20. The general legislative framework for detention of foreign nationals under immigration legislation has been further supplemented since the previous visit on immigration detention issues in 2020. It is recalled that immigration detention in Greece is notably regulated by (a) Sections 76 et seq. of Law 3386/2005 on the Entry, Residence and Social Integration of Third-Country Nationals on Greek Territory, governing the entry and departure of foreign nationals, including detention and (b) Section 30 of Law 3907/2011 on the Establishment of an Asylum Service and a First Reception Service, transposing the EU Returns Directive and establishing pre-removal detention. A 2020 amendment removed the obligation to first examine alternatives to detention, thus making detention the default option.5 21. It remains the case that foreign nationals can be detained in view of their removal (pre-removal detention) for an initial period of up to six months, which can – under certain circumstances – be extended by up to 12 months for a maximum duration of 18 months, in line with the EU Returns Directive. 22. However, the institutional framework for regulating the detention of asylum seekers (asylum detention) has been overhauled with the adoption of Law 4939/2022 on the Ratification of the Code on reception, international protection of third-country nationals and stateless persons, and temporary protection in cases of mass influx of displaced persons. The new legislation introduced the possibility of detaining asylum seekers even when they apply for international protection when not detained, and increased the maximum length of asylum detention to 18 months.6 Consequently, the combined total detention period of a foreign national within a migration context, during both their asylum procedure and in view of their removal, may reach 36 months. 23. Moreover, according to Section 40 of Law 4939/2022, foreign nationals can – upon their arrival in Greece – be initially placed in a regime of “restriction of freedom of movement” for five days, which can be extended for a total period not exceeding 25 days, within the premises of a reception and identification centre, a closed controlled access centre or in a transit zone. In practice, this measure amounts to a deprivation of liberty, as it is systematically applied to all new arrivals until they have been fully registered and have received an asylum seeker card. 2. Ill-treatment 24. The vast majority of foreign nationals interviewed by the delegation in the facilities visited stated that they had been treated correctly by the Hellenic Police during their apprehension or detention. In this regard, the CPT wishes to positively emphasise the situation encountered at Xanthi PRDC, where the delegation met a professional management team and did not receive a single allegation of ill-treatment from the persons held there. 25. By contrast, the delegation, once again, received several credible and consistent allegations of deliberate physical ill-treatment of detained foreign nationals by police officers in some police stations in Athens (Kolonos and Omonia Police Stations) and at Amygdaleza, Corinth and Tavros (Petrou Ralli) PRDCs as well as by coast guard officials. This included several cases of alleged severe ill-treatment, which mainly consisted of blows with batons and the butt of a rifle, kicks, punches and/or slaps. Moreover, the delegation also received several allegations of verbal abuse, racist insults and aggressive behaviour by some police officers, especially at Corinth and Tavros (Petrou Ralli), but also at Paranesti PRDCs, including for having complained or for having made a request. Similar allegations of abusive language were also received concerning police officers at Athens Airport Special holding facility, and staff from the Hellenic Coast Guard upon interception at sea. 5. Section 5 of Law 4686/2020. 6. Section 50 of Law 4939/2022. 10

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