12 the arbitrary detention of registered asylum were transferred to the Kos PRDC after seekers accused of low-level crimes. receiving their second rejection on Leros.13 1. Ongoing Detention of Finally Rejected Asylum Seekers with No Prospect of Return 2. Reintroduction of Detention of Unregistered Asylum Seekers Charged with “Illegal Stay” Consistent with the last two reports, asylum In the second edition of this report, we seekers who had gone through the asylum identified a trend where the Migration procedure and received a final rejection Management Department (MMD) detained a continued to be routinely detained in the Kos small number of asylum seekers apprehended PRDC. As explained in the first and second on nearby islands without reception centres or editions of this report, the detention of rejected in Kos days after their arrival.14 Rather than asylum seekers on Kos is unlawful because registering them for asylum, the authorities there was and remains no reasonable prospect instead charged them with illegally staying in of returning asylum seekers to Türkiye or their the country, violating Art. 76 L. 3386/2005, and country of origin. From January 2021 to ordered their return on that basis.15 In some December 2023, Greece did not readmit a single cases, people lingered for more than a month in person to Türkiye, as readmissions to Türkiye detention without access to the asylum have been suspended since March 2020. The procedure.16 Even when they did register for authorities also did not carry out the forced asylum, these asylum seekers did not undergo return of individuals from the Kos PRDC to any reception and identification procedures, which country other than Pakistan during the same are vital in the asylum procedure: not only are period.12 these procedures necessary in identifying Despite the lack of reasonable prospect of returning rejected asylum seekers to Türkiye or their country or origin, at least 10 clients Equal asylum seekers, but they also include a medical check and vulnerability assessment — both of which can critically impact the success of an Rights represented throughout the reporting individual’s asylum claim.17 period were detained with a view to their As reported in the second edition of this report, return: two individuals were ordered returned the authorities announced that they would end to Türkiye, two were ordered returned to their the illegal stay scheme in November 2022, and country of origin, while the remaining six Equal Rights did not observe anyone detained orders did not specify the country of return. under that procedure for several months.18 Nine of the aforementioned clients, or all but However in July 2023, Equal Rights observed one, initially arrived in the island of Leros and This continues a trend highlighted in the second edition of this report of the authorities transferring rejected asylum seekers from Leros to the Kos PRDC. Still Detained and Forgotten, supra note 2, at 15-16. 14 Still Detained and Forgotten, supra note 2, at 12. 15 Art. 76 L. 3386/2005. 16 Still Detained and Forgotten, supra note 2, at 12. 17 Ibid. at 14-15. 18 Ibid. at 15. 13 ‘Still detained and forgotten’ – Update on Detention Policies, Practices, and Conditions on Kos 2023/24