GREECE
IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS
35
Decision No. 4000/4/46−A determining the details for the execution of judicial and
administrative deportation orders. Article 13(4) of PD 90/2008 states that women asylumseekers should be detained separately from men, that the authorities should refrain from
detaining children and pregnant women seeking asylum, and that adequate medical care
should be provided to detained asylum-seekers.120 Article 5(2) of the Joint Ministerial
Decision stipulates that “… minors and women are detained in separate areas unless grounds
for the protection of minors or for the continuation of family unity require different
treatment”. Article 5(2) also allows for the temporary detention of aliens against whom a
deportation order has been issued in police station cells if there is a lack of “special facilities
for hosting foreigners”. Standards regarding detention conditions of irregular migrants and
asylum-seekers can also be found in Protocol Regulation 4803/22/44 on the treatment and
the rights of persons detained by police authorities of July 2003.121 Standards also exist in
the Greek Correctional Code (Law 2776/1999) which applies to individuals held in prison
facilities. 122 However, the latter standards seem to apply only for irregular migrants and
asylum-seekers issued with a judicial deportation order.123
5.1. IMMIGRATION DETENTION CENTRES AND OTHER HOLDING FACILITIES
Asylum-seekers and irregular migrants facing deportation can be held at immigration
detention centres. The terms generally used by the Greek authorities to describe these
centres are “special areas for hosting foreigners” or “special facilities for aliens” (Article
81(1) of Law 3386/2005). So-called “special facilities” exist at the country’s points of entry
such as Evros (Fylakio), Rodopi (Venna), Attika (Amygdaleza) and the islands of Samos
(Vathi) and Chios (Mersinidiou). Irregular migrants and asylum-seekers are also detained at
holding facilities at Attika and Thessaloniki Aliens’ Police Directorates.124
Following a visit of the Deputy Minister of Citizens’ Protection in October 2009, Pagani
immigration detention centre was temporarily closed on 6 November 2009.125 The Deputy
Minister himself deplored the conditions of detention.126
There is a lack of clarity surrounding the status of the existing immigration detention centres,
since the majority, if not all of them, have been established and operate without the adoption
of a Joint Ministerial Decision as required by Article 81 (1) of Law 3386/2005.127 The
existing centres are guarded by the police and funded by the Ministry of Interior through the
Prefectures, but there is no public authority defined in law which is responsible for their
management.128 The absence of a Ministerial Decision has also resulted in the lack of
standards and terms of operation for the existing immigration detention centres.129 In its
2009 Report on Greece, the CPT underlined the urgent necessity “…to adopt such
standards, guaranteeing a diversified regime, with activities and recreation, including the
possibility of one hour of outside exercise”. 130
The Working Group on screening centres has pointed out that the lack of a Ministerial
Decision regarding the framework for management and operation of the current centres
causes most of the problems that have arisen in them. Thus, the Working Group has proposed
that the framework for the operation of the proposed centres and the authorities responsible
for the management of immigration detention and planned screening centres be proscribed
explicitly in law.
In the past year, Amnesty International has visited various immigration detention centres.
Index: EUR 25/002/2010
Amnesty International July 2010
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