5 Administrative detention in Greece: Findings from the field (2018)
of the administrative procedures which cannot be attributed to the detainee, do not
constitute legal grounds for the continuation of their detention for a period exceeding
the reasonable time limits, [even] by taking into consideration the significant difficulties
in handling the increased number of people entering the country irregularly” and
ordered the person either to be transferred immediately to the RIC of Fylakio or released,
Judgment 240/2018 of the First Instance Administrative Court of Komotini.
8.
Extremely problematic practices are applied in the Northeastern Aegean islands
as regards the obligation to impose a detention measure following an individual
assessment, the right of access to judicial protection and the obligation to respect
the principle of non-discrimination, due to the pressure to implement the EU-Turkey
Statement and to increase the number of readmissions. Therefore, a so-called “pilot
project” to manage newly arrived third-country nationals implemented already since
2017 and continued throughout 2018, in Lesvos and Kos and to a certain extent in Leros.
Pursuant to the project, single men who are third-country nationals and belong to a low
recognition rate nationality as regards international protection, are automatically placed
in detention upon their arrival, in order for the entire asylum procedure to take place in
detention, and to be returned to Turkey in case of rejection of the asylum application /
non-exercise or rejection of legal remedies. This is for example the case of a Cameroon
citizen who was placed in detention immediately after his arrival in Lesvos, lodged an
asylum application from detention and remained detained for the maximum threemonth period. After his release, he was finally recognised as a refugee.
9. Furthermore and according to the practice, asylum applicants who remain on the
Northeastern Aegean islands, are arrested and automatically placed in detention,
following the service of the second-instance rejection decision, in order to be readmitted
to Turkey, with no individual assessment or examination of the necessity of the imposed
measure. This is for example the case of a Syrian citizen who was arrested in Chios
immediately after the service of the second-instance rejection decision on his application
for international protection. The competent Court noted inter alia that “it was not found
that the objecting person violated the restrictive conditions imposed on him while the
examination of his asylum application was pending” and ordered his release, Judgment
No 333/2018 of the First Instance Administrative Court of Mytilene.
10. Detention conditions continue to violate fundamental rights and in many cases
amount to inhuman and degrading treatment.Police cells in police stations and police
headquarters, which are by their nature inappropriate for prolonged detention were still
used throughout 2018. According to GCR findings, these detention places have no access
to a yard, and detainees never have the opportunity of outdoor exercise or access to an