10 I. Updates to Legal Framework From January to December 2023, there were no major changes to the legislation governing detention in Greece. That being said, a couple of significant cases were adjudicated in various courts during the reporting period on whether Türkiye’s designation as a “safe third country” remained lawful. detention while simultaneously urging the police to consider issuing a postponement of removal order.7 Additionally, Equal Rights submitted objections on behalf of two asylum seekers detained on public order grounds after being accused of committing low-level crimes. The detention of asylum seekers for public order and national security reasons occurred for the first time in Kos during January and February of 2023, with the police following an incorrect In February 2023, the Greek Council of State interpretation and application of the law. One submitted preliminary questions to the Court of these objections had a positive outcome, and of Justice of the European Union (CJEU) the individual was released on the following regarding the designation of Türkiye as a safe grounds: the type and nature of the criminal third country for applicants for international charges did not amount to him posing a severe protection. One of the preliminary questions risk to public order and safety, and his referred to the CJEU was whether Member detention failed to respect the principle of States can designate a country as a safe third proportionality, which allows an individual to country if it has refused readmissions for more be detained only when there are no alternative, than 20 months and it does not appear that the less intrusive measure to the detention. After country is going to change its attitude in the examining the type and the nature of the near future. pending criminal charges, and considering the 5 Then in June and July of 2023 respectively, the Administrative Courts of First Instance of Komotini and Kavala in Greece ruled that the conditions for detention in four cases involving Afghan nationals were not satisfied due to the lack of reasonable prospect of return, as Türkiye had suspended returns to its territory since March 2020 and there were no fact that there was not yet a final conviction, the court thus further defined what does not consist of a threat to the public order. After the court’s decision, the police ceased issuing detention orders for public order reasons and the asylum service started issuing decisions for their asylum procedure, which had been paused due to their criminal charges. indications that this would change in the future.6 In one of the cases, the Court abstained from imposing alternative measures to Greek Council of State, 177/2023, available in Greek at: https://bit.ly/496tDWO. Administrative Court of First Instance of Kavala, AP504/2023, 12 May 2023, at 64, available at https://tinyurl.com/bp52n7fh; Administrative Court of First Instance of Komotini, AP309/2023, 16 June 2023, at 64, available at https://tinyurl.com/bp52n7fh; Administrative Court of First Instance of Kavala, AP78/2023, 24 July 2023, at 51, available at https://tinyurl.com/ky8mksxv,; Administrative Court of First Instance of Kavala, AP1098/2023, 29 Nov 2023, at 52, available at https://tinyurl.com/ky8mksxv. 7 Administrative Court of First Instance of Kavala, AP78/2023. 5 6 ‘Still detained and forgotten’ – Update on Detention Policies, Practices, and Conditions on Kos 2023/24