randomly with no guarantee of receipt. Meanwhile, Zain described feeling a sense of resignation due to the
inaccurate information that he was given by others. He told us: “I already knew when I was coming [to Kos]…that
they can detain me, nearly a year and a half. Everyone already heard about it, everyone was telling each other that…I
knew it, [it’s] information among everyone… Once they mentioned Kos island I knew I’d be here for a year and a half”.
However, not all asylum seekers are detained for this long. This misinformation – stemming from a lack of
proper information channels with authorities or access to legal services – thus creates a sense of resignation
among detained persons.
Lastly, we have found that detainees’ lack of information regarding their detention often persists after their
release. Florence told us that when she was released following a successful legal challenge to her detention, she
was provided documents that she did not understand. She stated: “The document I signed that the police gave was
in Greek. I asked what it was. They said you can take a copy. I don’t know what I signed”. Ismail was not certain as to
the reasons for his detention, telling us: “…I have no idea why we are inside detention. Even now, I don’t really know
why. The only thing that I think is the reason I didn’t have any documents, but I don’t really know”. Meanwhile, Louis
claimed he understood the reasons for his detention better upon his release due to the papers he was provided
at that time, although they were written in French, which he can only partially understand. When asked,
he explained that the document:“it said the reason we were in the camp was because we came to the country without
papers”. We have thus found that detainees’ lack of information regarding their detention causes distress,
confusion, and disillusionment with respect to the Greek authorities. On a practical level, it prevents them
from effectively challenging their detention.
b. Right to an Effective Remedy
The primary legal remedy against detention in the PRDC is referred to as “objection against detention.” This
remedy must be lodged in front of an administrative court and cannot be submitted electronically. Further,
the judge’s decision cannot be challenged by a higher instance court, meaning that there is no remedy against
a negative decision.186
Objections must be filed in person. However, there is no competent administrative court on Kos to review
objections to detention. The nearest competent court is on the island of Rhodes, approximately 2-3 hours
from Kos by ferry. Practically speaking, people detained in the PRDC cannot submit objections without the
assistance of a lawyer, and even lawyers on Kos must either coordinate with lawyers on Rhodes to submit the
objections or travel there themselves. Moreover, in our experience, the vast majority of people detained in the
PRDC are not aware that a remedy against detention exists at all. Even if people are aware that there is some
legal action they can take against their detention, the authorities do not provide people with any information
on what remedies exist and how to file them, such as information about where the administrative court is,
what requirements objections must meet, if any deadlines exist, or the free legal aid scheme that is available to
anyone in detention in Greece.187
Equal Rights has submitted four objections against detention since opening in January 2021. Three were for
single women, two of whom were survivors of SGBV, and the fourth was for a single parent family with
three minor children between the ages of 8 and 13. The first two objections were accepted and the second
two were rejected. The court accepted the first objections on the grounds that the client had a final rejection
to her asylum application despite there being no reasonable prospect of her return to Turkey. Although the
186 HIAS, Locked up Without Rights (December 2019), 17, available at: https://bit.ly/3kLZDZe.
187 Art 46 (7) L. 4636/2019 states that if the detention order or any extension thereto is contested, the applicants concerned shall
be offered free legal assistance, under the procedure proscribed in the provisions of Law 3226/2004 (A’ 24), which apply mutatis
mutandis.
30
DETENTION OF MIGRANTS ON THE ISLAND OF KOS
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents