RECOMMENDATIONS
Mobile Info Team argues that detention measures and practices in Greece are not effective and do not
comply with fundamental rights under international, EU or Greek law. We recommend that Greece acts
urgently to respect its international and European commitments by:
Recommendations to the Greek state:
Ensure that the deprivation of liberty
or use of detention for people on the
move is only used as a measure of last
resort, and in line with international
and European human rights standards.
Guarantee
an
individualised
assessment is carried out to ensure
that all alternative measures are
exhausted prior to detaining people
on the move. Implement the
mandatory and widespread use of
alternatives measures to detention as
already established by Greek law .
End the use of detention for third
country nationals on grounds of public
order and national security.
End the use of detention for third
country nationals in cases where there
is no reasonable prospect of removal
thus complying with EU Directive
2008/115/EC. A reasonable prospect
of removal is only achieved when
there is a high possibility of an
individual being readmitted to their
country of origin or a safe third
country.
End the use of detention for minors,
and ensure that unharmful yet
scientifically verified age assessment
procedures are carried out upon
arrival by medically trained and
independent bodies.
End the use of detention for people
on the move in police stations for
periods in excess of 24 hours. Further,
those detained in police stations
should be provided with their own
mattress, bedding, access to food and
water, and the facilities should be
maintained in a decent state of
hygiene.
Guarantee effective access to the
asylum procedure without delay in
detention.
Establish adequate access to free legal
aid for all people on the move in
detention to challenge the legality of
their detention decisions.
Guarantee that people on the move in
detention have effective access to
information regarding their situation,
rights and possibility to appeal in a
language that they understand.
Ensure that a translator is present in
all
communications
between
detention authorities and people on
the move in detention.
72