46 GREECE IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS On criminalization of irregular entry into or exit out of the country Repeal legislation imposing criminal sanctions for irregular entry or stay, which should remain administrative offences.

Repeal any criminal penalties for so-called irregular exits. Ensure that asylum-seekers are not subject to criminal sanctions or otherwise penalized for the use of false documents or irregular entry.
On the decision to detain and length of detention Ensure that if detention takes place, the decision to detain is based on an individualized assessment including the personal history, and the risk of absconding, of the individual. Detention will only be lawful when the authorities can demonstrate in each individual case that alternatives will not be effective and that it is necessary and proportionate to achieve a legitimate objective.
Ensure that the decision to detain should be automatically reviewed periodically on the basis of clear legislative criteria, including when someone lodges a claim for asylum.

Ensure that migrants and asylum-seekers deprived of their liberty are informed in a language they understand, if possible in writing, of the reasons for the deprivation of liberty, of the available appeal mechanisms and of the regulations of the facility. Detained migrants shall also be accurately informed of the status of their case and of their right to contact a consular or embassy representative and members of their families.
Ensure that all migrants and asylum-seekers deprived of their liberty are able to bring proceedings before a court to effectively challenge the lawfulness of their detention, including through the assistance, free of charge, of an interpreter and by legal counsel during the proceedings; for that purpose the government must amend its legislation in order that it comply with the ruling of the ECtHR in the case of S.D. v. Greece, to ensure that the lawfulness of the decision to detain can be challenged in the courts.
Ensure that migrants and asylum seekers are granted effective access to remedies against administrative detention and deportation orders, including through the assistance of free legal aid and adequate interpretation where necessary.
Facilitate migrants’ and asylum-seekers’ exercise of their rights, including by providing them with lists of lawyers offering pro bono services, telephone numbers of consulates and organizations providing assistance to detainees and taking measures to ensure that they are adequately informed of the status of their case. Introduce into Greek legislation an effective mechanism by which asylum-seekers and irregular migrants can bring complaints about detention conditions before an independent and impartial body.

Ensure that detention is always for the shortest possible time. Amnesty International July 2010 Index: EUR 25/002/2010