9 ALTERNATIVES TO DETENTION
Discussions on alternatives to detention should begin with an acknowledgement that
depriving someone of their personal freedom should be a last resort. As the European
Court has reiterated in many cases, authorities should consider the fact that
administrative detention is imposed on people who have fled their own country, often in
fear of their lives, and who are suffering further trauma and revictimization in the
countries that should be hosting them safely and in dignified conditions. 79
In Greece, prioritizing alternative measures to detention is mandated by law, but
administrative practices do not comply with this. The authorities often use exemption
clauses to justify detention, though these practices are illegal. The Greek Council for
Refugees has commented that the recent change to the legal framework ‘undermines
the general principle that the detention of asylum-seekers should be exceptional and
only be resorted to when necessary to achieve a legitimate purpose’. 80
Asylum legislation references the possibility of imposing alternative measures to
detention, as it states that detention of asylum seekers may be imposed ‘… under the
condition that there cannot be implementation of alternative measures as those
mentioned in paragraph 3 of Article 22 of L.3907/2011’. 81
Those alternative measures mentioned in L.3907/2011 include:
1. The duty to appear before the competent authorities on a regular basis pending
his/her removal from the country.
2. The duty to deliver travel documents to the authorities.
3. The duty to stay in a certain place.
4. The duty to deposit a financial guarantee. 82
The Greek administrative courts have also imposed – in the context of examination and
approval of appeals against detention decisions – the following terms as alternatives to
detention:
1. A deadline for departure.
2. An obligation to provide residence and contact information.
3. An obligation to present to the Asylum Service within 10 days to complete the asylum
application registration.
The administrative courts have also imposed the same timeline on the
authorities in the same context. Instead of extending the detention, authorities
can:
1. transfer the migrant to a reception and identification centre for identification
procedures;
2. transfer the migrant who has stated his/her intention to apply for international
protection before the Asylum Service to complete the registration procedure. 83
It is unacceptable that 10 years after this legislation was implemented, the Greek
authorities have not even tried to implement alternative measures to detention. For
example, the amount of the financial guarantee required has not been determined
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