DEFINITIONS
Asylum seekers and refugees: While these terms are sometimes used interchangeably, EU, Greek and international law1 distinguish between ‘asylum seekers’ and ‘refugees’: an asylum seeker is generally someone who
has expressed her will to apply for international protection and is awaiting the outcome of their application,
while a refugee is someone whose application for protection has been approved, and who has been granted
refugee status.
European Asylum Support Office (EASO): An agency of the European Union that provides Member States
with varied support in the interests of working towards a Common European Asylum System.2 In Greece’s
EU Hotspots, this includes support with processing claims for asylum. On Kos, EASO caseworkers conduct
asylum interviews and issue opinions on refugee status.
Geographical restriction: All new arrivals to the EU Hotspots are subjected to a ‘geographical restriction’
that prohibits movement outside the island to which they are assigned until the conclusion of their asylum
procedure.3
EU Hotspot approach: Devised by the European Commission in 2015, the hotspot approach concentrates
the “registration, identification, fingerprinting and debriefing of asylum seekers, as well as return operations”
within designated zones at the EU’s external borders. Member States that host the EU Hotspots are provided
varied operational support,4 e.g. EASO assists with processing asylum applications, and Frontex assists with
facilitating returns.5 Greece’s five EU Hotspots are located on Aegean islands near the Turkish border: Lesvos, Samos, Chios, Leros and Kos.
IPA: Greek Asylum Law 4636/2019 (‘IPA’), entered into force on 1 January 2020.6 The law takes a more restrictive stance towards migrants and asylum seekers, and aims to reduce the number of arrivals, increase the
number of returns to Turkey and strengthen border control measures.7
Migrant: This report adopts ‘migrant’ “as an umbrella term, not defined under international law, reflecting
the common lay understanding of a person who moves away from his or her place of usual residence…”.8 Our
usage of migrant includes several specific legal categories, including asylum seekers and refugees (see ‘Asylum
seekers and refugees’). It also includes undocumented migrants, who do not carry any valid legal status in
Greece.
Pre-Removal Detention Centre/PROKEKA: Article 31 L 3907/2011 provides for the foundation of ‘pre-removal detention centres’ (PRDCs) established in accordance with the Returns Directive.9 While PRDCs have
operated since 2012, they were officially established through Joint Ministerial Decisions in January 2015 (see
1
2
3
4
5
6
7
8
9
UNHCR, Global Report 2012 Glossary (2012), available at: https://bit.ly/2UKFTw6 [all links last visited on 25/09/2021].
EASO, What we do, available at: https://bit.ly/2WgTQmx.
AIDA, Grounds for detention: Greece, available at: https://bit.ly/3DjyUfh [last updated 10/06/2021].
European Commission Migration and Home Affairs, Hotspot Approach, available at: https://bit.ly/3BgEM7b.
Ibid.
AIDA, Short overview of the asylum procedure: Greece, available at: https://bit.ly/3BddOxe [last updated 10/06/2021].
Ibid.
IOM, Who is a migrant?, available at: https://bit.ly/3B6mHZg.
AIDA, Place of detention: Greece, available at: https://bit.ly/2Wo1mLQ [last updated 10/06/2021].
IX
DETENTION OF MIGRANTS ON THE ISLAND OF KOS
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