Working Paper 44/2014 In addition under the current Spending Review, the funds available for the CIE have been reduced further jeopardising the quality of life and the respect of the basic human rights of people detained there. The Greek authorities have so far failed to consider let alone implement alternative measures such as community integration of asylum seeking or irregular migrants awaiting proceedings. Such community integration schemes at their more restrictive version can involve house arrest and electronic surveillance with daily or weekly reporting requirements and/or curfews which are still better than custodial detention. Instead, in early 2014, Greek authorities have reinforced the use of detention against both irregular migrants and asylum seekers. Extending detention indefinitely in order to force migrants to co-operate on return On 24 February 2014, the Greek Legal Council published Advisory Opinion no 44/2014, in which it held that it was legal for the Greek authorities to detain irregular migrants beyond eighteen (18) months – the maximum time allowed under Greek law – and prolong their detention indefinitely, until the latter consent to return to their home countries. The Opinion had been initiated by a police query concerning the fate of 300 migrants out of a total number of 7,500 detainees, who were about to be released as their removal had not been carried out in time. According to the Council such a measure was justified by the need to preάent “a rapid increase in the number of irregular migrants in the country and its undesirable consequences in public order and safety” that the timely release of the 300 migrants as έell as anί future ones έould “with certainty” cause. This would also serve the best interests of irregular migrants, “who are vulnerable people” and destitute, but can enjoy a dignified living inside the detention centre. 6 Even though Advisory Opinions are not binding, the police authorities accepted it unconditionally and are already issuing decisions that inform detainees about this newest development. At the same time, Greece has undertaken a significant financial investment in detention centres 7. The idea behind this latest course of action by the Greek authorities is rather straightforward: faced with the prospect of indefinite stay inside a Greek detention centre – often under deplorable conditions – irregular migrants will opt to return to their homelands. Once there, they will warn others and discourage new arrivals. The size of the migrant population will gradually shrink and Greece will have largely addressed irregular arrivals. Yet the systematic use of any detention, let alone an indefinite one, cannot live long as a policy tool to manage the irregular migrant population in Greece, because it is – to put it rather simply – in violation of existing obligations. Why is the indefinite detention of irregular migrants 6 See Greek Council of State, Advisory Opinion No 44/2014, published on 24 February 2014, pp. 22-23. 7 For the 2014 calls search under “Eήpenses” approάed bί the Ministry for the Protection of the Citizen at http://static.diavgeia.gov.gr . 7