Detention of Asylum Seekers A. General Indicators: General Information on Detention 1193 1. Total number of asylum seekers detained in pre-removal centres in 2024: 5,167 2. Number of asylum seekers in administrative detention at the end of 2024: 6981194 3. Number of pre-removal detention centres: 81195 4. Total capacity of pre-removal detention centres: 3,336 Law 4939/2022 (Asylum Code), in force since 10 June 2022, foresees extensive provisions on the detention of asylum applicants and significantly less guarantees during the imposition of detention measures against asylum applicants, following previous legislative amendments. 1196 In practice, the legal framework threatens to undermine the principle that detention of asylum applicants should only be applied exceptionally and as a measure of last resort. In particular, the Asylum Code foresees: ❖ The possibility of detaining asylum applicants even when they apply for international protection when not detained, on the basis of an extensive list of grounds justifying detention 1197 (see Grounds for detention). ❖ Extensive maximum time limits for the detention of asylum applicants. According to Article 50 (5) Asylum Code, the detention of an asylum applicant can be imposed for an initial period of up to 50 days and may be successively prolonged up to a maximum of 18 months. Furthermore, according to Article 46(5), the detention period in view of removal (return/deportation, etc.) is not considered when calculating the total time, and thus the total detention period of a third country national within the migration context may reach 36 months (18 months while in the asylum procedure + 18 months in view of removal).The possibility to extend the period of detention of asylum applicants up to 18 months raises serious concerns about its compliance with the obligation to impose asylum detention “only for as short a period as possible” and to complete asylum procedures with “due diligence” in accordance with Article 9 the Reception Conditions Directive (2013/33/EU). ❖ The abolition of the safeguard to impose the detention of an asylum applicant only upon a prior recommendation of the Asylum Service. The IPA provided that the detention of an asylum applicant could only be imposed following prior relevant recommendation by the Asylum Service, with the exception of cases that detention was ordered on public order grounds, which could be ordered directly by the Police Director. Article 50(4) of the Asylum Code abolished the requirement for a recommendation issued by the Asylum Service and provides that the detention of an asylum applicant on any ground may be imposed directly by the police upon prior notification by the Asylum Service. As the Asylum Service is the only authority that may assess the need for detention based on the specific elements of the application and substantiate the grounds for detention as required by law, this amendment raises concerns inter alia on the respect of the obligation for an individual assessment and the principle of proportionality before the detention of an asylum applicant. For further amendments previously introduced to the legal framework of detention, see AIDA report on Greece 2021.1198 During 2024, despite the fact that no readmission to Türkiye has been implemented for more than three years,1199 and for the time being no reasonable prospect of readmission to Türkiye exists, third-country nationals, including asylum seekers whose applications have been rejected as inadmissible on the basis of the safe third country concept, remained detained for prolonged periods. 1200 1193 1194 1195 1196 1197 1198 1199 1200 Information provided by the Directorate of the Hellenic Police, 16 January 2025. Total number of asylum seekers under administrative detention in pre-removal detection centers The operation of one of eight the PRDCs (Lesvos) was suspended during 2020, 2021, 2022, 2023 and 2024. UNHCR, UNHCR urges Greece to Strengthen Safeguards in Draft Asylum Law, 24 October 2019, available at: https://bit.ly/2IzauTV. Article 50(2) Asylum Code. AIDA, Country Report: Greece, 2021 update, May 2022, available at: https://bit.ly/3MRVkLf. MoMA, Removals within the framework of the EU-Türkiye Statement have not been implemented since March 2020, July 2021, available in Greek at: https://bit.ly/3lvS76h, p. 11. Based on Information provided by the Directorate of the Hellenic Police, 16 January 2025. 217