they were unsubstantiated, the numbers hint at the possibility of difference in protections,
especially since applicants may not file for judicial review. Many individuals are not made aware
of the process by the proper authorities or, rather, may rely on the State to review ex officio. This
leads to violations of the guarantees to humane and dignified treatment, established by the
Directives and Regulations. Although such individuals are detainees, the facilities in which they
are held must provide sufficient conditions to warrant that such detention is not similar to
ordinary prison detention, which is prohibited on the grounds solely for migration. Thus,
conditions in specialized facilities should not derogate from the provisions in the Directives and
States must ensure that there are no differences in conditions to warrant complaints.
Greek Domestic Law
As a result of the statement between EU and Turkey and policy enactments by Greece,
reception and registration centers in the country have essentially become detention facilities with
well-known sub par conditions. Human Rights Watch has reported on the deplorable conditions
of the detention facilities, citing that many of these facilities have failed to provide “access to
health care, sanitation facilities, or legal aid.” While denying these individuals their basic rights
and treating them like criminals, they also have detained women, children, and individuals with
physical and mental disabilities. 110
Before the enactment of the EU’s policy, it was found the “90% of all apprehensions for
unauthorized entry into the European Union took place in Greece, compared to 75% in 2009 and
110
Greece: Asylum Seekers Locked Up, HUMAN RIGHTS WATCH (Apr. 14, 2016 12:00AM),
https://www.hrw.org/news/2016/04/14/greece-asylum-seekers-locked
33
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