capacity to maintain and run closed facilities on the islands with a high number of people, the practice of blanket detention was largely abandoned from the end of 2016 onwards. It has been replaced by a practice of systematic geographical restriction, i.e., an obligation not to leave the island and reside at the hotspot facility, which is imposed indiscriminately to every newly arrived person (see Freedom of Movement). L.4825/2021203 replaced Article 8(4) L.4375/2016204 as follows: ‘The Regional Services of the Reception and Identification Services are: a. the Reception and Identification Centres (RIC), b. the Controlled Structures for Temporary Accommodation of asylum seekers and c. the Closed Controlled Access Centres, which are structured and have the responsibilities of RIC and within which, in separate spaces, facilities of temporary accommodation and the special detention facilities provided in Art. 31 of L. 3907/2011 operate. Within the premises of the above-mentioned facilities, special areas dedicated to people belonging to vulnerable groups as per article 14(8) are provided’205 Although the Rule of Procedure of Closed Controlled Access Centres on the islands does not provide for a blanket prohibition of exit, the regime of de facto detention has been reintroduced in practice since the implementation of the CCAC. According to the Asylum Code, this ‘restriction of liberty’ which amounts to de facto detention, is provided by way of exception and shall not exceed 25 days.206 However, on arrival, all newcomers remain under arbitrary restriction of liberty until they are registered by the RIS. During this time, people are denied exit from the CCAC and are in most cases restricted in the so-called ‘waiting areas’, in which dire and substandard condition prevail. Civil society actors active on the field, report that they have consistently identified cases of applicants who were deprived of their liberty for more than 25 days (see below, 2.2.1 Reception and Identification procedures on the islands). From April 2016 to 31 March 2020, 2,140 individuals had been returned to Türkiye on the basis of the EUTürkiye Statement, of whom, 801 were returned in 2016, 683 in 2017, 322 in 2018, 195 in 2019 and 139 in 2020. No readmission operations have taken place since 30 March 2020.207 In total, between 21 March 2016 and 31 March 2020, Syrian nationals accounted for 404 persons (19%) of those returned. 43 of them were returned on the basis that their asylum claims were found inadmissible at second instance based on the “safe third country” concept. Moreover, of all those returned, 23% had not expressed the will to apply for asylum or withdrew their asylum application in Greece.208 203 204 205 206 207 208 Order of 28 February 2017. See also, General Court of the European Union’s press release, 28 February 2017, available at: https://bit.ly/46KLkdk. See also, CJEU, Cases C-208/17 P, C-209/17 P and 210/17 P NF, NG and NM v European Council, Order of 12 September 2018. Article 28 L.4825/2021 on ‘Reform of deportation and return procedures of third country nationals, attraction of investors and digital nomads, issues of residence permit and procedures for granting international protection, provisions of competence of the Ministry of Immigration and Asylum’. According to Article 8(4) L. 4375/2016, ‘[t]he Regional Services of the Reception and identification Service shall be: a. The Reception and Identification Centres (RIC) b. Mobile Reception and Identification Units (MRIU) c. The Open Temporary Reception Structures for third-country nationals or stateless persons who have applied for international protection, d. The Open Temporary Accommodation Structures for third-country nationals or stateless persons: who are under a return procedure in accordance with article 22 of law 3907/2011, or with paragraph 3 of this article in conjunction with article 30 of law 3907/2011 or whose removal has been postponed in accordance with Article 24 of law 3907/2011 or who fall under the provisions of article 76 para. 5 or article 78 or article 78a of law 3386/2005’. Article 30(4) L. 4686/2020 amended article 8(4) L.4375/2016 and foresaw the establishment of the so called ‘Closed Temporary Reception Facilities’ for asylum seekers against whom a detention decision has been issued and the ‘Islands’ Closed Controlled Facilities’, for asylum seekers, persons under a removal procedure and persons under geographical limitation. Article 8(4) L. 4375/2016 as amended by article 30(4) L. 4686/2020 was applied until the entry into force of L. 4852/2021 on 4 September 2021. as amended by Article 62 L.4939/2022. Article 40 (a) L.4939/2022. HIAS- Refugee Support Aegean- Greek Council for Refugees, Asylum Case Law Bulletin, Vol.2/2023, December 2023, Decision No. ΙP/21911/2023, issued on 18 July of 2023 by the 20th Appeals’ Committee, p.7, available in Greek at: https://tinyurl.com/255ucet2. UNHCR, Returns from Greece to Türkiye, in the framework of the EU - TUR Statement. Source: Greek Ministry of Citizen Protection, 31 March 2020, available at: https://bit.ly/3xtx5hp. 55