INTRODUCTION
Immigration Detention in Greece
Since the implementation of the Schengen
Area in 1995 establishing freedom of internal
movement and the removal of border controls,
European Union (EU) Member States have
adopted extensive measures to strengthen the
external borders of the bloc. The continued lack
of harmonisation of the Common European
Asylum System has further enabled Member
States to implement their own laws and
practices to navigate and prevent the arrivals of
people at their borders, diverging considerably
from protection mandates or upholding of
fundamental rights. In accordance with these
policies, the use of immigration detention has
proliferated to the extent that it has become
normalised and institutionalised, particularly in
external Member States,3 despite European law
stating that it should only be used as a measure
of last resort.4
In Greece, the detention of applicants of
international protection and third country
nationals subject to return orders followed this
trend, although particularly increased following
the influx of arrivals since 2015. In addition,
the election of Nea Demokratia in 2019
saw the rapid implementation of restrictive
policies against people on the move, with
specific consequences for irregular arrivals
regardless of their expression of willingness to
claim asylum. Despite the use of immigration
detention remaining an exceptional measure in
European law,5 it became embedded in practice
in Greece following the implementation of
the International Protection Act in 2020 and
a succession of amendments that followed,
expanding the grounds for detaining people
on the move for increased periods of time.
Procedural safeguards were also removed from
Greek asylum law,6 enabling the systematic
and arbitrary detention of individuals on the
grounds of public order or being considered a
‘suspect for escape’.7 The additional and highly
concerning amendment to Greek return law
in 20208 overturned the principle of detention
for third country nationals in view of removal
as one of exception, into the norm. Despite the
extensive documentation9 of informal expulsions
from Greece via pushbacks mechanisms, the
ongoing lack of EU Readmission Agreements,
Greek Bilateral Agreements and general
dysfunctional cooperation between Greece
and either countries of origin or alleged ‘safe
third countries’ restricts the possibility and
efficiency of returns. This raises strong doubts
regarding the proportionality and reasonable
prospect of removal, and thus legal justification
of detention.10
Nevertheless, people on the move may be
held in Pre-removal Detention Centres (PRDCs)
for periods extending beyond 18 months,
as codified in national law.11 In their 2021
report, the Greek Council for Refugees (GCR)
acknowledged that the use of detention to
control people on the move has become default
in Greece; as of July 2021 3,000 people were in
immigration detention, nearly 50% of which had
been for more than six months.12 Irrespective of
the fact that Minister of Migration and Asylum,
Mitarachi, announced that “Greece is no longer
experiencing a migration crisis” after arrival flows
in Greece showed to have decreased with 60%
in the first seven months of 2021 as compared
to 2020,13 increasingly hostile migration policies
and violence against people on the move has
intensified. In 2022, the number of recorded
arrivals has risen again, yet people are met with
closed, prison-like structures and restrictive
asylum procedures.
Despite the European Committee for the
Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT)14
carrying out several visits to PRDCs and police
stations in Greece since 2005, noting the
severely inadequate conditions of facilities and
significant reports of violence,15 few substantial
changes have been made. This is frequently
recognised by the CPT in their reports,
indicating that their recommendations have,
on the whole, been ignored. In addition, aside
from country visits being sporadic, they are
officially planned, and may not provide insight
into issues such as violence, which can be kept
relatively invisible. In general, detention centres
are extremely restricted to the public, and only
specific actors, including the United Nations
High Commissioner for Refugees (UNHCR), the
International Committee of the Red Cross, the
International Organisation for Migration, the
GCR and other legal organisations are granted
6