CCAC amounts to arbitrary detention, is in contravention with Greece’s
international obligations and is part of the recent infringement proceedings
brought against Greece by the European Commission. This will be considered
below.
Legal basis
As outlined previously, the Greek authorities may only detain applicants of
international protection as a last resort, on an individual basis and where "less
coercive alternative measures cannot be applied effectively".[146] The RCD
provides that applicants of international protection may be detained to:
1. determine or verify their identity;
2. determine those elements on which the application for international
protection is based which could not be obtained in the absence of
detention, particularly when there is a risk of the applicant absconding;
3. decide on the applicant’s right to enter the territory.[147]
The CCAC has the power to introduce technical measures of control, such as
the requirement that individuals present an asylum seekers card.[148] However,
the Decision reaffirmed that the detention of applicants of international
protection must only occur with reason and if it is necessary and
proportionate. The asylum seeker card is a purely administrative measure
which has no basis beyond "technical measures of control".[149] The
enforcement of this measure on Samos, however, means that asylum seekers in
the CCAC are de facto detained and deprived of certain procedural rights.
Detention as a limitation on the CFR Article 6 fundamental right to liberty and
ECHR Article 5 right to liberty and security of the person, must satisfy a higher
proportionality threshold.[150]
[146] Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 on laying
down standards for the reception of applicants for international protection (recast). Article 8(2)
and Article 50(2) Greek Law 4939/2022.
[147] Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 on laying
down standards for the reception of applicants for international protection (recast).
[148] General Regulation on the Operation of Closed Inspectorates (Decision No 25.0/118832).
[149] Ibid.
[150] J. N. v Staatssecretaris van Veiligheid en Justitie [2016] CJEU (Case C-601/15).
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