KEY TREND OF ANALYSIS
Despite the fact that detention should be used
as a measure of last resort for applicants of
international protection according to EU and Greek
law, in Greece applicants of international protection
are arbitrarily detained without other less coercive
avenues being exhausted first. In addition, Greek
law overturned the principle of exceptional
detention for third country nationals in view of
removal, which is a breach of EU law, and has
resulted in the de facto detention of third country
nationals subject to return order. However, without
reasonable prospects of removal from PRDCs in
Greece - which is a legal requirement under EU law
[68] - people are detained for arbitrary periods of
time which raises strong doubts regarding both the
reasonable prospect of removal or proportionality
of their detention.[69] Considering that there have
been no formal readmissions to Türkiye since March
2020, and that CSOs have substantially argued
against Türkiye being considered a safe country
particularly due to active deportations taking place
to Afghanistan and Syria, [70] the detention of
those held in view of their removal to Türkiye does
not appear to be justified. We spoke with 15 people
from Syria and Afghanistan who were detained on
the grounds of inadmissibility and held for up to 10
months .
According to European statistics on
readmission procedures,[71] a very small
proportion of third country nationals with return
orders are actually returned; for example, across
2018, 2020 and 2021 0.18% of Moroccans were
returned, 0.28% of Algerians were returned and
0.26% Iranians were returned. This corroborates
our research whereby respondents detailed the
cycles of arbitrary detention and release without
readmissions taking place.
There is a critical lack of information and
understanding regarding the asylum procedure or
third country nationals’ rights in detention. Our
research indicates that over 90% of respondents did
not receive any information regarding their status,
the reason for detention or how to proceed. In
addition, nearly 40% of respondents were not
provided with translation, and at least 30% were
forced to sign documents in a language they did not
understand. Despite Art. 50,7 of Law 4939/2022
stating that free legal assistance should be offered to
applicants if the detention order is contested, in
practice, no free legal aid system has been set up to
challenge detention. Over 80% of respondents did not
have access to free legal assistance, with over a
quarter of respondents resorting to paying up to 2,000
euros for private lawyers.
Detention conditions across facilities are
consistently reported as poor. The structures were
described as dilapidated, unfit for animals and
unhygienic, as well as more than 50% of respondents
comparing PRDCs to prisons. The carceral
environment, use of surveillance equipment and cell
like rooms in Fylakio, Tavros (Petrou Ralli) and Corinth
are alarming, and has been raised by CPT reports
following country visits as utterly inappropriate.[72]
This has an evidently detrimental impact on the
psychological wellbeing of detainees - who described
being treated as criminals - which was amplified by the
critical lack of access to functioning toilets, showers,
beds, mattresses, clothing and recreational activities,
which are non-existent. In Xanthi and Corinth, one
toilet was reportedly shared by around 50 people.
Access to medical care, including
psychological care, was extremely limited across
PRDCs, and only for urgent cases, which was reported
by 80% of respondents. Our case analysis of 151
enquiries additionally emphasised that lack of access
to medical care is one of the most challenging issues
clients face in detention. Respondents also highlighted
that at certain time periods, there were no doctors
present whatsoever, and that delays of two months to
get an appointment were not uncommon. Translation
was rarely provided with medical care, forcing patients
to request support from fellow detainees breaching
patient confidentiality. Finally, respondents reported
the insufficient and untimely response by medical
actors, as well as extremely dismissive attitudes,
leading to negligence regarding certain cases including
with suicide incidents. Nearly a quarter of respondents
referenced the prevalence of severely deteriorating
mental health in PRDCs including depression, suicidal
thoughts and of self harm.
18
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