Basic Principles & Legal Structures for the Detention of Third Country Nationals Any third country national considered to be staying illegally and who is subject to return procedures can under certain circumstances be detained. Like the detention of asylum seekers, the deprivation of liberty of third country nationals is considered a serious interference with basic human rights and therefore only admissible under certain strictly regulated conditions. According to the Return Directive (RD),[24] the detention of third country nationals can only be ordered to prepare the return and/or carry out the removal process, in particular if there is a risk of absconding or when the third-country national concerned hampers the preparation of return or the removal process.[25] Once again, every available alternative should be assessed and the detention will be used only if other less coercive measures cannot be applied.[26] Importantly, the Directive states that when it appears that a reasonable prospect of removal is no longer possible, individuals should be released from detention immediately.[27] In breach of Article 15 of the EU Return Directive, the exceptional use of detention for third country nationals was reversed by amendments to Greek law in 2020.[28] As a result, third country nationals who are subject to return procedures are systematically detained in order to carry out the removal procedure. The exemption from detention then only becomes possible if there is no risk of absconding, if the third-country national concerned is cooperative and does not hamper the preparation of return or the removal process, or if there are no national security grounds.[29] The time frame of detention of third country nationals should be as short as possible - six months according to Greek law - and can only be maintained as long as removal arrangements are in progress and executed with due diligence.[30] The time frame of detention can be extended for an additional 12 months if the third country national refuses to cooperate or if the receipt of the necessary documents from third countries is delayed. Legal Framework for Conditions of Detention In Greece, third country nationals and applicants for international protection are both detained in PRDCs and not separately as required by the RCD.[31] When the separation is not possible, the detention conditions provided for in the RCD apply to third country nationals as well. Greek law transposing EU law provides rights such as access to medical care and the right to contact their legal representatives or consular authorities for third country nationals.[32] Additionally, for detained asylum seekers, access to open-air spaces and the possibility to communicate with representatives of the United Nations High Commissioner for Refugees (UNHCR) and relevant non-governmental organisations is granted.[33] The European Court of Human Rights (ECtHR) has highlighted that the place and conditions of detention is directly linked to the lawfulness of detention. The Court will consider various factors in assessing the compatibility of the detention with the ECHR[34] but to avoid being branded as arbitrary, the place and conditions of detention should be appropriate.[35] The Return Directive states that particular attention needs to be paid to the situation and health of vulnerable persons who are detained in view of their removal.[36] Thus, the detention pending removal should be a measure of last resort and for the shortest appropriate period of time for unaccompanied minors or families with minor.[37] 11