In addition, 63% respondents indicated that they had
applied for asylum while in detention, yet were not
released upon doing so and continued to have their
detention prolonged. This would indicate that those
detained in view of removal due to lack of documentation,
were subsequently detained as applicants on new
grounds.The high frequency of these cases raises strong
doubts regarding the review for the grounds of detention
and the legal justification provided for its extension.
Instead, it indicates that third country nationals in PRDCs
have their detention systematically extended despite their
application for international protection and the newly
required sufficient reasoning. In the case A. A. v. Greece,
[196] the applicant was forced to remain in detention
following the filing of his asylum application despite the
suspension of the procedure for his return. The ECtHR
found that the period of detention and its extension
following the registration of the asylum application was not
justified with a sufficient reason, which did not make the
detention necessary for the purpose pursued.[197] This
case reiterates that these practices do not lie in accordance
with the principles of absolute necessity, as per EU
legislation and Greek law,[198] and violates the right to
liberty without sufficiently justified legal means.[199]
Finally, unjustified delays, due to internal systems and lack
of communication amongst authorities, also led to several
respondents waiting just to lodge their application. Yet
according to Article 50(5) of Greek law 4939/2022,
applicants should only be held in detention for as long as is
absolutely necessary, and in particular, ‘delays in
administrative procedures that cannot be attributed to the
applicant shall not justify a continuation of detention’. In
addition, Article 69(7)[200] states that detainees who wish
to lodge an application for international protection should
be provided with an appointment to lodge the application
no later than ten working days after their verbal expression
of willingness. Yet in practice, respondents were detained
for several months while they waited for their application
to be lodged. Rather than their expression of willingness
being prioritised, respondents described situations
whereby procedures were treated with a general lack of
urgency and without follow up or information regarding
their status. These systemic delays, as well as the
ambiguous and flexible legal grounds for detaining an
applicant of international protection, creates a conducive
environment for arbitrariness leading to violations of
Article 5(4) ECHR.
I don’t know the exact reason but they
told me that I entered this land illegally so
I will be taken to a closed camp.The only
thing they told us is that we are
dangerous in their society. We had a
space where we prayed for Muslim people
and one guy was understanding the Greek
language. I used to hear this word all the
time when I asked and he told me what
that word means. Kíndynos [danger] is
the word.
Walid , Paranestii
My brother and I went to the officers
there saying like please write my
name down. I want to apply for
asylum. Then they said, it's all good.
You come tomorrow, we'll take it.
And that was the same thing every
day except the weekends because
you can't apply for asylum on the
weekend, so that was the case for
like 4 months and I was really
frustrated and exhausted and like
mentally really tired. Then I just paid
a lawyer. I gave him 1.200 euros and
when the lawyer went, he said your
name was never taken to the office,
that's why you spent four months
here. That's why you are here for like
four months. So when the lawyer
went, he went and helped me to
apply for asylum. So the officers
never took my name to the list – the
ones who wanted to apply for
asylum. OK, so is it this is, this is why I
am really sad and it was truly hard
for me because I felt like I spent four
months for nothing, for no reason.
Azhar, Amygdaleza
50