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Law 4939/2022 (Asylum Code), in force since 10 June 2022, foresees extensive provisions on the detention of asylum seekers and significantly less guarantees during the imposition of detention measures against asylum applicants, following previous legislative amendments.[1] In practice, the legal framework threatens to undermine the principle that detention of asylum seekers should only be applied exceptionally and as a measure of last resort. In particular, the Asylum Code foresees:

• The possibility of detaining asylum seekers even when they apply for international protection when not detained, on the basis of an extensive list of grounds justifying detention.[2] 50(2) Asylum Code provides that an asylum seeker who has already applied for asylum while free may still be detained:
  • in order to determine or verify his or her identity or nationality or origin;
  • in order to determine those elements on which the application for international protection is based which could not be obtained in the absence of detention, in particular when there is a risk of absconding of the applicant;
  • when there is a risk of national security or public order;
  • when there is a significant risk of absconding within the meaning of Art. 2(n) of Regulation (EU) 604/2013 and in order to ensure the implementation of the transfer procedure in accordance with the Dublin Regulation;
  • in order to decide, in the context of a procedure, on the applicant’s right to enter the territory;
• Extensive maximum time limits for the detention of asylum seekers. According to Article 50 (5) Asylum Code, the detention of an asylum seeker can be imposed for an initial period of up to 50 days and may be successively prolonged up to a maximum of 18 months. Furthermore, according to Article 46(5), the detention period in view of removal (return/deportation, etc.) is not considered when calculating the total time, and thus the total detention period of a third country national within the migration context may reach 36 months (18 months while in the asylum procedure + 18 months in view of removal).The possibility to extend the period of detention of asylum seekers up to 18 months raises serious concerns about its compliance with the obligation to impose asylum detention “only for as short a period as possible” and to complete asylum procedures with “due diligence” in accordance with Article 9 the Reception Conditions Directive (2013/33/EU).
• The abolition of the safeguard to impose the detention of an asylum seeker only upon a prior recommendation of the Asylum Service. The IPA provided that the detention of an asylum seeker could only be imposed following prior relevant recommendation by the Asylum Service, with the exception of cases that detention was ordered on public order grounds, which could be ordered directly by the Police Director. Article 50(4) of the Asylum Code abolished the requirement for a recommendation issued by the Asylum Service and provides that the detention of an asylum seeker on any ground may be imposed directly by the police upon prior notification by the Asylum Service. As the Asylum Service is the only authority that may assess the need for detention based on the specific elements of the application and substantiate the grounds for detention as required by law, this amendment raises concerns inter alia on the respect of the obligation for an individual assessment and the principle of proportionality before the detention of an asylum applicant.

For further amendments previously introduced to the legal framework of detention, see AIDA report on Greece 2021.[3]

During 2023, despite the fact that no readmission to Türkiye has been implemented for more than three years,[4] and for the time being no reasonable prospect of readmission to Türkiye exists, third-country nationals, including asylum seekers whose applications have been rejected as inadmissible on the basis of the safe third country concept, remained detained for prolonged periods.[5]

Statistics on detention[6]

In 2023, a total number of 20,540 detention orders have been issued following a removal decision (return/deportation decision).

A total number of 2,325 third-country nationals remained in administrative detention at the end of 2023. Out of those 2,064 were detained in pre-removal detention centres (PRDCs) and 261 third-country nationals were detained in police stations or other police facilities countrywide.

Out of the total 2,064 persons detained in PRDCs at the end of 2023, 1,003 persons (48.59%) were asylum seekers. Moreover, on 31 December 2023, 33% of persons detained in PRDCs, had been in detention for a period exceeding six (6) months.

A number of 504 unaccompanied children have been detained in PRDCs during 2023, prior to their placement in a shelter for UAMs. As per data provided by the SG for Vulnerable Persons & Institutional Protection, average waiting times for the placement of UAM living in conditions of restriction of freedom (protective custody) in a shelter stood at 0.4 days[7].

Source: Directorate of the Hellenic Police, 23 January 2019; 8 February 2020, 11 February 2021, 8 March 2022, 2 February 2023, 18 January 2024.

The breakdown of detained asylum seekers and the total population of detainees per pre-removal centre is as follows:

Source: Directorate of the Hellenic Police 18 January 2024.

The breakdown of unaccompanied children under administrative detention per pre-removal centre is as follows:

Source: Directorate of the Hellenic Police 18 January 2024.

Number of pre-removal detention centres (PRDCs):  There were seven active pre-removal detention centres in Greece at the end of 2023. This includes five centres on the mainland (Amygdaleza, Tavros, Corinth, Xanthi, Paranesti, Fylakio) and one on the islands (Kos). The total pre-removal detention capacity is 3,676 places.[8] In addition to the above, police stations and other holding facilities are also used for prolonged migration detention, despite the fact that as the ECtHR has found, these facilities are not 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”.[9]

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 20,540 detention orders following a removal decision issued in 2023, the total number of forced returns was 2,892 in 2023 (14.07%).[10] 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, 68.15%).[11]

[1] UNHCR, UNHCR urges Greece to Strengthen Safeguards in Draft Asylum Law, 24 October 2019, available at: https://bit.ly/2IzauTV.

[2] Article 50(2) Asylum Code.

[3] AIDA, Country Report: Greece, 2021 update, May 2022, available at: https://bit.ly/3MRVkLf.

[4] MoMA, Removals within the framework of the EU-Türkiye Statement have not been implemented since March 2020, July 2021, available in Greek at: https://bit.ly/3lvS76h, p. 11.

[5] Based on Information provided by the Directorate of the Hellenic Police, 18 January 2024.

[6] Information provided by the Directorate of the Hellenic Police, 18 January 2024.

[7] Data provided by the General Secretariat for Vulnerable Persons & Institutional Protection on 6 March 2024.

[8] Information provided by the Directorate of the Hellenic Police, 18 January 2024.

[9] 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.

[10] Information provided by the Directorate of the Hellenic Police, 8 February 2020, 11 February 2021, 8 March 2022, 2 February 2023, 18 January 2024

[11] Ibid.