Domestic legislation establishes automatic review of the legality of pre-removal and
asylum detention. Under Law 3907/2011 (article 30(3)), reviews of pre-removal
detention are to be carried out every three months by the police director who issued the
order or, in the case of detention extension, by an administrative court. In turn, pursuant
to Law 4375/2016 (article 46(5)), reviews of asylum detention are to be carried out by
judicial authorities. In 2013, however, the UN Special Rapporteur on the human rights of
migrants raised concerns that in practice, reviews are conducted without taking into
account the specific features of individual cases.32
The law also allows detainees to appeal an initial detention order or its extension before
an administrative court (Law 3386/2005, article 76(3);; Law 3907/2011, article 30(2);; Law
4375/2016, article 46(6)). However, in 2013 the Special Rapporteur on the human rights
of migrants observed that appealing detention orders was “virtually impossible,” in part
because they were written in Greek and appeals must be submitted in writing and in
Greek, while access to an interpreter and lawyer was not guaranteed.33 Since 2016,
asylum seekers have been entitled to free legal assistance and representation to
challenge their detention (Law 4375/2016, article 46(7)). Yet, as observed by the GCR,
no free legal aid system for challenging asylum detention has been established.34 During
its 2015 visit, the Special Rapporteur also noted that cell phones are confiscated and
access to a phone is not guaranteed for those who lack resources to pay for calls
themselves. This prevents detainees from obtaining information or evidence to
substantiate their claims.35
Trends and statistics. According to official statistics, 14,864 non-citizens were detained
in pre-removal detention centres in 2016, ��of whom 4,072 were asylum seekers. The
number of asylum applications submitted from detention was 2,829 in 2016 and 2,543 in
2015.36
Alternatives to detention. Non-custodial “alternatives” to pre-removal detention were
introduced following the transposition of the Returns Directive. Under article 30(1) of
Law 3907, non-nationals may be placed in pre-removal detention only if no other
http://www.ohchr.org/EN/Issues/Migration/SRMigrants/Pages/CountryVisits.aspx. The lack of legal and linguistic
assistance was also highlighted by the AITIMA, see: “FORGOTTEN: Administratively detained irregular migrants and
asylum seekers,” October 2016, http://www.aitima.gr/index.php/en/news/324-10-october-2016-new-aitima-report-
forgotten.
32
Special Rapporteur on the human rights of migrants, “Report of the Special Rapporteur on the human rights of
migrants on his mission to Greece,” A/HRC/23/46/Add.4, 17 April 2013,
http://www.ohchr.org/EN/Issues/Migration/SRMigrants/Pages/CountryVisits.aspx.
33
Special Rapporteur on the human rights of migrants, “Report of the Special Rapporteur on the human rights of
migrants on his mission to Greece,” A/HRC/23/46/Add.4, 17 April 2013,
http://www.ohchr.org/EN/Issues/Migration/SRMigrants/Pages/CountryVisits.aspx.
34
Greek Council for Refugees, “Country report: Greece,” Asylum Information Database (AIDA), European Council on
Refugees and Exiles (ECRE), December 2016, http://www.asylumineurope.org/reports/country/greece.
35
Special Rapporteur on the human rights of migrants, “Report of the Special Rapporteur on the human rights of
migrants on his mission to Greece,” A/HRC/35/25/Add.2, 24 April 2017,
http://www.ohchr.org/EN/Issues/Migration/SRMigrants/Pages/CountryVisits.aspx.
36
Greek Council for Refugees, “Country report: Greece,” Asylum Information Database (AIDA), European Council on
Refugees and Exiles (ECRE), December 2016, http://www.asylumineurope.org/reports/country/greece.
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