2. LEGISLATION
Ι. THE DECISION TO DETAIN
Third country nationals that can potentially be the subject of detention according to Greek
legislation can be categorized in three basic categories:
1. Immigrants that are under administrative deportation either because they were arrested
while they were trying to enter illegally into the Greek territory or because they were
arrested while they were staying in Greek territory without having granted any leave,
2. Immigrants who are subject to judicial deportation and
3. Asylum-seekers.
There are different rules and laws providing for the treatment of each of these three categories.
To begin with, a reference should be made to the “First Reception Service” that was
implemented in 2011 according to law 3907/2011 and it is an autonomous body that has the
mission to take care of any illegally entering immigrant within limits that respect their dignity.
“All third-country nationals who are arrested while entering the country illegally shall be
subjected to First Reception procedures.”
“1. Σε διαδικασίες πρώτης υποδοχής υποβάλλονται όλοι οι υπήκοοι τρίτων χωρών που συλλαµβάνονται
να εισέρχονται χωρίς τις νόµιµες διατυπώσεις στη Χώρα(…)”2
The same law also provides for the implementation of the “Asylum Service”, that will be
responsible for the management of the asylum seekers and their applications. However, both of
these services are not yet ready to start operating something that is supposed to happen by the
summer of 2013.
“1. (…)Applicants for international protection shall be referred to the territorially competent
Regional Asylum Office, which may operate a specific cell inside the First Reception Center.
At each stage of the First Reception procedures, the submission of an application for
international protection regime shall require the separation of the applicant and his/her referral
to the territorially competent Regional Asylum Office. The receipt of applications and the
interviews of the applicants may be held within the First Reception premises and the applicants
may remain in these premises while their application is being processed
2. The Head of the Center of Unit shall, upon recommendation of the head of the medical
screening and psychosocial support team, refers persons belonging to vulnerable groups and
recommends to the competent body of social support or protection. For the purposes of the
present rule, vulnerable groups are:
a. unaccompanied minors,
b. people with disabilities or suffering from incurable diseases
2
Art. 7, par. 1, Law 3907/2011