-8However, as the CPT recalled in its report on the 2018 visit, even in this challenging situation, foreign nationals deprived of their liberty by the Greek authorities must be treated both with humanity and with dignity. Further, their systematic detention cannot be the immediate response to this challenge.10 Moreover, Greece cannot be so ill-prepared to receive new migrants that it has to hold them in inhuman and degrading conditions such as those witnessed on the island of Samos. The influx of migrants is not new and yet each time numbers surge, improvised places such as buses and a vessel are used to detain them. Forward planning with support from the European Union must be put in place to avoid such scenarios repeating themselves. In the light of the above, the CPT considers that the time is ripe for Greece to reconsider the approach taken towards the detention of migrants and it would appreciate receiving the comments of the Greek Government on this matter. b. Legal framework: administrative and criminal 14. As regards the general legal framework for detention of foreign nationals deprived of their liberty under aliens’ legislation in Greece, it has not changed since the CPT’s visit in 2018.11 15. The CPT notes that the above-mentioned Legislative Act for the suspension of asylum applications was not renewed after 31 March 2020 and hence expired. Nevertheless, the CPT wishes to recall that the absolute prohibition of torture and inhuman or degrading treatment or punishment under Article 3 of the European Convention on Human Rights entails the obligation not to send a person to a country where there are substantial grounds for believing that he or she would run a real risk of being subjected to torture or ill-treatment (refoulement). This obligation is applicable to any form of forcible removal, including deportation, expulsion, informal transfer and non-admission at the border, and in respect of return to any other country to which the person may subsequently be removed (so-called chain refoulement). The CPT recalls that Article 3, in conjunction with Article 13, of the European Convention on Human Rights requires States to enable persons to lodge an asylum claim and thereafter to provide for an independent rigorous scrutiny of the claim. Consequently, in view of the gravity of the interests at stake, the CPT urges the Greek authorities not to resort to such a legislative measure again even when faced by a potential increased influx of migrants. It is imperative that all persons in need are placed in a position to effectively request asylum. 10 11 In line with the relevant case law of the European Court of Human Rights, deprivation of liberty should only be a measure of last resort, after exhausting the possibility of less intrusive measures and after a careful and individual examination of each case. See, for instance, ECtHR, J.R. and Others v. Greece, application no. 22696/16, 25 January 2018, paragraph 84. See CPT/Inf (2019) 4, paragraph 73. As regards the legal provisions regulating detention, see in particular Section 76 of Law 3386/2005, Section 30 of Law 3907/2011 and Sections 14 and 76 of Law 4375/2016.