Detention Policy Key norms. Immigration detention in Greece is regulated by three main pieces of legislation: (1) Law 3386/2005 on Entry, Residence and Social Integration of ThirdCountry Nationals on Greek Territory which provides Greece’s principle legal framework governing entrance and departure of non-citizens and regulates detention upon entry; (2) Presidential Decree 113/2013, which provides for detention of asylum seekers; and (3) Law 3907/2011 on the Establishment of an Asylum Service and a First Reception Service, which transposed the EU Returns Directive. Like Malta, Greece relied on the possibility offered in the directive not to apply it to persons apprehended or intercepted in connection with irregular border crossing, thereby preventing these people from accessing provisions in the directive like alternatives to detention. In early 2012 Greece adopted Law 4075/2012, which amended Law 3386/2005 and Presidential Decree 114/2010. The new law, which has been heavily criticized in and outside Greece, expanded the grounds for detention, particularly on the basis of healthrelated reasons (see “Grounds for detention” below). Grounds for detention. Greek law provides three specific grounds for pre-removal detention. Non-citizens may be detained if they: (1) display a risk of absconding; (2) avoid or hamper the preparation of return or the removal process; or (3) present a threat to public order or national security (Law 3386/2005, article 76(3); Law 3907/2011, article 30(1)). The risk of absconding is measured by an assessment of various criteria, including: noncompliance with a voluntary departure obligation; an explicit expression of intent to avoid removal; possession of false documents; providing false information to authorities; convictions for criminal offences, pending prosecution, or serious indications that the person concerned has committed or is about to commit a criminal offense; the lack of travel documents or identity documents; prior escape; and/or non-compliance with an existing entry ban (Law 3907/2011, article 18). In early 2012 Greece adopted Law 4075/2012, amending Law 3386/2005 and Presidential Decree 114/2010. The new law added health-related grounds for detention of both irregular migrants and asylum seekers. Accordingly, non-citizens may be detained if they constitute a danger to public health because of an infectious disease, belong to a group vulnerable to infectious diseases, or live in conditions that do not meet minimum standards of hygiene. The Special Rapporteur on the Human Rights of Migrants has argued that these measures are discriminatory and target the most vulnerable migrants, and that the majority of medical problems suffered in immigration detention are directly linked to detention conditions in the country (SRHRM 2013). The Greek Council for Refugees (GCR) has pushed for revocation of this legislation on the grounds of its incompatibility with international law while the UN Committee against Torture (CAT) has urged the country to replace it with appropriate medical measures (ICJ and ECRE 2013; CAT 2012). 5