10
should have expired by that point. However,
March 2022 that number had shrunk to 82,9
the police informed Equal Rights that there
and by the end of January 2023, there were
was no new detention order in his case because
only 34 people detained in the PRDC,10 a
his initial order was for six rather than three
drastic change for a facility that only a few
months. In January 2023, Equal Rights
years prior was at capacity. The lower number
confirmed with the police that they do not
of people in detention can be attributed to at
review a person’s detention every three
least three major factors: first, and having the
months and nor do they forward files to the
largest impact, was the ending of automatic
competent administrative court in Rhodes for
detention on arrival. Additionally, the shorter
judicial review. Not only does this practice
maximum period of detention means that
eliminate any chance for judicial review—a
there is more frequent turnover in the PRDC.
necessary check on the detention system—but
Finally, in May 2022, the Kos Regional Asylum
renders meaningless the authorities’ obligation
Office (RAO) began issuing rejected asylum
to continuously review a person’s detention to
seekers voluntary return orders with their first
ensure that it is necessary and that the grounds
instance rejections. Applicants who use the
for it are still met.
voluntary return order to leave the CCAC and
7
Kos consequently avoid being detention upon a
second instance rejection.
B. Pathways to Detention and
Current Demographics
As of the publishing of this report, only single
The November 2021 edition of this report
women, families, or recognized minors.
focused on the mass detention of asylum
However, the authorities continue to detain
seekers and rejected asylum seekers on Kos, in
vulnerable persons, often unknowingly, along
which almost no exceptions were made for
with many prima facie minors who have been
vulnerable applicants, single women, or
wrongly registered as adults.
families. This section provides an overview on
1. Pathways to Detention: Legal
Status of People Detained in the
PRDC
the current demographics in the PRDC,
highlighting the various pathways through
which people now end up in detention and the
different groups of people currently detained.
As the detention policies have changed on Kos,
so too have the demographics inside the PRDC.
At the beginning of November 2021, there were
131 people detained in the PRDC.8 By mid7
8
Art. 15(5) Directive 2008/115/EC; Art. 30(5) L.
3907/2011.
Hellenic Republic Ministry of Citizen Protection
National Coordination Center for Border Control,
Immigration and Asylum (NCCBCIA), National
Situational Picture Regarding the Islands at Eastern
Aegean Sea (01 November 2021), available at:
https://bit.ly/3QYUDjK.
men were detained in the PRDC; there were no
i. Rejected Asylum Seekers
As reported in the November 2021 edition of
this report, the automatic detention of rejected
asylum seekers on Kos is a routine practice.
Historically, all rejected asylum seekers were
9
NCCBCIA, National Situational Picture Regarding the
Islands at Eastern Aegean Sea (15 March 2022),
available at: https://bit.ly/3iRT7Dz.
10
NCCBCIA, National Situational Picture Regarding the
Islands at Eastern Aegean Sea (01 January 2023),
available at: https://bit.ly/3XI6lSc.
‘Still detained and forgotten’ – Update on Detention Policies, Practices, and Conditions on Kos 2022/23