As the Commission explains in its letter to the Greek government: In this regard, Articles 8 and 9 of the Directive [2011/95/EU], in conjunction with Recitals 15 and 20 of that Directive, significantly limit the power of Member States to detain a person […] The Commission considers that the provisions of Article 40 of (Greek) Law 4939/2022 (the government’s most recent "refugee law", which claims to allow the government to detain people on arrival for at least five days) do not comply with the requirements of Articles 8 and 9 of the Directive. The detention of (asylum) applicants should be implemented in accordance with the basic principle that a person should not be detained simply because he seeks international protection, in particular in accordance with the international legal obligations of states -members and Article 31 of the Geneva Convention. Detention of applicants should only be possible in clearly defined, exceptional circumstances provided for in this Directive and governed by the principle of necessity and proportionality as regards both the manner and purpose of said detention. Further, Law 4939/2022 violates or at best incorrectly interprets the Directive in relation to the detention of unaccompanied minors and vulnerable groups.[154] In addition, not only does the practice of routinely detaining newly arrived asylum seekers contravene EU law, it is also likely arbitrary as the detention is inappropriate to the aim of identification as asylum seekers are issued an identification document, on their first day of arrival to main sections of the CCAC. On the day that asylum seekers first enter the CCAC (or, from March 2020 to 25 November 2022, the day they were released from the quarantine zone), they are interviewed by the RIS and the police. Immediately following the interview, they are provided with an identification document called "the Police Note", which acts as a secondary ID if an applicant's card is later revoked. Despite the Police Note being an ID which includes the essential identifying information of every asylum seeker, such as name, nationality, date of birth, language, parents’ names and children, the order for the "restriction of freedom" for "identification purposes" is provided to asylum seekers at the same time that they received the Police Note identification document. [154] Koraki. 2023. Illegal discrimination and detention – the EU and the Greek government on new arrivals. Available here. Page 44