G. Conclusion to Section 1 Section 1 of this report looked at whether the detention practices on Kos were in line with EU, Greek, and human rights law. In general, Section 1 asked whether the authorities have grounds to detain migrants and asylum seekers on Kos and, if so, what procedures they then must follow. Overall, Section 1 found that the practices on Kos violate, EU, Greek, and human rights law on several levels. First, the practice of automatically detaining asylum seekers upon arrival flagrantly violates both Greek and EU asylum law, both of which only allow authorities to detain asylum seekers exceptionally, if there are no alternative less restrictive measures, and only after conducting and individualised assessment to determine if detention is appropriate for each person. However, asylum seekers on Kos are not detained exceptionally, but rather as a rule upon arrival. As for alternative, less restrictive measures, authorities clearly do not consider any because the RIC, which is located directly next to the PRDC, has been hosting fewer than 500 asylum seekers since January 2021, although it has a capacity for 816.189 Regardless of whether there is space in the RIC, all asylum seekers on Kos are issued a geographical restriction upon arrival, which could serve as another alternative measure to detention. Moreover, in our experience, many individual detention orders do not meet the legal requirements outlined above. Further, the specific grounds for detention outlined in Article 8 (2) RCD, Article 46 IPA and Article 15 (1), (6), Article 30 (1), (6) Law 3907/2011 are not assessed adequately, as administrative decisions often include a mere repetition of the legal provisions. This is particularly true for vulnerable persons, whose detention orders make no reference to their individual needs or circumstances. Second, with regards to the detention of rejected asylum seekers, Article 15 (1), (4) RD, Article 30 (1), (4) Law 3907/2011 and Article 5 § 1 (f) second limb ECHR require a “reasonable prospect of removal” and that the authorities take active steps to carry out the removal process. Given that readmissions to Turkey have not taken place since March 2020 and are unlikely to resume in a reasonable period, the detention of rejected asylum seekers on Kos is unlawful. This was emphasised by the Greek Ombudsman in July 2021, following a submission by Equal Rights. However, the administrative authorities on Kos have yet to follow the recommendation of the Ombudsman to review the detention decisions of the 19 applicants. Instead, they continue to detain the applicants unlawfully190. Third, the practices towards both asylum seekers and rejected asylum seekers are likely not “lawful” within the meaning of Article 5 § 1 (f) because the preconditions laid out in Greek law are rarely met for people detained in the Kos PRDC as described above. Finally, even where there are grounds to detain a person, Section 1 concludes that the practices on Kos fail to protect people’s procedural rights and their access to an effective remedy. In particular, people do not receive information about their detention because there are no interpreters in the PRDC and access to lawyers is limited by both a lack of a capacity among lawyers on the island and a lack of confidential and secure meeting spaces. 189 As of 6 January 2021, the RIC was hosting 473 asylum seekers. Infocrisis, National Situational Picture Regarding the Islands at Eastern Aegean Sea (06 January 2021), available at: https://bit.ly/3bl6qFa. However, by 12 March 2021 that number had dropped to 132, Infocrisis, National Situational Picture Regarding the Islands at Eastern Aegean Sea (12 March 2021), available at: https://bit. ly/3jMOc3P, and to 77 by 25 June 2021. Infocrisis, National Situational Picture Regarding the Islands at Eastern Aegean Sea (25 June 2021), available at: https://bit.ly/3EqKSDy. During that entire period, the Greek authorities detained all new arrivals upon arrival, despite obvious capacity in the RIC. 190 Equal Rights Beyond Borders, Greek Ombudsman calls for Release of 19 Persons who are Unlawfully Detained in the Pre-Removal Detention Centre on Kos (3 August 2021), available at: https://bit.ly/3BPvn6X. 33 DETENTION OF MIGRANTS ON THE ISLAND OF KOS