Reception and identification procedure

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Greek Council for Refugees Visit Website

The European Union policy framework: ‘hotspots’

The “hotspot approach” was first introduced in 2015 by the European Commission in the European Agenda on Migration, as an initial response to the exceptional flows of refugee arrivals to the EU.[1] Its adoption was part of the immediate action to assist Member States which were facing disproportionate migratory pressures at the EU’s external borders and was presented as a solidarity measure.

The initial objective of the “hotspot approach” was to assist Italy and Greece by providing comprehensive and targeted operational support, so that the latter could fulfil their obligations under EU law and swiftly identify, register and fingerprint incoming migrants, channel asylum seekers into asylum procedures, implement the relocation scheme and conduct return operations.[2]

In order to achieve this goal, EU Agencies, namely the EUAA (previously EASO), Frontex, Europol and Eurojust, worked alongside the Greek authorities within the hotspots.[3] The hotspot approach was also expected to contribute to the implementation of the temporary relocation scheme, proposed by the European Commission in September 2015.[4] Therefore, hotspots were envisaged initially as reception and registration centres, where Greek authorities, with the support of EU Agencies would “swiftly identify, register and fingerprint incoming migrants”,  following which “[t]hose claiming asylum [would] be immediately channelled into an asylum procedure”.[5] Interestingly, at the time, nowhere was it specified or mandated that said “channelling” (or referral) was to be made within the premises of the initial arrival/reception facility (i.e., the RICs or “hotspots”). Instead, the initial Greek response to the “hotspot approach” seems to refer to ‘[a] headquarter Hotspot in Piraeus […] where asylum seekers [would have been] received from different arrival points’, which if implemented as such, could have perhaps led to the establishment of a more functional reception system.[6]

Five hotspots, under the legal form of First Reception Centres – later known as Reception and Identification Centres (RIC) – were established in Greece on the islands of Lesvos, Chios, Samos, Leros and Kos. In 2021, on Samos, Leros and Kos, the RICs were converted into ‘Closed Controlled Access Centres of Islands (CCAC) and new EU facilities were established.[7] The CCAC in Samos was inaugurated on 18 September 2021 and the ones in Leros and Kos on 27 November 2021.[8] Since then the operation of the old RIC facilities in Samos and Leros was halted. On Kos, despite the inauguration of the new centre, new infrastructures remained non-operational until August 2022 and the facilities of the old RIC remained in use.

In November 2022, the existing facilities in Lesvos and Chios were converted into CCACs,[9] while in both the islands, the construction of two new EU funded CCAC has been planned.[10] In Chios, no construction work took place during 2023; the examination of the application for interim measures, lodged by the State in order for the latter to exercise a right to access the area of construction, is still pending before the Chios Court of First Instance.[11]

Source: Ministry of Migration and Asylum, National Situation: Migrant and Refugee Issue, Situation as of 31 December 2023, available at https://tinyurl.com/3sa33edh

It was initially planned that the five hotspot facilities would have a total capacity of 7,450 places.[13] According to official data however, their capacity had increased to 13,338 places by the end of 2020. In 2021, the construction of the CCACs increased capacity to 15,934 places. In 2023, the nominal capacity of Samos, Kos and Leros CCACs,[14] as well as of the CCAC of Lesvos[15] appeared increased overnight in the statistics of the Ministry, reaching the total capacity of the CCAC to 17.737 places. However, doubts are raised as to whether the capacity of the infrastructures has been actually increased or whether this new capacity includes spaces not intended and suitable to accommodate people.[16] In 2023, new arrivals have increased by 169% compared to 2022.[17] By the end of the year, the steep increase of arrivals starting in late summer 2023 resulted in severe overcrowding of the CCACs.[18]

In Lesvos, apart from the CCAC of Mavrovouni, the Controlled Temporary Accommodation Facility for asylum seekers of West Lesvos, which is located in the area of Megala Therma in West Lesvos (Kastelia), also operates as an autonomous structure since December 2020. It is noteworthy that the Administrator has been the only administrative staff in the facility. Until November 2022, the structure operated as a quarantine structure and since then as an informal first reception “waiting area” for people arriving on the northern side of the island. The nominal capacity of the structure is 352 persons however the actual capacity is 160 persons. At the end of March 2023, the structure had reached its capacity.[19] Newly arrived asylum seekers remained there for days, in some cases for more than two weeks, waiting  in dire conditions to be transferred to the CCAC of Mavrovouni, without any official registration, without access to interpretation, legal or psychosocial assistance, without information on procedures and without the possibility to contact anyone outside the quarantine area, which could lead to arbitrary practices, such as pushback operations. Medical screening and NFIs were provided twice per week by MsF.[20] Since late May 2023, all newcomers, regardless of their entry point, were transferred upon arrival directly to CCAC of Mavrovouni.

Local communities, as well as local authorities have expressed their opposition against the creation of the new CCACI because they do not consider them necessary and because they have strong concerns both related to the degradation of the islands and the rights of newcomers. In Lesvos and Chios, several protests took place and citizens attempted to disrupt the construction of the centres.[21] In Leros and Kos, criticism against the construction of the new facilities was expressed not only by local communities but also by the local authorities. The Mayors of both islands refused to attend the inauguration of the new centres. In 2021, the local authorities of both Leros and Samos challenged[22] – yet with no success[23]– the construction of new centres.

In 19 August 2022, a Greek Council of State’s decision paved the way for the continued construction of a new EU-funded closed controlled access centre in a 71,250 km2 forest in Vastria, on Lesvos island. However, an application for suspension by the North Aegean Region and by local communities (Komi and N. Kydonia), regarding the access road to the structure of Vastria was accepted by the Commission of Suspensions of the Greek Council of State in temporary decision 199/2022-19/12/2022. This prohibited any construction until the final judgment of the court on the application for its annulment, as it was considered that the construction of the road would lead to irreversible destruction of the forest and impact the rare birdlife of the protected area.[24]

In August 2023, following an application submitted by the North Aegean Region, the Greek Council of State, in 1335/2023 decision,[25] annulled the authorisation approving the CCAC’s construction project in Lesvos, due to lack of an environmental study. In the same judgement, the Council of State annulled the authorisation approving the intervention to the forest area for the construction of the road giving access to the CCAC.[26] However, the Minister of MoMA declared that the Ministry has already taken all the necessary steps for the proper environmental classification and approval of the  construction of the structure and its accompanying works and so, according to him, its construction is estimated to be finalized by spring 2024.[27] In Chios, no construction work took place in 2023. The examination of the application submitted by the State for the latter to exercise a right to access the area of the construction, is still pending before Chios Court of the First Instance.[28]

On Samos and Leros, the CCAC have been moved to different areas compared to where the previous RICs were located, namely in Zervou (Samos) and Lepida (Leros). Similarly, the new facilities under construction on Lesvos and Chios are located in different areas, namely in Plati – Vastria (Lesvos) and in Akra Pachi – Tholos (Chios). In Kos, the CCAC has been expanded in an area attached to the then-existing RIC located in Pyli.

The new structures have been placed in remote locations, isolated from urban areas with very poor connection to the main cities of each island. More specifically, the new centre in Samos is located 7km away from the city of Vathy, the new centre in Leros is 6km from the city of Agia Marina and the centre in Kos is 15km far away from the city of Kos. Similarly, the new centre in Lesvos is being constructed in an area which is 30km from the city of Mytilene and the planned facility in Chios, is located 11km from the city of Chios.[29]

Conditions prevailing in the old RICs, converted into CCACs, namely the existing structures in Lesvos and Chios have not improved and people continue to be hosted in degrading conditions. In the former Reception and Identification Centre (RIC) of Vial, renamed as “CCAC” in Chios, the conditions remain substandard. During 2023, the accommodation facilities were substandard and in need of maintenance and constant disinfections due to cockroaches, the food was of poor quality, and there was limited provision of interpretation services.[30] Moreover, the medical division of the RIS had no stable presence of doctor since March 2021. As a result, the vulnerability assessment procedure has been conducted principally by the nursing staff and Doctors of Medical Units of other CCACs or the Chios General Hospital, who were visiting the Chios CCAC only to sign vulnerability assessment documents and medical cards, without carrying out a substantive assessment of the medical condition of the asylum applicants, who were not considered to meet the vulnerability criteria.[31] Similarly, the former RIC in Lesvos, which has been converted into CCAC, remains completely inadequate due to extreme weather conditions prevailing, inaccessible and poor sanitation facilities, shortages of hot water, constant power cuts, poor quality of food and the increase in security incidents -including GBV incidents- despite significant police surveillance. Since mid- May 2023, food distribution by the RIS of Lesvos has been interrupted for recognized refugees and rejected applicants,[32] despite the explicit call of the EU Commissioner of Home Affairs to the Greek Authorities to ensure all persons, irrespective of their status, receive basic means of subsistence, notably, food and hygiene products.[33] During 2023, the medical and psychosocial division of the RIS in Lesvos has been understaffed, fact which- amongst others- affected the quality of the vulnerability assessment procedures. Moreover, references for understaffing concerned also interpretation provision services.[34]

Similarly, the new CCAC are a cause for serious concern, despite the large amount of funding that was used for their construction. More specifically, the Commission granted the Greek Government €121 million in November 2020 for the construction of CCACI on Samos, Kos, and Leros. In April 2021, the grant agreement was amended to include additional funding (€155 million) for the CCACI on Chios and Lesvos. The grant agreement was further amended in September 2021, and in February 2022.[35] According to the MoMA’s website, €43 million were granted for the construction CCAC of Samos, €39,36 million for the construction of CCAC of Kos, and €35.3 million for the CCAC of Leros.[36]

Conditions prevailing in the new centres appeared to be better than the ones in the RICs in terms of infrastructure. Yet in practice, the majority of the facilities hailed as significant improvements to residents’ quality of life by the European Commission and the Greek authorities –such as restaurant and communal areas, shared kitchens, IT ‘labs’, distribution points for non-food items, as well as playgrounds and recreational areas– have never been used.[37] This coupled with the shortcomings in the provision of basic services and material conditions resulted in a severe deterioration of living conditions in the CCAC. More specifically, in all CCACs, shortcomings in access to sanitary facilities and items, provision of hot water, as well as in the maintenance of the containers used for accommodation have been observed. Issues with food quality and quantity persist.[38] In the CCAC of Samos, the supply of running and drinking water has not been stable.[39] Living conditions in the new CCACs further deteriorated as a result of the steep increase of arrivals during the second semester of 2023 and the induced overcrowding of the facilities. Due to lack of adequate spaces to accommodate people, newly-arrived individuals were placed in common spaces (i.e. restaurants, classrooms), without beds, mattresses, blankets, etc. In some cases, single parent mothers were placed in common spaces along with single men, where no privacy could be granted. [40]

Increasing reports by civil society organisations since the inauguration of CCACs to date, indicate prison-like conditions in the CCACs.[41] As the European Ombudsperson has recently pointed out, the new structures on the islands “are, rather, reminiscent of detention facilities”, raising doubts as to “how respect for human dignity and protection of the best interests of the child and of vulnerable individuals can be ensured” in these facilities”. Also, the European Ombudsman suggested that the Commission should carry out a fundamental rights impact assessment of the centres, with a view to identifying measures to mitigate any potential risks.[42] The Ministry of Asylum and Migration focuses on the 24/7 surveillance and security control mechanisms of the new centres, while at the same time, the residents face practices of illegal de facto detention and arbitrary restrictions of personal liberty and freedom of movement and have limited access to healthcare. In fact, the Medical Unit of the facility in Samos did not include any doctors, despite the extremely poor public primary health services on the island.[43] Similarly, there was no doctor on permanent basis in the CCAC in Kos throughout 2023, despite the fact that the local hospital has long-standing shortages in basic specialties such as GP and cardiologist,[44] and there is only one operating ambulance for the island. [45]

In view of the above, the European Court of Human Rights has granted Interim Measures, pursuant to Rule 39 of the Rules of the Court, with regards to reception conditions in the new Closed Controlled Access Centers (CCACs) in Samos and Kos. More specifically:

• In September 2023, the European Court of Human Rights (ECtHR) granted interim measures in a case concerning a single mother residing at the Samos CCAC along with her six-month old baby with a serious heart condition, ordering the Greek Government to ensure that the baby will be provided with medical treatment and that both the baby and mother will be provided with suitable accommodation.[46]
• On 12 December 2023, the European Court of Human Rights (ECtHR) has granted Interim Measures with regards to two Afghan women and their five minor children, residing at the Closed Controlled Access Centre (CCAC) of Kos in absolutely inadequate conditions, ordering the Greek authorities to ensure that the Applicants “have full access to reception conditions which respect human dignity and take into account their multiple vulnerabilities.[47]
• Οn 5 February 2024, the European Court of Human Rights granted Interim Measures with regards to a single woman asylum seeker and her infant child, who resided in inhuman conditions in the Samos Closed Controlled Access Centre (CCAC) ordering Greek authorities to provide safe and suitable accommodation.[48]

Hotspot transformation following the EU-Türkiye statement

In March 2016, the adoption of the highly controversial EU-Türkiye Statement, committing ‘to end the irregular migration from Türkiye to the EU’,[49] brought a transformation of the so-called hotspots on the Aegean islands.[50]

With the launch of the EU-Türkiye Statement, hotspot facilities turned into closed detention centres. People arriving after 20 March 2016 through the Aegean islands, and thus subject to the EU-Türkiye Statement, were automatically de facto detained within the premises of the hotspots in order to be readmitted to Türkiye in case they did not seek international protection or their applications were rejected, either as inadmissible under the Safe Third Country or First Country of Asylum concepts, or on the merits.[51] Following criticism by national and international organisations and actors, and due to the limited capacity to maintain and run closed facilities on the islands with a high number of people, the practice of blanket detention was largely abandoned from the end of 2016 onwards. It has been replaced by a practice of systematic geographical restriction, i.e., an obligation not to leave the island and reside at the hotspot facility, which is imposed indiscriminately to every newly arrived person (see Freedom of Movement).

L.4825/2021[52] replaced Article 8(4) L.4375/2016[53] as follows:

‘The Regional Services of the Reception and Identification Services are:

1. the Reception and Identification Centres (RIC),
2. the Controlled Structures for Temporary Accommodation of asylum seekers and
3. the Closed Controlled Access Centres, which are structured and have the responsibilities of RIC ​​and within which, in separate spaces, facilities of temporary accommodation and the special detention facilities provided in Art. 31 of L. 3907/2011 operate.

Within the premises of the above-mentioned facilities, special areas dedicated to people belonging to vulnerable groups as per article 14(8) are provided’[54]

Although the Rule of Procedure of Closed Controlled Access Centres on the islands does not provide for a blanket prohibition of exit, the regime of de facto detention has been reintroduced in practice since the implementation of the CCAC. According to the Asylum Code, this ‘restriction of liberty’ which amounts to de facto detention, is provided by way of exception and shall not exceed 25 days.[55] However, on arrival, all newcomers remain under arbitrary restriction of liberty until they are registered by the RIS. During this time, people are denied exit from the CCAC and are in most cases restricted in the so-called ‘waiting areas’, in which dire and substandard condition prevail. Civil society actors active on the field, report that they have consistently identified cases of applicants who were deprived of their liberty for more than 25 days (see below, 2.2.1 Reception and Identification procedures on the islands).

From April 2016 to 31 March 2020, 2,140 individuals had been returned to Türkiye on the basis of the EU-Türkiye Statement, of whom, 801 were returned in 2016, 683 in 2017, 322 in 2018, 195 in 2019 and 139 in 2020. No readmission operations have taken place since 30 March 2020.[56] In total, between 21 March 2016 and 31 March 2020, Syrian nationals accounted for 404 persons (19%) of those returned. 43 of them were returned on the basis that their asylum claims were found inadmissible at second instance based on the “safe third country” concept. Moreover, of all those returned, 23% had not expressed the will to apply for asylum or withdrew their asylum application in Greece.[57]

According to the Türkiye 2023 Report of the European Commission, returns under the EU-Türkiye Joint Declaration have not resumed since March 2020.[58] It should be noted that both Greek authorities and the European Commission[59] have requested Türkiye to resume returns based on the EU-Türkiye Joint Declaration.[60] However, despite the suspension of readmissions to Türkiye since March 2020, Greece included Türkiye in the national list of Safe Third Countries and thus the applications lodged by individuals falling under the scope of the JMD 42799/2021 (FEK B’ 2425/07.06.2021) were still examined in the context of the Safe third country concept and the Fast-Track Border Procedure.

On 2 February 2023, the Council of State issued its decision 177/2023,[61] on an annulment application lodged by the Greek Council for Refugees (GCR) and Refugee Support Aegean (RSA) against the aforementioned JMD. In its decision, the Council of State formulated preliminary questions to the CJEU regarding the national list which includes Türkiye as a safe third country for asylum seekers originating from Syria, Afghanistan, Somalia, Pakistan and Bangladesh, whose applications are therefore being rejected as inadmissible. In particular, the Council of State submitted preliminary questions regarding the ‘influence on the legality of the national list of the fact that, for a long period (over 20 months), Türkiye has refused the readmission of applicants for international protection, while at the same time it is not clear whether the possibility of a change in Türkiye’s attitude in the near future has been taken into account’.[62]

On 14 March 2024 the preliminary questions referred by the Plenary Session of the Council of State (CoE) in its judgment No. 177/2023 concerning the inclusion of Türkiye in the national list of Member States of the European Union national list of ‘safe third countries’ (JMD 42799/2021), was be discussed at an oral hearing before the Court of Justice of the European Union (CJEU) in Luxembourg on 14 March 2024.[63]

At the hearing, the legal representatives of GCR and RSA focused on how the inclusion of Türkiye in the national list of “safe third countries” practically “consolidates the policy of abdication of responsibility for the protection of refugees in Europe”.[64]

• The domestic framework: Reception and Identification Centres

The 2010 Greek Action Plan on Asylum already provided that third-country nationals should be subjected to first reception procedures upon entry. The competent authority to provide such services was the First Reception Service (FRS), established by L 3907/2011, as described in the previous country report.[65] On 3 April 2016, in the light of the EU-Türkiye statement of 18 March 2016, the Greek Parliament adopted a law ‘on the organisation and operation of the Asylum Service, the Appeals Authority, the Reception and Identification Service, the establishment of the General Secretariat for Reception, the transposition into Greek legislation of the provisions of Directive 2013/32/EU, provisions on the employment of beneficiaries of international protection and other provisions. This reform was passed through L 4375/2016.[66]

L 4375/2016 partially attempted to regulate the establishment and function of the hotspots and the procedures taking place thereat. However, national legislation has failed to effectively regulate the involvement of the EU Agencies, for example Frontex agents. Following the enactment of L 4375/2016, the FRS was succeeded by the Reception and Identification Service (RIS). The RIS is currently subsumed under the General Secretariat for Reception of Asylum Seekers of the Ministry of Migration and Asylum.[67] The IPA, in force since 1 January 2020, regulated the functioning of the RICs and the conduct of the reception and identification procedure in a similar way. Under the Asylum Code,[68] the relevant regulations were codified to include Closed Controlled Access Centre of Islands (CCACI.).[69] Article 38 of the Asylum Code, provides that: ‘All third-country nationals and stateless persons who enter without complying with the legal formalities in the country, shall be submitted to reception and identification procedures.’[70] Reception and identification procedures are carried out in five stages:[71]

1. Information on rights and obligations, transfer to other facilities, the possibility to seek protection or voluntary return, in a language the person understands or in a language that a person may reasonably be supposed to understand and in an accessible manner, by the Information Unit of the Reception and Identification Centre (RIC) or the Closed Controlled Access Centre (CCAC) or in case of mass arrivals, by the Police, Coast Guard or Armed Forces;[72]
2. Channelling to reception and identification procedures: According to the law, newly arrived persons should be directly transferred to a RIC or CCAC, where they are subject to a 5-day “restriction of freedom within the premises of the centre” (περιορισμός της ελευθερίας εντός του κέντρου), which can be further extended by a maximum of 25 days if reception and identification procedures have not been completed.[73]This restriction of freedom entails “the prohibition to leave the Centre and the obligation to remain in it”.[74] Such a restriction is ordered on the basis of a written, duly motivated decision;[75]
3. Registration and medical checks, including identification of vulnerable groups;[76]
4. Referral to the asylum procedure: As soon as asylum applications are made, the Special Rapid Response Units (Ειδικά Κλιμάκια Ταχείας Συνδρομής) of the Asylum Service distribute the cases according to country of origin. Subsequently, they proceed to prioritisation of applications according to nationality (see Prioritised Examination);[77]
5. Further referral and transfer to other reception or detention facilities depending on the circumstances of the case.[78]

Reception and identification procedures on the islands

At the early stages of the implementation of the EU-Türkiye Statement, individuals arriving on the Eastern Aegean islands and thus subject to the Statement, were systematically and indiscriminately detained. Such measure was imposed either de facto, under the pretext of a decision restricting the individual’s freedom within the premises of the RIC for a period of maximum 25 days, or under a deportation decision together with a detention order. This differs from the “geographical restriction” on the island, mentioned below.

In practice, those arriving on the Eastern Aegean islands and falling under the EU-Türkiye Statement are subject to a “restriction of freedom of movement” decision issued by the Head of the RIC. The decision is revoked once the registration by the RIC is completed. A ‘restriction of freedom of movement’ is imposed to newcomers, preventing applicants from exiting the RIC until their registration and identification by the RIS. At the same time, a removal decision “based on the readmission procedure” and a pre-removal detention order are issued by the competent Police Directorate upon arrival, parallel to the decision of the Head of the RIC. The removal decision and detention order are suspended by a “postponement of deportation” decision of the General Regional Police Director. The latter decision imposes a geographical restriction, ordering the individual not to leave the island and to reside – in most cases – in the RIC or another accommodation facility on the island until the end of the asylum procedure.

Once the asylum application is lodged, the same geographical restriction pursuant to Decision 1140/2019 of the Minister of Citizen Protection, is applied by the Asylum Service as well as by the RIS, by including relevant marking on the International Protection Applicant Card. For more details on the geographical limitation on the Greek Eastern Aegean Islands, see Reception Conditions, Freedom of movement. It is due to this practice of indiscriminate and en masse imposition of the geographical limitation measures to newly arrived persons on the islands that a significant deterioration of the living conditions on the islands has occurred.

Following criticism by national and international organisations and actors, and due to limited capacity to maintain and run closed facilities on the islands with high population numbers, the “restriction of freedom” as a de facto detention measure was no longer applied in the RICs, as of the end of 2016, with the exception of Kos.

Although the Rule of Procedure of Closed Controlled Access Centres on the islands does not provide for a blanket prohibition of exit, the regime of de facto detention has been reintroduced in practice since the implementation of the CCAC. According to the Asylum Code, this ‘restriction of liberty’ which amounts to de facto detention shall not exceed 25 days from the day of arrival in the RIC or CCAC, Also, the ‘restriction of liberty’ is provided in the Law by way of exception.[79] However, upon arrival, newcomers are placed under arbitrary restriction of liberty until their registration by the RIS is concluded. Until then, people are denied exit from the CCAC and in most cases they are restricted in the so-called ‘waiting areas’, in which dire and substandard condition prevail. According to GCR observations, in certain cases, the imposition of restriction of liberty was not waived before the exhaustion of 25-days period, although the registration of newcomers might have been concluded.

By way of illustration, between 1 July – 31 August 2023, over 4,000 people were brought to the Closed Controlled Access Centers (CCACs) on Samos and Lesvos and placed in unlawful detention while awaiting registration of their asylum application.[80] Since summer 2023, due to increased arrivals, delays and shortcomings related to the registration procedures by the RIS, in many cases applicants remained under arbitrary restriction of their liberty for more than 25 days. In Samos, legal organisations have consistently identified cases of applicants who were deprived of their liberty for more than 25 days, sometimes even up to 58 days.[81] According to testimonies collected by GCR, in numerous cases, the waiting period within which newcomers remained confined until registration exceeded 25 days also in Lesvos and Kos.

Decisions imposing the ‘restriction of liberty’ shall be issued by the Head of the RIS within five days from the arrival. However, it has been observed that these are not always issued and/or notified as provided by the Law to the de facto detained persons. Moreover, in a considerable number of cases, said decisions are issued days after the detention has begun. In addition, the decisions mention as day of arrival the day of issuance of the decision, therefore extending in practice the time a person may be confined. Moreover, applicants are often asked to sign orders that are back-dated.

More specifically, according to a 19 September 2023 Joint Statement by Civil Society Organisations (CSOs),[82] ‘[l]egal actors on Samos have observed that the provision of these 5 and 20 day “restriction of freedom” orders, frequently is issued after the detention period has already begun. For example, on Samos, legal actors have recorded that the 5-day restriction of freedom orders were retroactively provided to applicants on the same day that they were given the 20-day restriction order. Applicants reported being forced to sign orders that were back-dated, masking the reality that they had been detained for several days without documents. [… ] Legal actors on Lesvos have observed that newly arrived asylum seekers are de facto detained in the Lesvos CCAC without the issuance and/or notification of any specific decision ordering detention or restriction of their freedom. They are issued with neither a detention order within 5 days of arrival, nor an extension for up to 25 days, as required by Article 40(a) Asylum Code. Asylum seekers are issued only a piece of paper documenting the simple registration of their will to seek asylum, containing only their basic biographic data. After their asylum claims have been fully registered, asylum seekers are free to leave the Lesvos CCAC, but this process is unacceptably delayed, in some cases for more than three weeks, in violation of Article 69(2) of [Asylum Code].’

According to testimonies of applicants collected by the Greek Council for Refugees, in Kos, decisions imposing a ‘restriction of liberty’ were issued days after the actual arrival and confinement of the newcomers and were not notified to them. No issuance and/or notification of decisions of ‘restriction of liberty’ was taking place for the persons confined in the Controlled Temporary Accommodation Facility for asylum seekers of West Lesvos.

The detention conditions of the ‘waiting areas’ are grounds for sharp criticism. According to the aforementioned Joint CSO Statement, as of September 2023, ‘On Samos, hundreds of people have been restricted to the “Temporary Accommodation Zones” of the CCAC, the sections of the CCAC that were previously used for Covid-19 quarantine. These enclosed zones are composed of accommodation containers only and are surrounded by layers of barbed wire fences. Police provide 24/7 surveillance and residents are only permitted to exit for urgent medical needs or for interviews with the authorities. Mobile phones are taken by the police upon arrival for between 7-10 days, resulting in a mass violation of applicants’ privacy and leaving new arrivals with no possibility to reach out for medical or legal support to non-governmental actors operating outside the CCAC.’

As newly arrived persons are detained within subsections of the CCAC, they do not have access to any services, including medical support. This is compounded by the fact that no doctor is permanently present in Samos CCAC to provide medical care to people who have just arrived, resulting in hundreds of asylum seekers being unable to access medical, including psychological support. The potential repercussions for this lack of access are significant, as asylum seekers are frequently exposed to violence en route and/or in their country of origin and present specific health vulnerabilities. This includes, for example, survivors of sexual violence and pregnant women, who may need urgent sexual and reproductive health care. Additionally, owing to the absence of healthcare and individual vulnerability assessments, applicants with non-communicable chronic diseases such as diabetes or cardiovascular conditions and communicable diseases risk remaining undetected or unable to seek medical treatment for several weeks after arrival.

On Lesvos, newly arrived persons are de facto detained inside the Lesvos CCAC, housed in large rubhalls. They can circulate throughout the CCAC, but are prohibited from leaving, except for specific medical emergencies or medical care, normally in coordination with Médecins Sans Frontières (MSF). Men, women, and children (including unaccompanied children and other vulnerable groups) are housed together in these rub-halls, without any privacy or safety measures to protect vulnerable individuals. As in Samos, there is 24/7 surveillance of the Lesvos CCAC by police both at the entrance and throughout the CCAC, and all the mobile phones of newly arrived persons are taken by police upon arrival for several days.

Conditions in these rubhalls are unacceptable. There are insufficient mattresses and beds meaning that people are forced to sleep on the ground. People de facto detained in these conditions have reported that they do not have sufficient food or fresh water and are constantly hungry. There is also insufficient running water. Distribution of non-food items is slow or non-existent for new arrivals, leaving most new arrivals without proper shoes and only the clothing they arrived with to Lesvos (for more, see Conditions on the Eastern Aegean islands).

Medical access is also severely limited. Newly arrived people have reported that they have been denied medical and psychological care by EODY, due to their lack of documentation in Greece, including persons with chronic medical issues. The vulnerability assessments are also delayed.’[83]

In Lesvos, until late May 2023, people arriving at the Northern side of the islands were transferred to the Controlled Temporary Accommodation Facility for asylum seekers of West Lesvos where they remained confined until their transfer to the CCAC of Mavrovouni for registration. As stated already, until November 2022, the structure operated as a quarantine structure and since then as an informal first reception “waiting area” for people arriving on the northern side of the island. It is noteworthy that the Administrator has been the only administrative staff in the facility. The nominal capacity of the structure is 352 persons however the actual capacity is 160 persons. At the end of March 2023, the structure had reached its capacity.[84] Newly arrived asylum seekers remained there for days, in some cases for more than two weeks in dire conditions, waiting to be transferred to the CCAC of Mavrovouni, without any official registration, without access to interpretation, legal or psychosocial assistance, without information on procedures and without the possibility to contact anyone outside the quarantine area. Medical screening and NFIs were provided twice per week by MsF.[85] Since late May 2023, all newcomers were transferred upon arrival directly to CCAC of Mavrovouni regardless of their entry point.[86]

According to testimonies of applicants collected by the Greek Council for Refugees, in Kos, newcomers’ freedom of movement used to be restricted to the premises of the old PRDC that were previously used for Covid-19 quarantine awaiting their registration and transfer to the designated accommodation sectors. As the arrivals increased since summer 2023, the population was also confined in other subsections of the old PRDC, in deplorable conditions, sleeping in destroyed containers, without adequate water, electricity, air conditioning, heating, mattresses and with leaking drains. During November and December 2023, communal areas, such as the restaurant of the new PRDC were also used as accommodation areas. According to testimonies, even after their registration, applicants who resided in the sections of PRDC were facing difficulties exiting freely the sections, despite holding an asylum seekers card. Newly arrived persons de facto detained had very limited access to services, including medical support. In many cases, applicants with non-communicable chronic diseases such as diabetes or cardiovascular conditions remained undetected or with very poor access to medical treatment even for several weeks after arrival, due to delays in registration procedures, de facto detention practices and the understaffing of health services in the CCAC. Despite efforts by RIS to separate single women, vulnerable persons and families from the rest of the population, this became extremely difficult since autumn 2023, due to the overpopulation of the CCAC.

Lastly, there are growing concerns regarding the provision of Reception and Identification services at entry points deprived of Reception facilities and services, until the transfer of the newcomers in RICs and CCACs. Even in Rhodes, Gavdos and Crete, where there is a steady flow of arrivals, there is no provision for the satisfaction of not even the most basic needs of the people arriving with regard to respect for human dignity until their transfer. As a result, access for new arrivals to fundamental rights such as housing, food and health care, an obligation and responsibility of the central administration, is left to the discretion of local authorities and civil society. In many cases, newcomers are transferred directly to PRDCs where they remain detained and as a result they are not subject at all to Reception and Identification Procedures, in contravention with what the Law provides. Following an intervention made before the Greek Ombudsman for such cases, the latter requested the Greek Authorities ‘to consider lifting the administrative detention and subjecting the detainees to reception and identification procedures at a competent RIC’.

A geographical restriction is also systematically imposed on every newly-arrived person on the Greek islands, initially by the police and the Head of the Asylum Service, imposing the obligation to remain on the islands. This is separate to the decision of the Governor of the RIC imposing a de facto detention period of up to 25 days, within the premises of the respective RIC (so-called “restriction of movement”). For more details on the geographical limitation on the Greek Eastern Aegean Islands, see Reception Conditions, Freedom of movement and Identification.

The CCACs’ dominant trait is its prison-like environment. The sites are highly securitised and fortified with multiple layers of fencing around the sites’ periphery and around each accommodation section within the centre and private security and police personnel guard each fenced section. The Greek authorities maintain that internal fencing is required in order to minimise risks for vulnerable migrants, such as minors or those at risk due to their sexual orientation and/or gender identity. As the European Ombudsperson, points out ‘[t]he external and internal fences may [..] also have negative health (including mental health) consequences on vulnerable migrants and those who have fled difficult circumstances. It is questionable how respect for human dignity and protection of the best interests of the child and of vulnerable individuals can be ensured if residents are forced to stay in such an environment.[87] (See Reception Conditions).

Moreover, unaccompanied children, are prohibited from exiting the “SAFE AREA”, which is a fenced container section of the CCACs guarded by security personnel and where they are subject to “restriction of liberty” until their placement and transfer to shelters for minors. During 2023, the waiting period for the placement of UAMs in a ‘restriction of liberty status’ in CCAC to shelters for minors was short. According to official data available, the average waiting time for the placement of UAMs in ‘restriction of liberty’ in the RIC/CCACs was 7.7 days.[88] Transfers from the CCAC to shelters for minors may be conducted with delay. Concerns have also been expressed about the absence of creative activities during the day and confinement in a non-child friendly, prison–like environment, especially when the waiting time for placement has increased.[89]

Since the implementation of the EU-Türkiye Statement, all newcomers are registered by the RIS.[90] During 2023, due to the severe understaffing of the RIS, coupled with the increase of arrivals and the insufficient number or absence of medical staff,  there were recorded delays and significant shortcomings or lack of provision of medical and psychosocial assessment/services, as required by law.[91] (see also Identification).

The registration of initial asylum claims on the islands was conducted by the RIS. Concerns were raised regarding wrongful registration of newcomers’ data, especially the incorrect recording of the date of arrival, incorrect records were often found in the dates of birth, names spelling and country of origin.[92]

Procedures followed on the islands amid the COVID-19 outbreak

In 2023, Greece had waived all the COVID-19 restrictive measures. However, it should be noted that in certain cases, newcomers were, at least until the end of March 2023, the only population group still subject to mandatory COVID-19 quarantine upon arrival in Greece for at least five days.[93]

Actors present in the RIC and CCACI

In addition to civil society organisations, a number of official actors are present in the RIC facilities on the islands, including RIS, Frontex, the Asylum Service, EUAA and the Hellenic Police.

Police: The Police is responsible for guarding the external area of the hotspot facilities, as well as for the identification and verification of nationalities of newcomers. According to the IPA, the registration of the applications for international protection, the notification of the decisions and other procedural documents, as well as the registration of appeals may be carried out by police staff.[94] Moreover, in exceptional circumstances, the interviews of the applicants under the “fast track border procedure” may be carried out by police staff, provided that they have received the necessary basic training in the field of international human rights law, the EU asylum acquis and interview techniques.[95] However, during 2023 all the interviews, including those of the “fast track border procedure“, were exclusively conducted by EUAA or Asylum Service staff. Finally, the decisions on applications for international protection are always taken by the Asylum Service.

Frontex: Frontex staff also participates in the identification and verification of nationalities. Although Frontex should have an assisting role, in practice, it conducts nationality screening almost exclusively, as the Greek authorities lack relevant resources, such as interpreters. The conduct of these procedures by Frontex is defined by an internal regulation. It should be noted that, even though the Greek authorities may base their decision concerning the nationality of a newcomer exclusively on an assessment by Frontex, documents issued by the latter are considered to be ‘non-paper’ and thereby inaccessible to individuals. Assessments by Frontex are thus extremely difficult to challenge in practice.

UNHCR/IOM: provide information to newly arrived persons.

Asylum Service: According to IPA, the Asylum Service is present in the hotspots. Specifically:

‘(a) third-country national or stateless person wishing to seek international protection, shall be referred to the competent Regional Asylum Office, a Task Force of which may operate in the RIC;

(b) both the receipt of applications and the interviews of applicants may take place within the premises of the RIC, in a place where confidentiality is ensured’.[96]

EUAA (previously EASO): EUAA also participates in the asylum procedure. EUAA experts have a rather active role within the scope of the Fast-Track Border Procedure, as its officers conduct first instance personal interviews, and they issue opinions regarding asylum applications. Following a legislative reform in 2018, Greek-speaking EASO (now EUAA) personnel can also conduct any administrative action for processing asylum applications, including in the Regular Procedure.[97] Following a mission conducted in Greece in 2019, ECRE published a report in November 2019 which provides a detailed overview on the role of EASO in Greece.[98]

RIS: The RIS previously outsourced medical and psychosocial care provision to NGOs until mid-2017. Since then, the provision of said services have been undertaken by the Ministry of Health, throughout different entities under its supervision. At the end of 2019, the National Organisation for Public Health (Εθνικός Οργανισμός Δημόσιας Υγείας, ΕΟΔΥ, also EODY), a private entity supervised and funded directly by the Ministry of Health and Social Solidarity,[99] was the competent body for the provision of medical and psychosocial services. Serious shortcomings were however noted in 2023 due to the insufficient number of medical staff in the RIC (see also Identification) resulting in serious shortcomings regarding the assessment of asylum seekers’ vulnerabilities.

Security personnel in CCACs: The surplus private security personnel guarding each accommodation and other sections of the CCAC is not assisted by interpreters. The lack of interpretation services leads to the endogenous inability of the CCAS’s residents to communicate their needs; especially considering that the latter cannot access services or exit their containers if they do not carry with them their asylum seeker’s ID cards.

In the aftermath of the fires which destroyed the Moria facility on the Greek island of Lesvos, the Task Force was set up within the European Commission’s Directorate General for Migration and Home Affairs (DG HOME). The mission of the Task Force is the coordination of the Union’s work on all strategic, operational, legal and financial issues linked to migration management. The Task Force works in a matrix approach, tapping into established resources in DG HOME’s relevant units (policy, operational, financial) and cooperates closely with all other Commission services and EU agencies involved. Its work covers a wide range of coordination and support activities for Member States both in the Eastern and Southern external borders. The Task Force has a coordinating and supporting function and does not change or replace the prime responsibility of the national authorities in migration management on their territory.[100] However, issues arise as its actual role remains unclear. Moreover, its contribution to the fulfillment of the objectives for which it was created is doubted.[101]

Reception and identification procedures in Evros

Individuals entering Greece through the Greek-Turkish land border in Evros are not subject to the EU-Türkiye statement. Therefore, they are not subjected to the fast-track border procedure and there is no geographical restriction imposed on them while their asylum application remains pending.

However, they are subjected to reception and identification procedures at the Reception and Identification Centre (RIC) in Fylakio, Orestiada, which was inaugurated in 2013 and is since operating as a closed facility. People transferred to the RIC in Fylakio are also subjected to a “restriction of freedom of movement” applied as a de facto detention measure, meaning that, according to the Law they remain restricted within the premises of the RIC for a period of 5 days that can be extended for up to an additional 20 days. However, according to GCR observation, in few cases, de facto detention in the RIC exceeded 25 days, mostly due to delays in transfers in second line reception facilities, which have reached their capacity.[102]

Depending on the number of arrivals, new arrivals, including families and minors, once detected and apprehended by the authorities, may first be transferred to a border guard police station or the Pre-Removal Detention Centre (PRDC) in Fylakio, where they remain in detention (so called ‘pre-RIC detention’) pending their transfer to the RIC Fylakio. ‘Pre-RIC detention’ has occurred in instances where new arrivals surpassed the accommodation capacity of the RIC Fylakio. Their detention “up to the time that [the person] will be transferred to Evros (Fylakio) RIC in order to be subject to reception and identification procedures”, as justified in the relevant detention decisions, has no legal basis in national law (see Grounds for Detention). By the end of 2023, the period of pre-RIC detention was limited to a few days as far as GCR is aware.

By the end of September 2023, 3,577 individuals were registered by the RIS in Evros, out of which 2,722 were men and 855 were women.[103] Information on capacity of the RIC and the number of individuals residing in the RIC during the reporting period were not made available.

Since 2022, the lodging of asylum applications was no longer conducted by GAS. In the scope of Reception and Identification procedures, RIS conducted the registration of the asylum applications, during which all personal details of the applicants and the reasons for seeking international protection are recorded. According to GCR observation, registration took place immediately upon arrival for all newcomers (single adults, families and UAMs). In a considerable number of cases concerning UAMs, the registration of the asylum application took place before they were referred/ appointed to a child protection actor.

Following the conclusion of the Reception and Identification Procedures, newly arrived persons were released and the vast majority were referred by the RIS to open reception facilities in the mainland, with the exception of UAMs who remained in the RIC, pending their placement and transfer to a shelter for minors.

It should be noted that since the end of October 2023, given the lack of capacity of the second line reception facilities[104] and ensuing delays in official transfers of applicants from the Fylakio RIC to other facilities in the mainland, according to GCR observation, registered applicants who had initially expressed their wish to be referred to such facilities as part of their right to reception conditions, have been given the option to be released and leave the RIC on their own. However, in order to do so, applicants are first required to sign a solemn declaration, stating an address, as well as their willingness to no longer be included in official transfers to other facilities on the mainland, and for their right to reception conditions to be waived. Accordingly, this practice, aimed at decongesting the Fylakio RIC, needs to be checked, at least, with respect to the extent to which applicants are effectively informed of the consequences of singing this form, particularly given the link between residence in the Greek reception system and access to a set of provisions, both under material reception conditions (receipt of financial aid), and in the context of limited support to integration (enrolment to Helios) for those that may end up being granted international protection in Greece.

By the end of September 2023, 345 UAMs (274 boys and 71 girls) were registered by the RIS in Evros. This number corresponds to the 24.42% of the total number of UAMs registered during this period in CCACs and RICs in Greece.[105] During 2023, the waiting period for the placement of UAMs in a ‘restriction of liberty status’ (namely in protective custody or in the RIC) to shelters for minors remained short. According to official data available, the average waiting time for the placement was 4.5 days. The average waiting time for the placement of UAMs in protective custody was 0.4 days, while the average waiting time for the placement of UAMs in ‘restriction of liberty’ in the RIC/CCACs was 7.7 days.[106] Transfers from the RIC in Fylakio to shelters for minors may be conducted with delays of up to 2-3 weeks.

[1] European Commission, European Agenda on Migration, COM(2015) 240, 13 May 2015, available at: https://bit.ly/3TrnbG3.

[2] Ibid. 

[3] Ibid.

[4] European Commission, Council Decisions (EU) 2015/1523 of 14 September 2015, OJ 2015, L239/146 and 2015/1601 of 22 September 2015 establishing provisional measures in the area of international protection for the benefit of Italy and Greece, OJ 2015, L248/80, available at: https://bit.ly/43T44rt.

[5] European Commission, European Agenda on Migration, COM(2015) 240, op.cit. p. 6.

[6] European Commission: Migration and Home Affairs, The Hotspot approach to managing exceptional migratory flows, 11 September 2015, available at: https://tinyurl.com/2kxbbt9y; See also GCR,  Limits of Indignation: the EU-Turkey Statement and its implementation in the Samos ‘hotspot’; 10 April 2019, available at: https://tinyurl.com/4h3szes5.

[7] Ministerial Decision 25.0 / 466733/15-12-2021, according to which the RIC of Samos, Leros and Kos are renamed as ‘Closed Controlled Access Centres of Islands (C.C.A.C.I.)’, See also Art. 8 par. 4 L.4375/2016, see also EU Commission, DG Migration and Home, Annual Activity Report 2020, https://tinyurl.com/4ctyva7w.

[8] MoMA, The Minister for Migration and Asylum, Mr. Notis Mitarachi, inaugurated the new closed controlled access centres in Samos, 18 September 2021, available at: https://bit.ly/3DHQzOe; MoMA, N. Mitarachi: Today in Leros and Kos, as a few days ago in Samos and in a few months in Chios and Lesvos, we inaugurate the new Closed Controlled Access Centres, with a view to the future. Images we can all recall from the period 2015-2019 belong definitely to the past, 27 November 2021, available at: https://bit.ly/3j61isb.

[9] Article 12, Presidential Decree 77/2022- Gov. Gazette 212/A/17-11-2022

[10] European Commission, Annual Activity Report 2020, Directorate General for Migration and Home Affairs (DG HOME), available at: https://tinyurl.com/2s3fvyb8, p. 9.

[11] Ert News, Χίος: Ματαίωση της εκδίκασης για τη Νέα Δομή στο Θόλος, 20 September 2023, available in greek at: https://tinyurl.com/3r7hpr6c.

[12] A new facility in Kara Tepe (Mavrovouni) was established in September 2020 after Moria RIC burnt down. In November 2022, the RIC in Mavrovouni has been converted in CCAC. (Article 12, Presidential Decree 77/2022- Gov. Gazette 212/A/17-11-2022).

[13] European Commission, Third Report on the Progress made in the implementation of the EU-Türkiye Statement, COM(2016) 634, 28 September 2016, available at: https://bit.ly/47GuGx0.

[14] RSA, Disgraceful living conditions in the ‘state-of-the-art’ Closed Controlled Access Centre (CCAC) of Samos, 6 February 2024, available at: https://tinyurl.com/465m7vnt. 

[15] According to the official statistics of MoMA, available in Greek at: https://tinyurl.com/shmvzvru, the nominal capacity of CCAC in Lesvos was 3.840 places on 16 September 2023. However, the day after, the nominal capacity of the structure appears to be 8000 places according to available statistics available in Greek at: https://tinyurl.com/4rzcrkvz.

[16] Joint statement on Samos, “Not again in 2024: call for upholding human rights in Samos closed controlled access centre”, 31 January 2024, available at: https://tinyurl.com/296rcd82.

[17] MoMA, Information note reception and identification procedures, December 2023, available in Greek at: https://tinyurl.com/2cw22ree.

[18] Υπουργείο Προστασίας του Πολίτη, Εθνικό Συντονιστικό κέντρο ελέγχου και επιτήρησης συνόρων (Ε.Σ.Κ.Ε.Ε.Σ.), Εικόνα της Κατάστασης Νήσων Ανατολικού Αιγαίου της 31/12/2023, 1 January 2024, available in Greek at: https://tinyurl.com/yc44zc8a.

[19] GCR, News from the field, 1 May 2023, available in Greek at: https://tinyurl.com/3us999zx. 

[20] Médecins Sans Frontières, Pushbacks, detention and violence towards migrants on Lesbos, 25 May 2023, available at:  https://tinyurl.com/htk996p2. 

[21] Tvxs, Χίος – Λέσβος: Μαχητικό «όχι» των κατοίκων στις προσφυγικές δομές – φυλακές, 6 January 2022, available in Greek, https://tinyurl.com/27xjwmuw .

[22] CNN Greece, Προσφυγικό: Στο ΣτΕ ο δήμος Λέρου κατά της κατασκευής ΚΥΤ στο Λακκί, 4 January 2021, available in Greek at: https://bit.ly/3DFVT4y and ECRE, Greece: Significant Decrease of Arrivals – Chaos Continues, 15 January 2021, available at: https://bit.ly/37tbYPr.

[23] Δημοκρατική , ΣτΕ, Απορρίφθηκε η αίτηση του Δήμου Λέρου για ακύρωση της απόφασης κατασκευής της νέας κλειστής δομής, , 9 June 2023, available at,  https://tinyurl.com/4mxvfhv4.

[24] Commission of suspensions, Council of State, 19-12-2022, decision 199/2022, available in Greek at: https://bit.ly/3Vdnva1.

[25] Summary of Greek Council of State’s the decision n.1335/2023 available in Greek at: https://tinyurl.com/5n88drdz.

[26] ΤaΝea, Council of State: Invalid licensing of a structure in Plati – Vastria, Lesvos, 9 August 2023, available in Greek at: https://tinyurl.com/mpvj7xcv.

[27] LesvosNews.Net, Τι θα γίνει τελικά με την Βάστρια; Ι απαντά ο Υπουργός, 19 October 2023, available in greek at: https://tinyurl.com/sn4snjn5.

[28] Ert News, Chios: Discontinuation of the hearing for the New Structure in Τholos, 20 September 2023, available in Greek at: https://tinyurl.com/3x2w8sxy.

[29] RSA, What is happening today in the refugee structures on the Aegean islands, available at https://tinyurl.com/bdpc6byj

[30] RSA, Chios: What is happening today in the refugee structures on the Aegean islands, May 2023, available at: https://tinyurl.com/mnrvnyyh.

[31] Ibid.

[32] Joint CSO letter, Forced food insecurity at the Lesvos Closed Controlled Access Centre,15 June 2023, available at: https://tinyurl.com/27n8k379.

[33] Observatory of the Refugee and Migration Crisis in the Aegean, EU Commissioner for Home Affairs, Ms. Ylva Johansson, issued a robust response to a joint open letter by organisations working in Greece, 15 December 2021, available at: https://bit.ly/3PUmiTN.

[34] RSA, What is happening today in the refugee structures on the Aegean islands, available at https://tinyurl.com/bdpc6byj

[35] European Commission DG Migration and Home Affairs, Annual Activity Report 2021 Annexes, 2 May 2022, https://tinyurl.com/3985fuc5,

[36] MoMA, R.I.C & C.C.A.C.,  https://tinyurl.com/4a4kb3f3.

[37] Greek Council for Refugees & Oxfam International, Submission Inquiry on Fundamental Rights in the EU-funded Migration Facilities on the Greek Islands Case OI/3/2022/MHZ, November 2022, available at: https://tinyurl.com/5ebxr3rh

[38] RSA, What is happening today in the refugee structures on the Aegean islands, available at https://tinyurl.com/bdpc6byj

[39] Syriza, Βουλευτές ΣΥΡΙΖΑ-ΠΣ: Επείγουσα ανάγκη για παροχή τρεχούμενου και πόσιμου νερού στους εργαζόμενους και τους φιλοξενούμενους στην ΚΕΔ Σάμου, 14 september 2023, available at in Greek at:  https://tinyurl.com/355wj3ay.   

[40] GCR, Absolutely inadequate conditions in the new Closed Controlled Access Center (CCAC) of Kos: The European Court of Human Rights has granted Interim Measures, 14 December 2023, available at: https://tinyurl.com/mr36kzwr  and Civil Society Joint Statement, Not again in 2024: Call for upholding human rights in the Samos Closed Controlled Access Centre, 31 January 2024, available at: https://bit.ly/3vKHJje.

[41] Civil Society Joint Statement, Unlawful detention and worsening conditions: Over 4,000 asylum seekers unlawfully detained on Samos and Lesvos,19 September 2023, available at: https://tinyurl.com/727ubb4r.

[42] European Ombudsman, Decision in strategic inquiry OI/3/2022/MHZ on how the European Commission ensures respect for fundmental rights in EU-funded migration management facilities in Greece, 7 June 2023, https://tinyurl.com/3v82dswd, para. 48

[43] RSA, Disgraceful living conditions in the ‘state-of-the-art’ Closed Controlled Access Centre (CCAC) of Samos, 6 February 2024, available at: https://tinyurl.com/y6mx8msn;

[44] EfSyn, The [NHS] on the islands is collapsing: Without an GP at the Hippocrates Hospital in Kos, 23 June 2023, available in Greek at: https://tinyurl.com/56ywtxww.

[45] NewsIt, Kos: 63 year old woman died on her way to the hospital on the back of a truck – No ambulance was available, 6 June 2023, available in Greek at: https://tinyurl.com/bdhnmnk8.

[46] HRLP, Interim measures granted by the ECtHR for a woman and her daughter on Samos, 20 September,2023, available at: https://tinyurl.com/2p3u7bcp

[47] ECtHR, M.K. and Others v. Greece [Application no. 42416/23]. See also, GCR, Absolutely inadequate conditions in the new Closed Controlled Access Center (CCAC) of Kos: The European Court of Human Rights has granted Interim Measures,14 December 2023, available at: https://tinyurl.com/478cmr8w

[48] ECtHR, H.T. and M.T. v. Greece [Application no.2868/24]. See also  ΙHaveRights,Degrading conditions in Samos CCAC: The European Court of Human Rights grants Interim Measures”, 7 February 2024, available at: https://tinyurl.com/3m959tz6.

[49] European Council, EU-Türkiye statement, 18 March 2016, available at: http://bit.ly/1VjZvOD.

[50] The Greens / European Free Alliance in the European Parliament, The EU-Türkiye Statement and the Greek Hotspots, a failed European pilot project in refugee policy, June 2018, available at: https://bit.ly/3sYrduD.

[51] In this respect, it should be mentioned that on 28 February 2017, the European Union General Court issued an order, ruling that ‘the EU-Türkiye Statement, as published by means of Press Release No 144/16, cannot be regarded as a measure adopted by the European Council, or, moreover, by any other institution, body, office or agency of the European Union, or as revealing the existence of such a measure that corresponds to the contested measure.’ Therefore, ‘the Court does not have jurisdiction to rule on the lawfulness of an international agreement concluded by the Member States’.[51] The order became final on 12 September 2018, as an appeal lodged before the Court of Justice of the European Union (CJEU) was rejected. See, General Court of the European Union, Cases T-192/16, T-193/16 and T-257/16 NF, NG and NM v. European Council, Order of 28 February 2017. See also, General Court of the European Union’s press release, 28 February 2017, available at: https://bit.ly/46KLkdk. See also, CJEU, Cases C-208/17 P, C-209/17 P and 210/17 P NF, NG and NM v European Council, Order of 12 September 2018.

[52] Article 28 L.4825/2021 on ‘Reform of deportation and return procedures of third country nationals, attraction of investors and digital nomads, issues of residence permit and procedures for granting international protection, provisions of competence of the Ministry of Immigration and Asylum’.

[53] According to Article 8(4) L. 4375/2016, ‘[t]he Regional Services of the Reception and identification Service shall be: a. The Reception and Identification Centres (RIC) b. Mobile Reception and Identification Units (MRIU) c. The Open Temporary Reception Structures for third-country nationals or stateless persons who have applied for international protection, d. The Open Temporary Accommodation Structures for third-country nationals or stateless persons: who are under a return procedure in accordance with article 22 of law 3907/2011, or with paragraph 3 of this article in conjunction with article 30 of law 3907/2011 or whose removal has been postponed in accordance with Article 24 of law 3907/2011 or who fall under the provisions of article 76 para. 5 or article 78 or article 78a of law 3386/2005’. Article 30(4) L. 4686/2020 amended article 8(4) L.4375/2016 and foresaw the establishment of the so called ‘Closed Temporary Reception Facilities’ for asylum seekers against whom a detention decision has been issued and the ‘Islands’ Closed Controlled Facilities’, for asylum seekers, persons under a removal procedure and persons under geographical limitation. Article 8(4) L. 4375/2016 as amended by article 30(4) L. 4686/2020 was applied until the entry into force of L. 4852/2021 on 4 September 2021.

[54] as amended by Article 62 L.4939/2022.

[55] Article 40 (a) L.4939/2022.

[56] HIAS- Refugee Support Aegean- Greek Council for Refugees, Asylum Case Law Bulletin, Vol.2/2023, December 2023, Decision No. ΙP/21911/2023, issued on 18 July of 2023 by the 20th Appeals’ Committee, p.7, available in Greek at: https://tinyurl.com/255ucet2.

[57] UNHCR, Returns from Greece to Türkiye, in the framework of the EU – TUR Statement. Source: Greek Ministry of Citizen Protection, 31 March 2020, available at: https://bit.ly/3xtx5hp.   

[58] European Commission, Commission Staff working document, Türkiye 2023 Report, Brussels, 08-11-2023, available at: https://tinyurl.com/yb43pj8m.  

[59] European Commission, Key Findings of the 2023 Report on Türkiye, Brussels, 8 November 2023, available at: https://tinyurl.com/wdv96598.  

[60] EUAA, The EU- Turkey Statement, Asylum report 2022, Return of former applicants, available at: https://tinyurl.com/r3nxu7r2.   

[61] Greek Council of State, Decision 177/2023, 3 February 2023, available in Greek at: https://bit.ly/3GvzhGl.

[62] RSA, Greek Council of State: Preliminary questions regarding Turkey as a safe third country, 6 February 2023, available at: https://bit.ly/4156P7u; RSA, Key points on the Greek Council of State ruling on the “safe third country” concept, 17 February 2023, available at: https://bit.ly/3RriH0o. 

[63] GCR RSA Joint Press Release, Hearing before the Court of Justice of the European Union on Thursday 14 March on the preliminary questions of the Greek Council of State regarding Turkey as a “safe third country”, 13 March 2024, https://tinyurl.com/yjpfa4w2

[64] ECRE, Greece: More Crossings and Pushbacks in the Aegean Sea ― One of “Moria6” Loses Appeal Against Arson Conviction ― NGO Report on Sexual and Gender-based Violence in Asylum Policy on Lesvos ― Concerns about Lack of Accommodation on Crete Following Large Number of Arrivals ― CJEU Hearing on Designation of Türkiye as a “Safe Third Country”, 15 March 2024, available at: https://bit.ly/3VOMdzq.

[65] AIDA, Country Report Greece 2022 update, June 2023, p.42 available at: https://tinyurl.com/m5wkkj3

[66] L 4375/2016, Gov. Gazette 51/A/3-4-2016, available at: http://bit.ly/2kKm2cu.

[67] Article1 PD, 18/2020 (ΦΕΚ 34/Α/19-2-2020), available in Greek at: https://bit.ly/3wfJUHz.

[68] Asylum Code, available in Greek: https://bit.ly/3Ek1hfp.

[69] See also art. 12 of PD 77/2023 on the Establishment of Closed Controlled Access Centers.

[70] Article 38(1) Asylum Code.

[71] Article 38(2) Asylum Code.

[72] Article 39 Asylum Code.

[73] Article 40 Asylum Code.

[74] Ibid.

[75] Article 40(a) Asylum Code.

[76] Article 41 Asylum Code.

[77] Article 42(c) Asylum Code.

[78] Article 43(a) Asylum Code.

[79] Article 40 (a) L.4939/2022

[80] Joint CSO Statement, Unlawful detention and worsening conditions: Over 4,000 asylum seekers unlawfully detained on Samos and Lesvos, 19 September 2023, available at: https://tinyurl.com/3w8natsr.  

[81] Joint CSO Statement, Not Again in 2024 Call for Upholding Human Rights in the Samos Closed Controlled Access Centre, 31 January 2024, available at: https://tinyurl.com/w37h9mfb.

[82] Joint CSO Statement, Unlawful detention and worsening conditions: over 4,000 asylum seekers and unlawfully detained on Samos and Lesvos, 19 September 2023, available at: https://bit.ly/3VPTWxx.

[83] Ibid.

[84] GCR, News from the field, 1 May 2023, available at https://tinyurl.com/3us999zx.

[85] MSF, Pushbacks, detention and violence towards migrants on Lesbos, Press Release, 25 May 2023, available at: https://tinyurl.com/htk996p2.

[86] GCR, News from the field, 1 May 2023, available in Greek at https://tinyurl.com/3us999zx.

[87] European Ombudsman, Decision in strategic inquiry OI/3/2022/MHZ on how the European Commission ensures respect for fundamental rights in EU-funded migration management facilities in Greece, 7 June 2023, https://tinyurl.com/3v82dswd.

[88] Data made available to GCR by the General Secretariat for Vulnerable Persons & Institutional Protection of the MoMA, as of 04 March 2024.

[89] RSA, What is happening today in the refugee structures on the Aegean islands, available at: https://tinyurl.com/3dffraet.

[90] Article 8(2) L 4375/2016 as amended by Article 116(3) L 4636/2019, Article 9 L 4375/2016 as amended by Article 39 IPA; see also, Ministerial Decree No 1/7433, Governmental Gazette Β 2219/10.6.2019, General Operation Regulation of the RICs and the Mobile Units of Reception and Identification.

[91] Joint CSO Statement, Unlawful detention and worsening conditions: Over 4,000 asylum seekers unlawfully detained on Samos and Lesvos, 19 September 2023, available at: https://tinyurl.com/3w8natsr.  

[92] Equal Rights Beyond Borders, HIAS Greece & RSA, Tthe state of the border procedure on the greek islands, September 2022, available at: https://bit.ly/3AtPXLu, 13.

[93] RSA, What is happening today in the refugee structures on the Aegean islands, available at: https://tinyurl.com/3dffraet. For more information regarding the impact of Covid-19 restrictive measures on the islands, see AIDA, Country Report: Greece, 2022 Update, June 2023, available at: https://bit.ly/3PUOVk9.

[94] Article 90(2) IPA.

[95] Article 90(3), b IPA.

[96] Article 39(6) IPA

[97] Article 65(16) and 90(3) b IPA. See also ECRE, The Role of EASO Operations in National Asylum Systems, November 2019, available at: https://bit.ly/3cSt5rs.

[98] ECRE, The Role of EASO Operations in national asylum systems, November 2019, available at: https://bit.ly/3cSt5rs.

[99] Established by L 4633/2019.

[100] EU Commission, Task Force Migration Management, available at: https://tinyurl.com/4hyxbes9.

[101] RSA, What is happening today in the refugee structures on the Aegean islands, available at https://tinyurl.com/bdpc6byj

[102] GCR, Reception of asylum seekers in Greece: the demand for humane conditions remains, 9 November 2023, https://tinyurl.com/5d789w58.

[103] As per the latest available data (time of writing) published at the MoMA’s website, under Statistics, Reception and Identification Service, 2023, nine months of 2023, registrations of TCNs/stateless persons per location of registration, available in Greek at: https://tinyurl.com/2p8dv6su.  

[104] GCR, Reception of asylum seekers in Greece: the demand for humane conditions remains, 9 November 2023, https://tinyurl.com/5d789w58.

[105] As per the latest available data (time of writing) published at the MoMA’s website, under Statistics, Reception and Identification Service, 2023, nine months of 2023, registrations of UAM per location of registration, available in Greek at: https://tinyurl.com/yc4rcr2e.

[106] Data received from the General Secretariat for Vulnerable Persons & Institutional Protection of the MoMA, on 4 March 2024.