CONCLUSIONS
Detention in Greece is carried out in a disproportionate manner, and under distressing conditions which do
not align with upholding the dignity of detainees. In addition, the recent amendments to Greek law regarding
detention have diverged considerably from EU law, allowing for the further expansion and normalised use of
depriving individuals of their liberty. The removal of the obligation to examine alternatives in the amendment
made to L3907/2011 by Article 5 4686/2020 is particularly concerning, reversing the use of detention for third
country nationals in view of removal from an exception to the default practice. In addition, the amendments
introduced by the International Protection Act which enabled the detention of individuals who had already
entered the asylum procedure, normalised detaining applicants of international protection, despite it being an
exceptional measure of last resort in EU law. As such, despite third country nationals subject to removal and
asylum seekers sitting under different EU and Greek laws, both groups have witnessed the systematic practice
of detention.
The current use of immigration detention in Greece lies in breach of EU legislation. Yet, current practices in
Greece do not even align with Greek law. Furthermore, the persistence of use of detention despite there
being an extremely limited number of deportations from PRDCs and only for specific nationalities raises strong
doubts regarding the proportionality and justification for their detention, which lies in violation of both Greek
and EU law. This results in the length of detention being entirely arbitrary, with no standardised procedures
for the release of individuals who are still subject to return orders. In addition, the maximum time limit of
administrative detention of 18 months, or even 36 months in certain cases, is excessively used and
disproportionate. Furthermore, without sufficient evidence to justify, for example, detention on the
commonly given grounds of public order, applicants of international protection are held arbitrarily. Any threat
to public order should not be based on vague legal terms, rather, should be evidenced with a specific
accusation with given reasons.[73]
Detention has become a de facto element of asylum and removal procedures in Greece, subjecting individuals
to harsh conditions without lawful justification. Furthermore, the carceral environments which PRDCs
physically resemble, as well as detainees consistently reporting being treated as ‘criminals’, forms part of a
larger tactic by the Greek authorities to control and contain people on the move in an attempt to deter
arrivals. The conditions reported and illustrated by photos throughout the report indicate the appalling
hygiene, poor access to medical care, non-existence of recreational activities and extremely restricted access
to legal and translation services. Despite several years of the CPT calling on the Greek authorities to urgently
implement changes to the facilities, the issues persist, which was further affirmed by the Greek Ombudsman
in 2021. As a result, Mobile Info Team are concerned that people in detention facilities are subject to
treatment and conditions which may amount to inhuman or degrading treatment and thus a violation of
Article 3 of the European Convention on Human Rights.
They give us phones, but they take the camera off, so I want to show you where I lived, how I lived but
they did it on purpose in order to not record the kind of food and the place, etcetera.
Youcef Paranesti
We could sleep only for four or five hours and that's it. Actually, we couldn't sleep because of lots
of thinking and stress that we have like... nobody explained to us. Their behaviour and reaction
was like we were a criminal. It seems to us that their behaviour is as if we killed or murdered many
people.
Emmanuel, Corinth
19
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