6. Detention and detention centres
1. Who have applied for family reunification;
2. Who are pending transfer to another EU-country or
3. When there is a pending procedure for determining
the responsible state for the examination of the asylum
application.
For detainees whose deportation is considered »not
feasible«, such as Afghans and Somalis, if they apply for
asylum while in detention, they will stay for the maximum
period of time. Had they not done so, they would normally
be released within some days.
This practice of detention affects many asylum seekers in
a negative way; that is, they tend to withdraw their applications.81
Upon his arrival, T.U.82 had requested asylum with the
support of a private lawyer. On February 9, 2011, the police
issued a three months detention decision on the ground
of the effectiveness and the speediness of his application.
On April 15, he had his asylum interview before the police.
Thereafter he continued to stay in detention until May 8,
2011, in appalling conditions in the borderguard station of
Soufli, until the completion of the three months period
prescribed by law. Upon his release, there was still no decision issued by the authorities, which would have justified
the provision of »speediness and effectiveness of the procedure«.
H.H.83 from Iran was arrested in Soufli on October 17,
2010. On October 19, 2010, the public prosecutor ordered
his refoulement. On October 22, 2010, the police ordered
his deportation. His asylum application was registered
after the intervention of GCR on January 13, 2011. The
police continued to detain him without taking into account
his asylum application. On February 22, 2001, his asylum
application was rejected and he appealed before the
authorities in charge. He was released on April 18, 2011,
after six months in detention and, in any case, more than
three months after the registration of his asylum claim.
29
application was registered. The police informed us that he
had withdrawn from his asylum claim on January 8, 2011.
He was not aware of the content of the papers he was given
to sign. On February 14, 2011, after interventions of a
GCR-lawyer, the police registered his asylum application
for a second time. The police continued to keep him in detention without taking into account his asylum application
and without issuing a new decision. On April 11, he had
his first asylum interview. On June 1, his asylum claim was
rejected whereupon he filed an appeal. On June 17, passing
six months in detention, he was released. In any case, he
stayed in detention more than the legally prescribed threemonths period from the date of his asylum registration.
H.W.85 from Iraq was arrested on June 16 and detained in
Soufli. From the very beginning of his detention, he was
asking to be re-united with his family. His wife and his
children live in Germany. Yet he could only apply for family
reunification upon registration of his asylum claim on
September 22. H.W. suffers from a herniated disc. During
detention he was transferred to a health centre twice, and
once to the hospital of Alexandroupolis. During our visit
to Soufli he had already been four months in detention.
His wife had already sent all her documents to the Police
Directorate of Alexandroupolis.
6.3 Detention conditions
Article 7 of the International Covenant on Civil and Political
Rights (ICCPR) and Article 3 of the ECHR prohibit torture,
cruel, inhuman or degrading treatment. Article 10(1) of the
ICCPR stipulates, that: »All persons deprived of their liberty
shall be treated with humanity and with respect for the
inherent dignity of the human person«. Detention under
inhuman and degrading conditions is a form of ill-treatment and violates the European Convention for Human
Rights (ECHR). Even though the European Court of Human
Rights has repeatedly condemned Greece for humiliating
detention conditions86, until today there have been no
improvements.
F.H.84 from Iran was arrested in December 2010. Upon
arrest he applied for asylum. On December 24, the police
ordered his deportation. On December 20, his asylum
81
82
83
84
Article 14, Presidential Decree 114/2010
T.U. from Turkey; April 14, 2011 – Soufli
H.H. from Iran; June 26, 2011 – Athens
F.H. from Iran; February 28, 2011 – Soufli (detained also in
Fylakio later); October 29, 2011 – Athens
85 H.W. from Iraq; October 11, 2011 – Soufli
86 Recent cases of ECHR: SD v. Greece (53541/2007, 11.6.2009),
Tabesh v. Greece ( 8256/2007, 26.11.2009), AA v. Greece
(12186/2008, 22.7.2010), RU v. Greece (2237/2008, 7.6.2011),
Rahimi v. Greece (8687/2008, 4.7.2011), Grand Chamber MSS
v. Belgium and Greece (30696/2009, 21.1.2011)
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