- 35 Persons who have applied for asylum in Greece may be detained in accordance with
Presidential Decree 114/2010 on the asylum procedure for up to three months which may be
extended by an additional three-month period. The reasons for detention are, notably, establishing a
person’s identity, carrying out a speedy and effective examination of an asylum claim and the
existence of a threat to public order or national security (Article 13). Further, Article 59 of Law
4075/2012 added an additional ground of threat to public health, based on a suspicion of carrying an
infectious disease due to, inter alia, the country of origin or living conditions which do not meet the
minimum standards of hygiene. This provision has been criticised by UNHCR and civil society
actors regarding its discriminatory nature and use, and the UN Committee against Torture has urged
the Greek authorities to repeal it.30 The CPT would welcome the observations of the Greek
authorities on this matter.
Moreover, following a mass application for asylum by persons held in Corinth pre-departure
centre, the Greek authorities adopted Presidential Decree 116/2012 of 19 October 2012, which
provides for the detention of asylum seekers to be extended by an additional period of up to
12 months. Consequently, asylum seekers may now also be detained for up to 18 months.
59.
It is also worth recalling that irregular migrants who are not considered dangerous or a flight
risk or who have not been able to be deported within a particular period (currently one year) of
detention, will be provided with a paper stating that they must leave the territory of Greece within a
certain period which cannot exceed 30 days; often the period is seven days. Upon expiry of this
period the persons are liable to be detained again. In addition, migrants who may have been living
in the country for a year or more pending their asylum application will be detained at the moment
they attempt to renew their “pink card” if their application has been rejected in the meantime.
b.
recent policy developments
60.
The Action Plan on Asylum and Migration Management adopted in 2010 and updated in
December 2012, consists of five pillars:
- integrated border management system which has, in particular, enhanced police presence
and cooperation along the Greek and Turkish land border in the Evros region and led to a
significant reduction in the number of irregular migrants entering Greece;
- identity checks in urban areas, notably the “Xenios Zeus” operation in the Athens area
which has resulted, inter alia, in over 5,000 migrants being detained for not having valid
papers permitting them to remain in the country;
- establishment of an asylum and first reception system which should lead to a more efficient
and effective processing of asylum claims; it includes the establishment of several first
reception centres to which irregular migrants should be sent upon entering the country in
order to be screened according to their vulnerability and possible protection needs.
Detention in these centres should not last more than 15 days but may be extended up to 25
days. Thereafter, a person will either be provided with an asylum seeker card and the
appropriate support until such time as the request for international protection has been
completed or preparations will be made for returning the person to their country of origin. 31
A first centre started operating in Filakio on 15 March 2013 and at the time of the visit had
the capacity to accommodate 60 persons which should be increased to 200; two additional
centres are under construction in Attiki and Lesvos.
30
31
See Concluding observations of the Committee against Torture on Greece, 27 June 2012 (paragraph 21).
See Article 11 of Law 3907/2011.
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