Asylum seekers. Under Presidential Decree 113/2013 an asylum seeker may be
detained (1) for determination of his or her identity or origin; (2) if he or she threatens
national security or public order, according to the reasoned judgment of the police
authority; or (3) detention is considered necessary for the prompt and effective
completion of the asylum application (Presidential Decree 114/2010, article 13(2)).
Although the decree provides that an asylum seeker is not to be held in detention solely
for entering the country without authorisation, there have been reports that in practice
asylum seekers who enter irregularly are systematically detained (Presidential Decree
113/2013, article 12(1); UNHCR 2009). CAT has urged Greece to “ensure that
administrative detention on the grounds of irregular entry is not applied to asylum
seekers. In particular, detention of asylum seekers should be used only in exceptional
circumstances or as a measure of last resort, on grounds specifically prescribed by law,
and then only for the shortest possible time. To this end, alternatives to detention should
be duly examined and exhausted, especially with regard to vulnerable groups” (CAT
2012).
Since June 2013, when the new Asylum Service started operating, the asylum
procedures are reportedly more efficient and fair (UNHCR 2013d). Previously, rights
watchdogs contended that Greece’s asylum system is largely dysfunctional because it
provides limited access to asylum procedures, there is a huge backlog in processing
claims, the country has one of the lowest protection rates in the EU, and reception
conditions are severely inadequate (HRW 2013). According to Human Rights Watch
(HRW), people seeking international protection are forced to wait in long queues and are
obliged to return repeatedly to get claims registered (UNHCR 2009). The Athens Aliens
Police Directorate reputedly accepted only twenty applications per week (HRW 2013).
There have also been reports of police actively preventing asylum seekers from filing
asylum claims (Brothers 2007).
These deficiencies in the asylum procedure prompted the European Court, in its
landmark judgment in the M.S.S. v. Belgium and Greece, to find Greece not a “safe
country” for asylum seekers (ECtHR 2011a). By transferring the applicant to Greece on
the basis of the Dublin II Regulation, Belgium was found to have violated its nonrefoulement obligations. The M.S.S. case was followed by the N.S. and M.E before the
Court of Justice of European Union, which also dealt with transfers to Greece. According
to that ruling, member states shall verify conditions in the receiving state before carrying
out a Dublin transfer (CJEU 2011).
After those landmark cases, most Schengen states suspended Dublin transfers to
Greece. During the period January-September 2012, Greece transferred more people
out of the country (144) than it received (38) under the Dublin system (AITIMA 2012).
Still, some states—including Austria, Italy, Slovakia and Switzerland—have not adopted
specific policies prohibiting transfers, instead proceeding on a case-by-case basis
(Forum Réfugiés-Cosi et al 2013). Moreover, Italy has circumvented the effects of the
European rulings by sending migrants to Greece pursuant to a bilateral readmission
agreement between the countries. These practices have been challenged in the case
Sharifi v. Italy and Greece, which as of early 2014 was pending before the Strasbourg
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