6. Detention and detention centres
28
tion of their detention is not clearly defined. During our
last mission, certain nationalities, such as Afghans and
Pakistanis, were usually released within just a few days.
Nevertheless, we have seen cases77 where the authorities
could not proceed with the expulsion and people would
remain in detention for the maximum period.
It remains unclear, why detainees indentified to be of the
same nationality stayed in detention for varying periods
of time. Generally, neither the missions’ lawyers nor the
detainees had any idea how long they would stay in detention. Furthermore, the purpose of the detention and the
reasons for different detention practices are ambiguous.
This situation creates an unsettling uncertainty for the
detainees.
administrative deportation order, the total detention
time must not exceed 180 days.«78
In Evros prefecture, asylum seekers whose asylum claim is
registered by the police while they are already in detention
pending deportation, remain in detention for the maximum period of six months without any further individual
assessment of their case.
6.2. Detention of asylum seekers
The police authorities continue to detain asylum seekers
without taking into account their asylum application, let
alone assessing their individual case and vulnerability.
It is indicative that in the Alexandroupolis and Orestiada
directorates the police authorities do not even issue a new
detention decision as prescribed by law.79 In so doing,
the duration of detention may exceed the three months
period, as prescribed by law. Hence the applicants stay
in detention for the maximum detention period of six
months/180 days.
According to article 13 of the transitional Presidential Decree (PD 114/2010), which will be in force until the creation
of the new screening centres (law 3907/2011), asylum seekers may be detained for a maximum of three months from
the date of the registration of their asylum application.
In some exceptional cases, when the police register the
asylum claim immediately, they issue detention decisions
based solely on the fact that they have applied for asylum,
and on grounds of »the speedy and effective completion
of the application«.80
Furthermore, according to Article 13 of the above
mentioned Presidential Decree, »a third country national
or stateless person who applies for international protection
shall not be held in detention for the sole reason that he/
she entered and remains illegally in the country. […]
The detention of applicants is exceptionally allowed when
alternative measures cannot be applied for one of the
following reasons:
No further case-by-case assessment is taking place to justify
why the individual’s detention will facilitate the speediness
and effectiveness of the procedure. In these cases, asylum
seekers usually stay in detention for three months. During
our missions we met only two asylum seekers whose application claims were immediately registered and no deportation decision against them was issued. Both of them stayed
for the maximum period of three months.
A. The applicant does not possess or has destroyed his/her
travel documents and it is necessary to determine the
identity, the circumstances of entry and real information on his/her of origin, in particular in the case of mass
illegal entries of applicants.
B. The applicant is a danger for national security or public
order, the reasons being detailed in the detention
order.
C. Detention is considered necessary for the speedy and
effective completion of the application«.
The detention shall be limited to the minimum duration required, and must in no case exceed 90 days.
If the applicant has been detained earlier in view of an
Neither of the asylum seekers we met during our missions
were in the position to complete the asylum procedure
within three or six months respectively, nor was their any
guarantee for a speedy and effective completion of the
application as prescribed by law.
77 Such as cases of stateless people or cases of Afghan nationals
78 Article 13, par 4, PD 114/2010
79 Article 13, PD 114/2010
80 Article 13, PD 114/2010
In many cases, the prolonged detention is applied also
to vulnerable cases, such as torture victims, without considering their special medical or psychological needs, and
without any reason for their further detention.
The prolonged detention is also applied to asylum seekers
who are Dublin II cases:
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