- 33 73.
There has been no major change to the legal framework for detention of foreign nationals
deprived of their liberty under aliens’ legislation in Greece since the CPT’s visits in 2016. It is
recalled that all newly arrived foreign nationals can be deprived of their liberty on the premises of a
reception and identification centre (RIC) for an initial period of three days, which can be extended
for up to a total of 25 days.45
Irregular migrants can be detained in a pre-removal centre for the purpose of deportation,
return or readmission for up to six months – a period which can be extended for a further 12 months
under certain conditions; foreign nationals may thus be held for a maximum of 18 months under
aliens’ legislation.46
Further, foreign nationals who apply for asylum while they are already in detention for the
purpose of deportation or return can be deprived of their liberty under aliens’ legislation for a period
of 45 days, which can be prolonged under specific circumstances for up to a total of three months.47
2.
Ill-treatment
74.
The CPT notes that the vast majority of foreign nationals interviewed by the delegation in the
places visited made no complaints about the manner in which they had been treated by the police.
However, the delegation received once again a number of credible allegations of physical
ill-treatment of foreign nationals deprived of their liberty by the police. These allegations consisted
of slaps, punches, and kicks to various parts of the body (including the face/head) as well as baton
blows, and mainly related to detention places in the Evros region (i.e. Fylakio Pre-removal Centre,
Fylakio RIC and Tychero Police and Border Guard Station), as well as to Moria Pre-removal Centre
on Lesvos Island.48
The delegation also heard several allegations of verbal abuse, including racist language, and
disrespectful behaviour by police officers towards detained persons.
75.
In particular, at Moria Pre-removal Centre, a foreign national detained in Wing A alleged
that four masked police officers had entered his detention room to search for drugs during the night
of 1st April 2018 and had subjected him to several baton blows, because he had been screaming on
account of an acute headache. Upon examination by the delegation’s medical doctor, two weeks
later, he displayed four abrasions on his right lower leg beneath the knee and one abrasion beneath
the left knee, which were consistent with the ill-treatment alleged. Another detained person claimed
that he had received a kick by a police officer to his head behind the right ear during the same
incident. Both of these acts of alleged police ill-treatment had been observed by all other persons
detained in the same room who were still present at the time of the delegation’s visit.
45
46
47
48
See Section 14 of Law 4375/2016. According to the provision, all newly arrived foreign nationals who
irregularly entered Greece shall be immediately transferred to a reception and identification centre.
See Section 76 of Law 3386/2005 and Section 30 of Law 3907/2011.
See Section 46 of Law 4375/2016. Worth mentioning is the adoption in May 2018 of Law 4540/2018 aimed at
simplifying and speeding up the asylum procedures and transposing the recast Reception Conditions Directive
(2013/33/EU), thereby easing overcrowding at the reception and identification centres on the Aegean islands.
The law clarifies that asylum seekers should be held in specialised facilities, separately from convicted persons
and insofar as possible separately from other migrants. It also reintroduced the geographical restriction of
freedom of movement for asylum seekers arriving on the Aegean islands. This restriction had previously been
annulled by the Greek Council of State in April 2018.
The delegation also heard two allegations by Greeks: one of physical ill-treatment during a transfer from
Omonia Police Station and one of excessive use of force upon apprehension near Drapetsona Police Station.
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