in line with the guarantees required under Article 3 ECHR, notably given “the nature of police stations per se, which are places designed to accommodate people for a short time only”.1203 Number of forced returns: Although the number of persons detained during the past few years remains high, this has not been mirrored by a corresponding increase in the number of forced returns. With a total number of 19,148 detention orders following a removal decision issued in 2024, the total number of forced returns was 2,550 in 2024 (13.31%).1204 The comparison between the total number of forced returns implemented and the total number of persons detained, corroborate that immigration detention is not only linked with human rights violations but also fails to effectively contribute to returns. This is further corroborated by the fact that the vast majority of forced returns concern only one nationality (citizens of Albania, 60%).1205 B. Legal framework of detention 1. Grounds for detention Indicators: Grounds for Detention 1. In practice, are most asylum seekers detained ❖ on the territory: ❖ at the border: Yes Yes No No 2. Are asylum applicants detained during a regular procedure in practice? Frequently Rarely Never 3. Are asylum applicants detained during a Dublin procedure in practice? Frequently Rarely Never 1.1. Asylum detention According to Article 50 Asylum Code, an asylum applicant shall not be detained on the sole ground of seeking international protection or having entered and/or stayed in the country irregularly. 1206 However, as described in the following subsection, the Asylum Code foresees the possibility to detain asylum applicants who have already applied for asylum while at liberty. Moreover, an asylum applicant may remain in detention if they are already detained for the purpose of removal when they make an application for international protection, and subject to a new detention order following an individualised assessment. In this case, the asylum applicant may be kept in detention on the basis of one of the following five grounds:1207 (a) in order to determine their identity or nationality; (b) in order to determine those elements on which the application for international protection is based which could not be obtained otherwise, in particular when there is a risk of absconding of the applicant; (c) when it is ascertained on the basis of objective criteria, including that they already had the opportunity to access the asylum procedure, that there are reasonable grounds to believe that the applicant is making the application for international protection merely in order to delay or frustrate the enforcement of a return decision, if it is probable that the enforcement of such a measure can be affected; (d) when they constitute a danger for national security or public order; (e) when there is a serious risk of absconding by the applicant, in order to ensure the enforcement of a transfer decision according to the Dublin III Regulation. For the establishment of a risk of absconding for the purposes of detaining asylum applicants on grounds (b) and (e), the law refers to the definition of “risk of absconding” in pre-removal detention.1208 The relevant 1203 1204 1205 1206 1207 1208 ECtHR, H.A. and Others v. Greece, application no. 19951/16, 28 February 2019, available in French at: https://bit.ly/3OI4fAf; S.Z. v. Greece, application no. 66702/13, 21 June 2018, available at: https://bit.ly/45tcBBL, para. 40. Information provided by the Directorate of the Hellenic Police, 8 February 2020, 11 February 2021, 8 March 2022, 2 February 2023, 18 January 2024, 16 January 2025 Ibid. Article 50(1) Asylum Code. Article 50(3) Asylum Code. Article 18(g) L 3907/2011, cited by Art. 50(2-b) and 50(3-b) Asylum Code. 219