In practice, people with rejected asylum applications are held for
arbitrary periods of time. According to our findings, these periods
were in fact dependent on the PRDC and the number of people
arrested, versus detention facility capacities, thus leading to the
length of detention periods being a matter of whether or not there is
space at a given time, or if individuals could afford expensive lawyer
fees to object their detention orders. Corinth and Paranesti held
detainees for the longest periods, with averages of six to seven
months, yet with some detained for beyond 18 months. Whilst it is
likely that people who were detained for beyond 18 months were
detained as asylum seekers and subsequently in view of removal,
which restarts the maximum time limit, the lack of enforced
deportations taking place from PRDCs in Greece raises doubts as to
the legal justification provided for these lengths of time and whether
the proceedings are conducted with due diligence. These doubts are
applicable to the significant number of people subject to extended
periods of detention in Greece without prospects of removal. The
majority of people we spoke to across all PRDCs were not informed
about the length of time they would be held for, and if they asked,
were answered with the legal maximum of 18 months.
Our research additionally pointed to the use of re-detention,
whereby people reported being trapped in a cycle of repeated
detention and release.
Upon being released, several individuals reported being given a
police note, stating that the person has to leave the country
voluntarily after 25 days. However, this frequently resulted in their
subsequent apprehension and detention for not complying with their
legal obligation to voluntarily leave the country. Some were detained
for up to 33 months across four separate time periods in PRDCs
across Greece. According to the EU immigration commentary, the 18
month maximum time frame is absolute and if a third country
national has been detained in view of removal for a combined total
of 18 months, they cannot be detained in view of removal again on
the grounds of not having valid documentation.[188] In addition, the
limited number of formal readmissions, and random patterns of
detention and release, evidences the dysfunctionality of the return
procedure indicating insufficient justification for detention, which
lies in clear violation of both EU and Greek law. As such, the
deprivation of liberty for many of our respondents in these
circumstances does not appear to be lawfully justified, and instead is
used as a mechanism of intimidation and deterrence, breaching
fundamental rights of people on the move according to the Charter
of Fundamental Rights of the European Union,[189] the ECHR[190]
and the International Covenant on Civil and Political Rights.[191]
I was in Xanthi four times, for
eighteen months, then for six
months, then again for six
months, and again for three
months.
Manzoor, Xanthi
Yeah for now what I heard is
that the longest you can stay
here is 18 months. The longest
people have stayed here is 18
months. The minute you get to
18 months, the day you get to 18
months you get released to go
out….But if you seek for appeal,
they will just tell you ok the
detention centre the authorities
here will just sign for you they
will just forward it for you.
When you are there within one
month they will tell you your
case is rejected. So after staying
for 18 months, they’ll give you
one month to leave the country,
two months, sometimes one
week, depending. It depends.
Some people get 2 months to 3
months, some people get 1 week
and 2 weeks to leave the
country. So if you go out again
and the police catch you again
they have to take you back to
the detention centre, which is
another problem we are facing.
Emmanuel, Corinth
47