discouraging potential asylum seekers from submitting their applications (WGAD 2013;
AI 2013a; 2013b; GCR 2014).
In 2012, the CAT expressed concern that “asylum seekers at border locations are
routinely subjected to long periods of administrative detention.” The committee reminded
Greece that “[t]he length of detention, in combination with the deplorable conditions of
detention, amounts to inhuman or degrading treatment and constitutes a serious
hindrance for asylum seekers to apply for asylum” (CAT 2012).
Procedural guarantees. Greek law provides that immigration detainees are to be
informed of the reasons for their detention and have access to legal counsel, and that
their rights must be communicated to them in a language they understand (Law
3386/2005, article 76(3); Law 3907/2011, article 30(2) and 31(2)). According to the UN
Special Rapporteur on the Human Rights of Migrants, however, detainees often lack
information in a language they can understand, have limited access to legal assistance,
and receive little or no professional interpretation assistance (SRHRM 2013).
The law also provides for the possibility to appeal initial detention orders before an
administrative court (Law 3386/2005, article 76(3); Law 3907/2011, article 30(2)).
However, according to the Special Rapporteur, appealing detention orders is “virtually
impossible,” in part because they are written in Greek and appeals must be submitted in
writing and in Greek, while access to an interpreter and lawyer is not guaranteed
(SRHRM 2013). A specialized committee on migration of the PACE reported similar
conclusions in a 2013 report (PACE 2013b).
Law 3907/2011 also provides for automatic review of the legality of detention. Reviews
are to be carried out every three months by the police director who issued the order or,
in case of extension of detention, by an administrative court (Law 3907/2011, article
30(3)). Yet, both the UN Special Rapporteur on the Human Rights of Migrants and the
PACE committee raised concerns that in practice reviews are done without taking into
account specific features of each individual case (SRHRM 2013; PACE 2013b)
Minors. Provisions in Greek law for the detention of minors are modelled upon the
Returns Directive. Accordingly, unaccompanied minors and families with minors are only
to be detained as a measure of last resort—when no other adequate and less coercive
measure can be used for the same purpose—and for the shortest period of time
possible. Families must be provided with separate accommodation guaranteeing
adequate privacy. Whenever possible, unaccompanied minors are to be accommodated
in institutions that have specialised personnel and facilities. Detained minors are to have
the possibility to engage in leisure activities, including play and recreational activities,
and have access to education if they are confined for long periods of time (Law
3907/2011, article 32).
Asylum legislation provides that the detention of minor asylum seekers should be
“avoided.” When unaccompanied minor asylum seekers are detained, it must only be for
the time necessary for them to be transferred to specialised accommodation for children
(Presidential Decree 114/2010, article 13(6)(b)). According to the GCR, this provision
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