44 GREECE IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS 7. RECOMMENDATIONS Amnesty International makes the following recommendations to the Greek authorities that, if implemented, would improve human rights protection for asylum-seekers and migrants in detention in Greece: On immigration related detention in general
Ensure that detention of irregular migrants only occurs in exceptional circumstances, on grounds prescribed by international law and in compliance with the principles of necessity and proportionality.
Ensure that a presumption against detention is provided by law. Ensure that other less restrictive alternatives to detention are always considered first and given preference before resorting to detention.
In situations where detention is unavoidable, and has proven to be necessary on the basis of an individual assessment of each case, ensure that asylum-seekers and irregular migrants are held in adequate conditions and granted access to all procedural rights as defined under international law and standards.

Ensure that a range of alternative, non-custodial measures are available and accessible in law and in practice, and fully considered before resorting to detention, only resorting to detention if it is established that no alternative will be effective in achieving the legitimate aim.
Immediately release those who cannot be deported. Ensure compliance of detention practices regarding irregular migrants by implementing the ruling of the ECtHR in the case of Tabesh v. Greece.
On detention of refugees and asylum-seekers End the detention of asylum-seekers for immigration purposes in law and in practice, in line with international human rights standards which require that such detention is only used in the most exceptional circumstances.
Ensure asylum seekers and refugees are not penalized for irregular entry or stay, including by imposing penalties or detention.
Ensure compliance of national legislation and practices on asylum-seekers’ detention with the ruling of the ECtHR in the case of S.D. v. Greece.
Amnesty International July 2010 Index: EUR 25/002/2010