Types of accommodation

Author

Greek Council for Refugees Visit Website

Article 28 L. 4825/2021 (replacing para. 4 art. 8 L 4375/2016) provides that the Regional Services of the RIS are the:

• Reception and Identification Centres (RICs),
• Controlled Temporary Accommodation Centres and
• Closed Controlled Access Centres (CCACs), which are structured and have similar responsibilities to the RICs and which include distinct spaces for the operation of Temporary Accommodation facilities and Pre-Removal Centres.

The same article also provides for the operation of distinct spaces, within the perimeter of the aforementioned types of accommodation, that should fulfil specifications appropriate for the accommodation of third country nationals or stateless persons belonging to the vulnerable groups prescribed by law.

Overall, the Greek reception system has been long criticised as inadequate, not least in the M.S.S. v. Belgium and Greece ruling of the ECtHR. Subsequent jurisprudence of the ECtHR has also found violations of Article 3 ECHR due to the failure of national authorities to provide asylum seekers with adequate living conditions.[1]

From mid-2015, when Greece was facing large-scale arrivals of refugees, those shortcomings became increasingly apparent. The imposition of border restrictions and the subsequent closure of the Western Balkan route in March 2016 resulted in trapping about 50,000 third-country nationals in Greece. This created inter alia an unprecedented burden on the Greek reception system.[2] Since then, the number of reception places has increased mainly through camps and the former ESTIA accommodation programme initially implemented by UNHCR, until the latter was terminated at the end of 2022. Despite this increase, destitution and homelessness remain a risk, which has continued affecting asylum seekers and refugees,[3] particularly following the Greek government’s decision to link eligibility for the cash-based support provided in the context of material reception with residence in Greece’s reception system, coupled with the termination of ESTIA –which severely disrupted applicants’ access to their rights while compounding barriers to integration[4]– and systematic application of the “safe third country” concept even to cases where the provisions of article 38 Directive 2013/32/EU are not fulfilled in practice.

The Reception and Identification Service (RIS), operating under the General Secretariat for the Reception of Asylum Applicants of the MoMA, is the responsible authority for the reception of asylum seekers,[5] including of unaccompanied minors.[6] Following the full handover of “ESTIA” to the MoMA in May 2021,[7] the RIS has also been responsible for managing the accommodation programme, in collaboration with implementing partners,[8] until the programme was terminated in December 2022. Yet as far as GCR is aware, the RIS had stopped receiving new referrals for accommodation to ESTIA, even for highly vulnerable cases, several months before the programme’s termination. Following the entry into force of the Asylum Code and relevant amendments by L. 4960/2022, the Special Secretary for Unaccompanied Minors (SSUM) of the MoMA remained the competent authority for the protection of UAM, including for the referral and accompaniment of UAM to dedicated accommodation facilities for UAM and the implementation of Guardianship,[9] until the transfer of its responsibilities (under article 39 pf P.D. 106/2020) to the new General Secretariat for Vulnerable Persons & Institutional Protection establishedwith article 6(1) of P.D. 77/2023 (A’ 130/ 27.6.2023).

Temporary accommodation centres

In 2016, in order to address the needs of persons remaining in Greece after the imposition of border restrictions along the so-called Western Balkan route, a number of temporary camps were created on the mainland in order to increase accommodation capacity. Article 10 of L. 4375/2016[10] provided a legal basis for the establishment of different accommodation facilities.

In addition to Reception and Identification Centres,[11] the Ministry of Economy and the Ministry of Internal Affairs may, by joint decision, establish open Temporary Reception Facilities for Asylum Seekers (Δομές Προσωρινής Υποδοχής Αιτούντων Διεθνή Προστασία),[12] as well as open Temporary Accommodation Facilities (Δομές Προσωρινής Φιλοξενίας) for persons subject to return procedures or whose return has been suspended.[13]

Lastly, and amongst others, as per the amendments brought forth by L. 4686/2020, the Ministers of Finance, of Citizen Protection and of Migration & Asylum can decide on the establishment of Closed Temporary Reception Centres and Closed-Controlled Island Centres for asylum applicants subject to a detention order, for asylum applicants or persons subject to a return procedure or whose removal has been suspended, provided that restrictive conditions have been imposed on them.[14] As per the same amendment, Reception and Identification Centres (RICs), Closed Temporary Reception Structures, Pre-Removal Detention Centres (PRDCs), as well as separate areas with appropriate specifications for the accommodation of third country nationals or stateless persons belonging to vulnerable groups can operate within the aforementioned Closed Temporary Reception Centres and Closed-Controlled Island Centres.

As of 24 March 2020, following the issuance of a relevant Joint Ministerial Decision of the Ministers of Finance and of Migration & Asylum,[15] all temporary accommodation centres (i.e., mainland camps) and emergency facilities (i.e., hotels) have been regulated. Before that, the only three facilities officially established on the mainland were Elaionas,[16] Schisto and Diavata,[17] with the rest operating without an official manager, through Site Management & Support. As of May 2020, following a decision issued by the Minister of Migration and Asylum,[18] Directors were assigned for a period of a year, which is renewable for up to an additional two years, to the entire island, RICs and the temporary mainland accommodation centres. In the same month, as per Joint Ministerial Decisions issued by the Ministers of Environment and Energy, of Internal Affairs and of Migration and Asylum, the locations and the construction of the new island RICs on Leros (“Ormos Lakki” location, with a surface area of 25,514.09 m2), Samos (“Zervou” location, with a surface area of 244,789.34 m2) and Kos (“Mesovouni” location, with a surface area of 25,514.09 m2) were decided.[19]

The capacity and occupancy of accommodation sites can be seen in the following table:

Source: National Coordination Centre for border Control, Immigration and Asylum, National Situational Picture regarding the Islands at Eastern Aegean Sea (31/12/2023), 1 January 2024, available at: https://migration.gov.gr/en/statistika/; MoMA, Statistics, Consolidated Reports – Overview: December 2023 – International Protection | Appendix A, available at: https://tinyurl.com/yc2stzh7, table 4.

The islands and accommodation in the hotspots

Immediately after the launch of the EU-Türkiye Statement on 20 March 2016, Reception and Identification Centres (RIC) –the so-called “hotspot” facilities– were transformed into closed detention facilities due to a practice of blanket detention of all newly arrived persons.[20] Following criticism by national and international organisations and actors, as well as due to the limited capacity to maintain and run closed facilities on the islands with a large population,[21] this practice was largely abandoned shortly afterwards. As a result, before the COVID-19 pandemic and the subsequent establishment of the new CCACs, islands RICs were mainly operating as open reception centres, similar to mainland camps (with the exception of mainland RICs of Orestiada, Diavata and Malakasa).

In March 2020, following the breakout of the global COVID-19 pandemic, those residing in RICs and camps became subject to disproportionate restrictions of their freedom of movement in the context of measures aimed at restricting the spread of the virus.[22] These restrictions continued being renewed up to 27 March 2023,[23] even though restrictive measures in the context of the pandemic had largely stopped being applied to the rest of the population.[24]

Following a controversial press briefing on the Government’s operational plan for responding to the refugee issue, on 20 November 2019,[25] it was announced that the island RICs would be transformed into Closed Reception and Identification Centres that would simultaneously function as Pre-Removal Detention Centres and which would have a capacity of at least 18,000 places. The announcements inter alia raised serious concerns and were condemned by a wide array of actors, including members of the European Parliament – who addressed an open letter to the Justice and Home Affairs Council – the CoE Commissioner for Human Rights,[26] as well as GCR and other civil society actors,[27] and local communities in Greece, who have on several occasions continued to display their opposition to the creation of new centres on the islands and the containment of asylum applicants there.[28]

Notwithstanding, throughout 2023, people residing in the CCACs continued to be subjected to a “geographical restriction”, based on which they are under an obligation not to leave the island and to reside in the RIC facility (see Freedom of Movement). They also remain subject to strict entry-exit measures, such as having to undergo security controls (metal detectors and/or physical controls), and to being under an obligation to comply with permitted hours of exit and (re)entry, and with an obligation to stay in the CCAC during the night. Non-compliance with these obligations can inter alia lead to the reduction and/or withdrawal of material reception conditions in accordance with article 61 Asylum Code.[29]

As of 31 December 2023,[30] 16,139 persons remained on the Eastern Aegean islands, more than 3 times higher compared to the same day in the previous year (4,735).[31] Of those, 46 were in detention in police cells in Lesvos, Kos and other islands, and in the Pre-Removal Detention Centre (PRDC) of Kos, while the nominal capacity of the CCACs on all five islands stood at 17,737 (12% increase compared to December 2022, when capacity stood at 15,790 places).

More precisely, the figures reported by the National Coordination Centre for Border Control, Immigration and Asylum, under the Ministry of Citizen Protection, were as follows:

Source: National Coordination Centre for border Control, Immigration and Asylum, National Situational Picture regarding the Islands at Eastern Aegean Sea (31/12/2023), 1 January 2024, available at: https://migration.gov.gr/en/statistika/. 

[1] ECtHR, F.H. v. Greece, Application No 78456/11, Judgment of 31 July 2014; Al.K. v. Greece, Application No 63542/11, Judgment of 11 March 2015; Amadou v. Greece, Application No 37991/11, Judgment of 4 February 2016; S.G. v. Greece, Application No 46558/12, Judgment of 18 May 2017, A.D. v Greece, Application no. 55363/19, Judgement of 4 April 2023.

[2] See also AIRE Centre and ECRE, With Greece: Recommendations for refugee protection, July 2016, available at: https://bit.ly/3WRDBXE, pp. 7-8.

[3] See, inter alia, Katimerini, Thousands of refugees back out in the cold, 20 January 2023, available at: https://bit.ly/3mWTzm3; The Guardian, Destitution is almost inevitable: Afghan refugees in Greece left homeless by failed system, 30 November 2022, available at: https://bit.ly/3HbNicW; GCR, Diotima Centre & IRC, Homeless & Hopeless: An assessment of the housing situation of asylum applicants and beneficiaries of international protection in Greece, January 2022, available at: https://bit.ly/3uwZ2zC; Joint Announcement of 74 civils society organisations, Refugees in Greece: Risk of Homelessness and Destitution for Thousands during Winter, 22 December 2020, available at: https://bit.ly/3nIBofT.

[4] For more, see AIDA, Country Report Greece: 2022 Update, June 2023, available at: https://bit.ly/45vXAir, pp. 161-164.

[5] Article 1(ιστ) Αsylum Code.

[6] Article 64 (2) Asylum Code as amended.

[7] ECRE, Greece: Hearing Reveals Hostile Environment for Human Rights Defenders, Strategy of Deflection and Denials on Pushbacks Continue, ESTIA Cash Scheme Unravels as Government Takes Over, 15 October 2021, available at: https://bit.ly/3LmNohy.

[8] MoMA, ESTIA Programme, see: https://bit.ly/439SeIj.

[9] Article 64 Asylum Code.

[10] As in force after replacement with article 29 of L. 4825/2021 regarding reform of deportation and returns procedures, attraction of investors and digital nomads, issues of residence permits and of procedures for granting international protection, provisions of the competence of the MoMA and of the Ministry of Citizen Protection and other urgent provisions.

[11] Article 10(1)-(2) L 4375/2016. The article has not been abolished by the IPA and remains the same.

[12] Article 10(4) L 4375/2016. The article has not been abolished by the IPA and remains the same.

[13] Article 10(5) L 4375/2016. The article has not been abolished by the IPA and remains the same.

[14] Article 30 (4) and (5) L. 4686/2020 amending articles 8 and 10 of L. 4375/2016 respectively.

[15] JMD 2945/2020 on the ‘Establishment of Temporary Reception Structures for Third-Country Nationals or Stateless Persons who have applied for international protection’, Gov. Gazette 1016/Β/24-3-2020.

[16] JMD 3/5262, ‘Establishment of the Open Facility for the hospitality of asylum seekers and persons belonging to vulnerable groups in Elaionas Attica Region’, 18 September 2015, Gov. Gazette B2065/18.09.2015; JMD 3.2/6008 ‘Establishment of the Open Facility for the temporary reception of applicant of international protection’, 18 September 2015, Gov. Gazette B’ 1940/6.06.2017.

[17] JMD 3/14762, ‘Establishment of Open Facilities for the Temporary Hospitality of applicant for international protection’, Gov. Gazette Β’ 3720/16.11.2016.

[18] Ministerial decision 4512/19.05.2020 of the Minister of Migration and Asylum, Gov. Gazette Government Gazette, Volume of Special Position Employees and Administration Bodies of the Public Sector and the Broader Public Sector Agencies, no.381/23-05-2021.

[19] JMD 4712, 4711 and 5099, Gov. Gazette 2043/Β/30-5-2020.

[20] AIDA, Country Report Greece: 2016 Update, March 2017, available at: https://bit.ly/3J8Qw23,  p.100 et seq.

[21] UNHCR, Explanatory Memorandum to UNHCR’s Submission to the Committee of Ministers of the Council of Europe on developments in the management of asylum and reception in Greece, May 2017, available at: https://bit.ly/3Qhsk0O, p. 10.

[22] Although measures for the general population have largely fluctuated throughout the year, also depending on the epidemiological actualities of each location, residents of RICs and camps have been consistently subject to a horizontal restriction of their movement between 7pm-7am, with representatives of families or groups only allowed exit from the respective facilities in order to cover essential needs, as per consecutive Joint Ministerial Decisions issued since 21 March 2020. Amongst others, see HRW, Greece Again Extends Covid-19 Lockdown at Refugee Camps, 12 June 2020, available at: https://bit.ly/3fmYncl.

[23] JMD Δ1α/ΓΠ.οικ.15102/10.3.2023 on the “Extension of the Joint Ministerial Decision Δ1α/ΓΠ.οικ.5432/27.1.2023 (Β’ 389) regarding emergency measures to protect public health from the risk of further spread of the coronavirus COVID-19 in the whole of the Territory until Monday, 27 March 2023 at 06:00”, available in Greek at: https://bit.ly/3w9lrI4, in conjunction with JMD Δ1α/ΓΠ.οικ.5432/27.1.2023 and Annex II therein.

[24] For more, see AIDA, Country Report Greece: 2022 Update, June 2023, available at: https://bit.ly/45vXAir, p. 165.

[25] Greek Government, Political Press Briefing – the Government’s Operational Plan for dealing with the migrant issue, 20 November 2019, available in Greek at: https://bit.ly/2RO2Kml.

[26] Council of Europe, Commissioner seeks information from the Greek government on its plans to set-up closed reception centres on the Aegean islands, 3 December 2019, available at: https://bit.ly/38X2GX4.

[27] For instance, see GCR, The Greek Authorities announcements on the refugee issue are in contrast to national and international law, 21 November 2019, available in Greek at: https://bit.ly/489ITCn; The Guardian, Aid groups condemn Greece over ‘prison’ camps for migrants, 25 November 2019, available at: https://bit.ly/2S4YXzW.

[28] For instance, Coordinating Committee of the Elected Officials – Residents Of Chios, We will not allow the islands to become prisons for souls, 902.gr, 5 July 2023, available in Greek at: https://tinyurl.com/yzts4rwe; Ethnos, Lesvos: Residents’ reactions to the new migrant structure, 8 February 2022, available in Greek at: https://bit.ly/3xS67jw; Ekathimerini, More protests against new island centres on the way, 10 January 2020, available at: https://bit.ly/31fwkEp; Efsyn, The papers say one thing and N. Mitarakis says another, 26 April 2021, available in Greek at: https://bit.ly/3t2kiuc and GCR, SCI, Greece, Advocacy update: March-April 2021, available at: https://bit.ly/2SNIsw2, pp. 4-5.

[29] Articles 6 and 9 of Decision 553695/2023 of the General Secretary for Reception of Asylum Seeker of the Ministry of Migration and Asylum regarding the General Regulation for the Operation of Closed Controlled Facilities, 31 December 2023. As per article 9 of the same decision, the allowed hours of exit and (re)entry, which in practice largely mirror those imposed under previous measures aimed at combating spread of the coronavirus, are specified by a Decision of the Director of the RIS. Yet up to the time of writing it hasn’t been possible to find said Decision.

[30] National Coordination Centre for border Control, Immigration and Asylum, National Situational Picture regarding the Islands at Eastern Aegean Sea (31/12/2023), 1 January 2024, available at:  https://bit.ly/3OFlP83.

[31] National Coordination Centre for Border Control, Immigration and Asylum, Situational Picture in the Eastern Aegean 31.12.2022, 1 January 2023, available in Greek at: https://bit.ly/45kpuOq.