729
Cheliotis
during which several thousands of suspects were temporarily detained, and many of
them, including tourists, were also allegedly subjected to physical abuse by officers
(BBC, 10 January 2013). The operation was named after the ancient Greek god of hospitality, Xenios Zeus, and has been portrayed by the Minister of Public Order and Citizen
Protection, Nikos Dendias, as an effort to restore the human rights of illegal immigrants
(SKAI, 6 August 2012), if also, ironically, as part of a broader strategy of deterrence,
aimed at turning Greece into an ‘unfriendly destination’ for those considering entering or
staying in the country clandestinely (SKAI, 4 October 2012).2
The most controversial developments, however, have occurred on the front of immigration detention, even though Greek state authorities have once more responded with
denial to criticism from inside the country and abroad.
Immigration detention in Greece
Greek law formally provides for the administrative detention of irregular migrants from
non-EU (or ‘third’) countries as part of a process whereby their deportation can be
organised. At the time of writing, following a series of extensions of the legal maximum
duration of administrative detention, irregular migrants may be detained in the country
for a period of up to 18 months, until their eventual deportation becomes possible.
Similar to pertinent international legislation, Greek law stipulates that administrative
detention pending deportation should be used only when there is a risk that the migrant
in question might abscond or pose a danger to public safety. In practice, however, Greek
authorities enforce detention as a matter of course, automatically and indiscriminately,
which raises issues of arbitrariness (ICJ and ECRE, 2013; see also Amnesty International,
2012c; MSF, 2010a; UNHCHR, 2013). As far as asylum seekers are concerned, they
must remain in detention until a decision is reached on their application. Yet procedural
delays are typically so excessive that asylum seekers whose deportation is deemed
unfeasible are often essentially forced to withdraw their application in order to expedite
their release (see further MSF, 2010a), whilst the long legal maximum duration of
detention for asylum seekers, also raised to 18 months for those who lodge an asylum
application once detained, is perceived by many as a means of dissuading them from
seeking international protection in the first instance (UNHCHR, 2013; see also Amnesty
International, 2010, 2012c).
Upon arrest, irregular migrants are routinely subject to a temporary detention order
that is issued by local police authorities and does not need to be approved by a judge.
Temporary detention may last up to three days, during which time an administrative
deportation order must be issued in order for detention to continue further without contravening pertinent legislation. Indeed, the deportation order is usually accompanied by
an order for the continuation of detention. Most detention orders only briefly state that
the individual concerned is considered to be at risk of absconding or poses a danger to
public safety, but they provide no evidence or additional details in either of these respects.
Although practices may vary from one locality to another, but also according to the
nationality of the apprehended migrant, the vast majority of migrants are held in detention beyond the initial three-day period. Not all remain in detention until its legal maximum duration is reached, because, for example, preparations for deportation are
Downloaded from euc.sagepub.com at Oxford University Libraries on November 25, 2013