In regards to risk of absconding, national law provides a non-exhaustive criteria which may be used to determine a risk of absconding. As the criteria is nonexhaustive, it is not in line with EU law that requires detention grounds "must be defined by law".[164] The lack of objective and exhaustive criteria, results in rejected applicants who have been issued a return order being automatically placed in detention without an individual assessment of their situation due to the "risk of absconding". Despite Samos being a hotspot island, which by design deprives persons of their liberty to leave the island, I Have Rights fears that a large number of people would be automatically detained for prolonged periods despite the low risk of absconding. As evidenced by Equal Rights Beyond Borders, HIAS Greece and Refugee Support Aegean,[165] asylum applicants who are subject to the EU-Türkiye Deal deal as well as applicants submitting a subsequent asylum application are systematically detained in PRDCs on the basis that their applications are "not genuine".[166] Given the number of applicants subject to the EU-Türkiye Deal on Samos, I Have Rights is concerned that a large number of third country nationals in need of international protection would be detained in the PRDCs in Samos upon receiving a decision that they should return to Türkiye. Considering the continued suspension of formal deportations to Türkiye since March 2020, this raises serious concerns regarding the reasonable prospect of removal and proportionality of detention. Additionally, despite Greek law requiring PRDCs to ensure "the safe custody of irregular migrants",[167] mounting evidence,[168] including conclusions from ___ [164] Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, Article 3(7); see also mutandis mutandis CJEU, C-528/15, Al Chodor, 15 March 2017, para. 47, "Article 2 (n), in conjunction with Article 28 (2) of the Dublin III Regulation, has the meaning that it requires the Member States to lay down, by means of a binding provision of general application, the objective criteria on the basis of which it is assumed that there is a risk of absconding of the applicant being subjected to a transfer procedure. The absence of such a provision renders Article 28 (2) of that regulation inapplicable". [165] Equal Rights Beyond Borders, HIAS Greece and Refugee Support Aegean. 2022. The State or Border Procedures on the Greek Islands. Available here. [166] International Protection Act (Law 4636//2019), Article 46(3). [167] Presidential Decree no. 106/2020 as amended by Presidential Decree no. 77/2022, Articles 18 and 19. [168] The Border Violence Monitoring Network. 2023. Dark Rooms, Degrading Treatment and Denial: The Use of Violence in Greece's Pre-removal Detention Centres. Available here. Page 49