Citizens Protection towards this direction have been issued. The practice of the Greek
authorities is to keep in detention persons even in cases where it is clear that the purpose of
detention cannot be achieved (deportation, completion of the asylum procedure), they exhaust
the maximum detention periods -especially for asylum seekers – and it seems that they use
detention, either in the framework of removal or within the asylum procedure, as a sanction per
se. As concerns alternative measures they are never examined by the police authorities even in
case of a person whose residence is known.
Concerning the length of detention, Article 13.4 of the Presidential Decree 114/2010 has
been recently amended by Presidential Decree 116/2012 in order to extend the maximum
period of detention for asylum seekers. According to the new Presidential Decree, asylum
seekers awaiting a decision on their application in Greece might be detained up to 18 months.
The provisions governing the maximum length of detention extension of asylum seekers in
Greece have recently been changed. According to the article 13 PD 114/2010 the maximum
duration of the asylum seekers‟ detention is up to 90 days and according to the same article:” If
the applicant has been detained earlier in view of an administrative deportation order, the total
detention time can not exceed 180 days”. According to the new amendment, detention can be
further prolonged up to 12 months, by a Police administrative decision. This change was
brought about in the new Presidential Decree 116/2012, published at the Greek Government
Gazette on 19 October 2012. This Presidential Decree breaches International law and European
Union law and is to be annulled before the Council of the State after an application for
revocation was lodged by Greek Council for Refugees.
In addition to that, a new legislative provision introduced the health status as ground for
detention of migrants and asylum seekers. Specifically a decision was issued by the Ministry of
Health (G.Y. 39a/02-04-2012) which, inter allia : a) includes provisions, applicable also to
asylum seekers, requiring by them to live, on their own means, in a residence that contributes to
safeguarding the tenants‟ security, including their bodily and mental health, while the Greek
State does not provide them reception conditions, although the State is obliged to do so by P.D.
220/2007 “Adapting the Reception Directive 2003/9/EC of 27 January 2003 laying down
minimum standards for the reception of asylum seekers (EEL 31/6.2.2003)” and b) includes
obligatory control of migrants and asylum seekers for a number of diseases i.e. HIV, etc. and is
used as a de facto ground for detention by the Greek authorities. This decision breaches
International and European Union Law and is to be annulled before the Council of the State
after an application for revocation was lodged by Greek Council for Refugees and the Greek
Department of ACT-UP (AIDS Coalition to Unleash Power).
A detention decision can be contested before the president of an Administrative Court of
first instance. The procedure is called “objection against detention” and it has been repetitively
judged by the ECtHR that does not constitute an effective legal remedy due to the fact that the
control of the lawfulness of detention is excluded - (detention conditions, proportionality etc.).