effectively in a specific case. Such less coercive measures include regular reporting to
the authorities, deposit of an adequate financial guarantee, the submission of
documents, or the obligation to stay at a certain place (Law 3907/2011, articles 22(3)
and 30(1)).
However, during a 2013 visit, the UN Special Rapporteur for the Human Rights of
Migrants found that non-custodial measures were rarely applied and that migrants were
systematically detained. He urged authorities “to undertake an assessment of the
necessity of detention on an individual basis, and apply non-custodial measures
whenever possible” (SRHRM 2013). Similarly, the Committee on Migration, Refugees
and Displaced Persons of the PACE had reported that “detention is applied
systematically without an individual assessment in each case. It is a matter of first resort
rather than last resort” (PACE 2013b).
Criminalisation. Law 3907/2011 provides that a non-national who attempts to enter or
exit Greece without authorisation can be sentenced to prison for at least three months
and fined no less that 1,500 Euros. A person on the country’s list of “undesirable
foreigners” who re-enters Greece without authorisation is subject to a fine of 3,00010,000 Euros and at least a one-year prison sentence. The law stipulates that the public
prosecutor can decide to abstain from pursuing these cases and submit the offender to
administrative expulsion instead. If immediate expulsion is not possible, the non-citizen
may be held in administrative detention (Law 3907/2011, article 82 – 83).
Privatisation. Greece has taken steps to allow private security companies to provide
guards for immigration detention centres, although as of early 2014 it was unclear if
these measure had been implemented. According to news reports, in 2012 legislation
was adopted allowing relevant authorities “to transfer the responsibility of guarding the
centres from the Greek police directly to private security firms.” Then in September
2013, the “Greek Ministry of Public Order said they will issue public tenders, geared
towards private security companies, to manage six temporary detention centres”
(Nielsen 2013).
10
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