Greece-Malakasa (photo by globaldetentionproject.org).jpeg

*Greece-Malakasa (photo by globaldetentionproject.org)

 

When can a person be detained?

According to Greek law, you might be detained:

  • If you do not have valid documents, you may be detained and potentially returned to your country of origin. This can happen if you have never applied for asylum, applied for a residence permit, or if the authorities have rejected your application. After submitting an asylum application - whether you do so while free or already in detention - you may also be detained for reasons outlined in the law. These reasons can include verifying your identity, nationality, or origin or if the authorities believe you pose a threat to national security or public order.
  • When you arrive in Greece, you will be restricted to submitting to Reception and Identification Procedures, which shouldn't exceed 25 days.

Check our relevant article here for more information.

In case of detention, authorities must give you a written decision explaining why the detention is necessary. You have the right to ask the authorities to translate the decision for you to understand. 

 

If the authorities determine that your detention is unnecessary, they may release you by issuing a return decision, requiring you to voluntarily leave the country within the timeframe stated in the written decision provided to you. This typically applies if you have not applied for asylum at this stage. The return decision may offer a voluntary departure period of 7 to 30 days, which can be extended for up to 120 days based on individual circumstances, such as the length of your stay in Greece, the presence of children in school, and other family or social ties.

 

After the voluntary departure deadline expires, you risk being arrested and detained again unless you obtain legal documents. For example, if you apply for asylum in the meantime, you are generally protected from deportation while your asylum claim is being processed, except in certain cases specified by law, which may require additional actions.

 

For more information, please check our relevant article here.

Remember that you have the right to apply for asylum while in detention. Please read below.

How long can I be detained?

The law prescribes the maximum time of detention. Detention beyond that period is not lawful.

  • When you are detained in view of deportation (you have not applied for asylum), you can be held for up to 6 months. This period might be extended up to 18 months.
  • Following the lodging of an asylum application, regardless of whether you submit it at liberty or while in detention, you might be detained for an initial period of 50 days (counting from the day of the registration of the application), which might be extended up to 50 days with a maximum limit of 18 months.

Please note that the period of detention in view of deportation (before applying for asylum) is not calculated in the total period of detention. That means a person applying for asylum while in detention might be detained for a prolonged period.

Where can I be detained?

In Greece, the pre-removal Detention Centers are located in the following areas:

  • Petrou Ralli (Tavros)
  • Amygdaleza
  • Korinthos
  • Paranesti, Drama
  • Xanthi
  • Evros (Fylakio)
  • Samos
  • Kos

Depending on where you have been arrested and if it is your first arrest after crossing the borders, you might also be detained in the Closed Control Access Centers in Lesvos, Chios, Samos, Kos and Leros islands.

Persons applying for asylum at the Reception Centers of Malakasa and Diavata might also be restricted in these premises for a maximum of 25 days to undergo reception and identification procedures and have their asylum claim examined by the authorities.

You might also be detained in police stations and other police offices throughout the country.

Can I challenge my detention?

Regardless of your legal status -if you are undocumented, detained in view of deportation, or if you are an asylum seeker- you can challenge the detention decision by submitting written objections to the Police within 48 hours after your arrest. If the objections submitted within 48 hours are not accepted, or if you haven’t submitted objections before the Police, you have the right to submit objections before the Administrative court of the place of detention.

For your objections to have better chances to succeed, you should prove that you have bonds with Greece and that you will not flee if released.

It is more likely not to be considered as a suspect of absconding if:

  • You have a stable residence in Greece.
  • You are working.
  • You can prove your identity.
  • You have family and especially children going to school in Greece.
  • Vulnerability criteria should also be taken into consideration (disability, mental health issues, pregnancy, victim of torture, victim of violence, victim of trafficking etc).

The grounds for objections must be proven by documents such as the following:

  • House contract or a solemn declaration of a third person -holding a house contract- that they will host you when released.
  • Proof of identity (identity card or passport).
  • A solemn declaration of your employer -please note that a person without legal documents cannot work legally, so it is likely that your employer will avoid giving such a declaration, fearing possible legal consequences. In that case, an employer could provide a solemn declaration stating that they are willing to hire you in the future as soon as you are released.
  • Certificates of school attendance for your children, birth certificates in Greece, and family status certificates.
  • Documents prove that you have resided in Greece for a long time, and you might issue legal documents, for example, when you can provide proof of a seven-year stay in Greece.
  • Medical documents, psychosocial reports, etc.

Please consider the following before you proceed:

  • If you are accused of having committed a crime, you shall explain why you do not constitute a threat to public order (e.g. in case of a no-severe crime or of Mitigating circumstances).
  • If you are a minor but have been registered as an adult, you should provide documents proving your age if you have any (identity card, passport, birth certificate) and inform the Police and every responsible person in the detention facility (Asylum Service, doctor, social worker). If you have no documents proving your age, an age assessment process may be ordered.
  • If the objections are accepted, you will be released, and you will either be given a police note that will state a deadline to leave the country voluntarily or a deadline within which you are supposed to present yourself to the competent Asylum Office to obtain your documentation as an asylum applicant, in case you applied for asylum while in detention.

You also have the right to submit an appeal within a deadline of 5 days upon issuing the deportation decision before the Police. If the appeal is rejected, the person has the right to submit an annulment application for the relevant decision before the administrative court within a deadline of 60 days. Please also check our relevant article regarding Deportation and Readmission.

Please note that detention should end when a deportation order cannot be executed. Deportation is forbidden in the following cases:

  • You are a minor attending Greek school, or your parents or guardians reside legally in Greece
  • You are the parent and have the custody of a Greek minor.
  • You are over 80 years of age.
  • You have been granted refugee status, or there is no final decision on your asylum application, though there are exemptions.
  • You are a minor who has been imposed reformative measures by the juvenile court.
  • You are a witness or the victim of a hate crime.
  • You are pregnant or have given birth during the previous 6 months.
  • You presented yourself to the authorities to report that you have been the victim of domestic violence.
  • If you are forced to return to your country of origin or a third country, there is a real risk that you will face torture, inhuman or degrading treatment, or punishment.  

In some of the aforementioned cases, you could be deported if considered dangerous for public order or national security.

What are my rights as a detainee?

During your detention, you have the following rights:

  • To be informed in writing of the reasons why you are detained. You have the right to ask the Police to translate/explain the decision's critical point in a language you understand.
  • To be visited by relatives and your lawyer. Friends can bring any clothes or money you need and give them to the police to hand them to you.
  • To consult a lawyer and have legal assistance.
  • To have access to telephone
  • To have access to medical services and ask for a doctor.
  • To have daily access to a courtyard area
  • To have your own separate bed, free personal hygiene items (shampoo, toothpaste, sanitary towels) and clean sheets and blankets
  • If you are a woman, you are to be held separately from any men unless they are your family members and you consent to be together.
  • To be treated with respect. Ill-treatment of detainees, as well as any behaviour or act of racism, discrimination, or xenophobia, is forbidden by law.
  • You have the right to report to the Ombudsman your detention conditions, possible ill-treatment and/or racist behaviour. The Ombudsman is an independent authority that will investigate your report. You can submit your report on your own at the Ombudsman’s offices (17 Halkokondyli Street, Postal Code 104 32 Athens) following your release from detention or through the online form via post at the address 17 Halkokondyli Street, Postal Code 10432 Athens or via fax at (+30) 213 1306 800 or (+30) 210 7292 129.

For more information you can check the guide of the Organization Greek Council for Refugees:

🔗ENGLISH - Know your rights in immigration detention

🔗FRENCH - Vos droits pendant la rétention administrative

🔗ARABIC - حقوقك أثناء االحتجاز

🔗FARSI - حقوق شما در جریان توقیف

🔗URDU - حراست کے دوران آپ کے حقوق

Can I have legal support?

It is advised to seek legal assistance as soon as possible! You have the right to consult a lawyer at your own expense anytime during your detention. There are also some Non-Governmental Organizations that provide services for free, but usually, their capacity is limited. You can send us a message to give you more details and provide information on legal aid organizations in Greece.

Please note that if you received a first-instance decision rejecting your asylum application, you can request a lawyer free of charge to submit an appeal. Having a lawyer throughout this procedure is very important, so request the Asylum Service to provide you with a lawyer. If you submit an appeal on your own even though you requested a lawyer (maybe a lawyer was not appointed on time), ask the Asylum Service to mention that in your appeal. 

Can I apply for asylum while I am detained?

Yes, you have the right to apply for asylum while in detention (regardless of where you are being detained, e.g. police station or detention centre), and you can submit your application on your own.

To apply for asylum, you must inform the police or the detention or reception and identification authorities of your intention. The police are required to record your request and notify the Asylum Service. Detention authorities will similarly inform the Asylum Service of your desire to seek international protection, after which your application will be scheduled for registration. On the registration day, you will either be transferred to the nearest Regional Asylum Office or, if you are detained, registered by an Asylum Unit operating at your location or by the Reception and Identification Service.

The registration process will be conducted with the assistance of an interpreter in a language you understand. The Asylum Service or Reception and Identification Service staff should also provide you with all necessary information about the procedure. If you have documents proving your identity, such as a passport or other relevant documents, make sure to bring them. During the registration process, your photograph and fingerprints will be taken.

After registration, instead of receiving an International Protection Applicant Card, you will be issued a document stating your interview date.

  • When you express your intention to apply for asylum, you will generally be protected from deportation, except in specific cases as defined by law. For instance, if you receive a first-instance decision rejecting your application and submitting an appeal, you may not be protected from deportation. It's crucial that you seek additional information from the Asylum Service to understand your situation fully. For more details, please refer to the relevant article.
  • Even though the law foresees that the asylum application should be examined within the fast-track procedure (the examination should be completed within 20 days from the registration, and in case the first decision is negative and the applicant submits an appeal, the decision should be issued within 10 days), in practice there are delays, so if you apply for asylum while in detention, you may be detained for a prolonged period.
  • Applying for asylum does not mean that you will be released from detention. This depends on your case.

Find more about the Asylum process. 

It is very important to be well prepared for your interview, to explain in the best way possible what forced you to leave your country and the dangers you will face if you are returned to your country of origin or a third country. You have the right to ask for help from a lawyer to be prepared for the interview. Your lawyer can be present with you during your interview.

Note that if you are in Greece and your close family member lives legally in another European country, you may be able to join them. To do so, tell the authorities you want to apply for Family Reunification while registering your asylum application.

You can also visit the link of the Ministry of Migration and Asylum for Information on the Asylum Procedure for individuals detained or passing through a reception/identification procedure. 

To better understand your rights and other legal pathways you might be eligible for, it's important to explore your options. However, to know for sure if you meet the criteria, it's always recommended to consult with a lawyer who can guide you through the process.

If you have applied for asylum in the past, but your application has been rejected with a final decision, you have the right to submit a subsequent application if you have new elements to present to the authorities. 

Find more: About subsequent applications. 

If you leave in Greece for at least three years, you have a job offer and you meet the requirements set by the law, you might apply for a residence permit for work.

Find more: New type of Residence Permit for Work (3 years). 

If you have lived in Greece for at least seven years and have documents proving your stay, you might be eligible for a residence permit for exceptional reasons. Please note that if you have been an asylum seeker in the past, this time will not be counted.

Find more: Residence Permit for exceptional reasons.

If you have arrived in Greece as an unaccompanied child and completed three years of secondary education by the age of 23, you may also qualify for a residence.

Find more: 10-Year Residence Permit for Unaccompanied Minors.