7 Administrative detention in Greece: Findings from the field (2018) detention were rejected on the grounds that there was a risk of absconding, without taking into account the vulnerability of the detainee and the effect of detention on his health, Judgment 1952/2018 of the First Instance Administrative Court of Piraeus. »» Systematic imposition of restrictive conditions/ alternative measures, where the Objections are upheld. Finally, the control of detention within the context of ex officio judicial examination remains stereotypical and automated. In 2018, out of a total of 1,359 detention decisions (return and asylum) referred to the First Instance Administrative Court of Athens in order to be examined under the ex officio judicial examination procedure, it was only in 4 cases (0.2%) where the continuation of detention was not approved. The increased number of detainees over the last years, as a consequence, inter alia, of the implementation of the EU-Turkey Statement, a trend which was also confirmed in 2018, constitutes an alarming phenomenon, connected tofundamental rights violations of the persons against whom this measure is imposed. In a number of cases, these are related to administrative shortcomings, such as the problematic access to the asylum and delays in the asylum procedure while in detention. In addition, the insistence on using the measure of detention, as also demonstrated in the findings of GCR for the year 2018, often in breach of the guarantees prescribed by law and the international framework, raises concerns regarding the respect of basic fair State guarantees in the imposition of the measure and, at the same time, indicates that the measure is used in a punitive manner, contrary to its administrative nature. A fortiori, the insistence on using substandard detention facilities, including the absolutely inappropriate police cells, exposes third-country nationals subjected to the measure to a real risk of inhuman and degrading treatment, in breach of the guarantees of Article 3 of the ECHR and, at the same time it exposes Greece to the risk of new convictions before international jurisdiction. Greek Council for Refugees February 2019

Select target paragraph3