Severe overcrowding and poor conditions in migration detention facilities and police and border guard stations have worsened since the entry into force, in summer 2009, of the Presidential Decree 81/2009 dealing with the administrative detention of irregular migrants. This law extended the maximum detention period of detention from three months to six or in some cases to an additional period of twelve months, which has led to an increase in the number of persons detained. This deterioration of the situation with regard to detention is significantly more evident at border locations (Evros in particular), but similar bad conditions are observed in many urban settings, particularly in Athens (Athens Aliens Directorate) detention facilities – PetrouRalli, Athens International Airport and the numerous police stations where asylum seekers and irregular migrants are being detained. Issues of great concern are the overall lack of information for detainees on the duration of detention, their rights in detention, the inability of detainees to communicate with the outside world and their limited ability to access legal aid (not least because the resources of NGOs providing legal aid are overstretched). The UN reported in January 2013 that few detainees are aware of their right to legal 82 assistance and, in numerous instances, do not enjoy this right without payment . Information leaflets on the rights of detainees found in detention facilities have been found to be very vague and to refer only to the right of detainees to contact a lawyer, but not to the right to free legal assistance. In those circumstances, lodging an asylum application while in detention is almost impossible. UNHCR also has received a number of reports of police violence, insults or degrading and inhuman treatment suffered by persons in detention. Furthermore the Council of Europe Human Rights Commissioner noted in his report following his visit in January and February 2013 that the lack of access to adequate health in the police run detention 83 facilities was an important issue. He noted that even though the Ministry of Public Order is aware of it, “a lack of funds hinders the implementation of any regular health care programme”. An indication of the worsening detention conditions is provided by UNHCR’s observations in the Evros region in October 2010. Evros has seen a dramatic increase in the number of irregular arrivals this year. According to most recent figures provided by the local police authorities, the number of arrivals reached 34,000 persons, compared to almost 9,000 persons in the same period in 2009. In addition, as many as 44 persons have been officially registered as having died while attempting to reach the Greek side of the Evros River in the first 10 months of 2010. The actual number of persons drowned is believed to be higher. During its visit to Evros, UNHCR observed a severe deterioration of the detention situation for new arrivals in Greece due to overcrowding of existing detention centres. Men, women and children were crammed together with little space, in dire hygiene conditions and without access to open air. Essential services such as information to persons in detention, language interpretation and legal counselling on 84 the asylum procedure were completely absent. Access to medical treatment or care was very limited. The situation was particularly serious for persons with special needs, such as unaccompanied and/or separated children and single women with small children. UNHCR called for urgent measures to address the detention conditions and the lack of functioning screening procedures, including for persons in need of international protection. UNHCR has characterized the current situation at the borders as a 85 humanitarian crisis. 82 83 84 85 See UN News Centre, Greece must improve detention conditions for migrants – UN experts, 31 January 2013. Council of Europe: Commissioner for Human Rights, Report by Nils Muižnieks Commissioner for Human Rights of the Council of Europe following his visit to Greece from 28 January to 1 February 2013, 16 April 2013, CommDH(2013)6, para. 144. UNHCR, Submission by the United Nations High Commissioner for Refugees for the Office of the High Commissioner for Human Rights’ Compilation Report – Universal Periodic Review: Greece, November 2010, p. 8 Idem. 51