, which led to her constantly
being transferred to the Didimoticho hospital and to a short-term hospitalization at the general public hospital of Alexandroupoli, she remained in detention at the Pre-Removal Center at Fylakio, Evros, for three months.
Discriminatory detention on the islands
Leaving aside any systemic deficiencies (e.g. lack of accommodation spaces) which, in
themselves, still provide no justification for the detention of persons fleeing acts of
persecution (amongst which, detention itself), a highly systematized and arbitrary practice of detention has been similarly and seemingly regularly enforced at the island borders, as well. Based on this practice (so-called “pilot project”), which was reportedly
launched and enforced by the Greek police as far back as October 2016,39 island newcomers consisting of single, non-vulnerable, men of so-called “low-recognition rate”
nationalities have, upon arrival, been as a rule immediately detained.40
Based on GCR’s field-based experience, as well as interviews/discussions held during
our visits in both Kos and Lesvos, by early January 2018 this was a very much an
ongoing and established practice,41 seemingly exceptionally not enforced only when
conditions of congestion would also be reflected in the non-availability of detention
spaces. What is more, as of October 2017 the same discriminatory principle also started
applying to Syrian asylum seekers, while at some unspecified point in time and up to
our visit in Lesvos (11-15th December 2017), Iraqi nationals had further been added to
its victims.
As for the justification, allegedly this discriminatory type of detention has been enforced on the basis that some applicants merely apply for asylum in order to “delay or
frustrate the enforcement of a return decision”, and thus within the premises of the
Law.42 As it has been on multiple occasions observed, however, “this reasoning is being used to detain individuals immediately upon arrival in Greece, before they have
even completed their initial registration”.43 Therefore, in practice, it amounts to a prejudiced treatment of asylum seekers on the basis of their nationality and/or gender, and
17
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