Greek Domestic Law
Greek domestic law provides four legal grounds for pre-removal detention. Non-citizens
may be detained if they display a risk of absconding, avoid or hamper the preparation of return or
the removal process; or present a threat to public order or national security.79
The risk of absconding is measured by the following criteria: noncompliance with a
voluntary departure obligation, an explicit expression of intent to avoid removal, possession of
false documents, providing false information to authorities, convictions for criminal offenses,
pending persecution, or serious indications that the person concerned has committed or is about
to commit a serious offense, the lack of travel/identity documents, prior escape/ and or
noncompliance with an existing entry ban.80
An asylum seeker may be detained if for determination of his or her identity or national
origin; if he or she threatens national security or public order, according to the reasoned
judgment of the police authority; or detention is considered necessary for the prompt and
effective completion of the asylum application.
Greece’s current detention policies have been influenced vastly by the Joint EU-Turkey
Statement, which went into effect on March 20, 2016. This is a particular plan for Syrian
refugees and provides that for every Syrian refugee sent back, a Syrian already in Turkey would
be resettled in the EU. Turkey would also be able to get additional funding and progress on EU
integration, and accelerate visa liberalization for Turkish Nationals. While not directly a Greek
79
Nomos (2005:3386), Entry, Residence and Social Integration of Third Country Nationals in Greek Territory,
EPHEMERIS TES KYVERNESEOS TES HELLENIKES DEMOKRATIAS [E.K.E.D.] 2005, A:212 (Greece),
Article 76
80
Id.
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