measure. An infringement letter has been sent to the Greek Authorities by the EU Commission on the ground that this provision leads to blanket and de facto detention of asylum applicants, while in accordance with EU law, the detention of asylum applicants can only be imposed exceptionally and under the condition that one of the grounds prescribed in Directive 2013/33/EU is met. 1189 Greek Courts have repeatedly found that said measure amounts to de facto detention.1190 De facto detention in pushback cases Allegations of de facto detention without following any formal procedure for those subjected to a force informal removal (pushback) at the borders has been long reported and it has been considered as part of the modus operandi of such illegal operations.1191 In this regard, in the landmark judgement of the European Court of Human Rights in A.R.E. v Greece,1192 supported by GCR, the Court additionally found a violation of Article 5 ECHR due to the informal and arbitrary de facto detention of the Applicant prior of the pushback thought out the Evros river. In this case, the Court refers to “a kind of temporary forced disappearance”.1193 2. Alternatives to detention Indicators: Alternatives to Detention 1. Which alternatives to detention have been laid down in the law? Reporting duties Surrendering documents Financial guarantee Residence restrictions Other 2. Are alternatives to detention used in practice? Yes No Articles 50(2) and 50(3) Asylum Code require authorities to examine and apply alternatives to detention before resorting to detention of an asylum applicant. Article 22(3) L 3907/2011 provides a non-exhaustive list of alternatives to detention for both third-country nationals under removal procedures and asylum applicants. Regular reporting to the authorities and an obligation to reside at a specific area are included on this list. The possibility of a financial guarantee as an alternative to detention is also foreseen in the law, provided that a Joint Decision of the Minister of Finance and the Minister of Public Order will be issued with regard to the determination of the amount of such financial guarantee. 1194 This Joint Ministerial Decision is still pending since 2011. In any event, alternatives to detention are systematically neither examined nor applied in practice by competent Police Authorities neither prior the issuance of the initial detention decision nor when issuing a decision prolonging the detention. 3. Detention of vulnerable applicants Indicators: Detention of Vulnerable Applicants 1. Are unaccompanied asylum-seeking children detained in practice? Frequently Rarely ❖ If frequently or rarely, are they only detained in border/transit zones? 1189 1190 1191 1192 1193 1194 Never Yes No European Commission, January Infringements package: key decisions, 26 January 2023, available at: https://bit.ly/45tH02U. For example Administrative Court of Athens, Decision ΑΡ539/2025 & Administrative Court of Rhodes, Decision ΑΡ16/2025 See inter alia GNCHR, RECORDING MECHANISM OF INCIDENTS OF INFORMAL FORCED RETURNS, ANNUAL REPORT 2024, pp. 29-32, https://nchr.gr/images/rec_mechanism/Annual_Report_2024.pdf For more information, see Access to the territory and pushbacks. A.R.E. v. GREECE, application No 15783/21, 07/01/2025, para. 288. Article 22(3) L 3907/2011. 240