6 GREECE IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS 1. INTRODUCTION The Greek authorities should undertake a comprehensive overhaul of the legislative framework, policies and practices regarding the detention of irregular migrants and asylumseekers, including in particular the treatment of unaccompanied children. These are the key conclusions from Amnesty International’s latest research into this issue which shows that currently, immigration related detention in Greece is used without regard to its necessity or proportionality, and not as a measure of last resort. Asylum-seekers and irregular migrants, including unaccompanied children, are routinely detained at the country’s points of entry and, within three days, are issued with an administrative deportation order.1 Usually, the deportation order is accompanied by an order for the continuation of detention. No alternatives to detention are examined. In addition, Greek law makes irregular entry into and exit out of the country a criminal offence. Moreover, as of June 2009, the maximum period of detention for the purposes of administrative deportation has increased from three to six months. In addition, the legislative framework for immigration detention, along with a poor system of guardianship and limited special reception facilities to which unaccompanied children could be transferred, also results in cases where such children are being detained for long periods in inadequate or poor conditions. Vulnerable groups such as victims of torture or trafficking, and pregnant women, are also detained. Amnesty International has also identified impediments to detainees’ access to legal counsel and to contact with the outside world, as well as limited or lack of access to interpreters, medical assistance and social care in the detention areas where irregular migrants and asylum-seekers are held. This lack of qualified personnel such as interpreters, lawyers and social workers can lead to a failure in identifying many individuals who are in need of international protection, and to members of vulnerable groups not receiving appropriate care and support. The failure to identify individuals in need of international protection means that their cases are not considered and they may be at risk of refoulement. Asylum-seekers and irregular migrants have complained about a lack of information about the grounds for and/or length of their detention, as well as on asylum determination and deportation procedures, reasons for transfer to other immigration detention centres and a failure to explain or translate documents issued in Greek which they are expected to sign. There are also concerns about the identification process of the nationalities of irregular migrants and asylum-seekers and allegations that unaccompanied children have been registered as adults, despite their declarations to the contrary. Furthermore, prolonged detention and poor detention conditions act as a deterrent for Amnesty International July 2010 Index: EUR 25/002/2010