Greece’s administrative detention practices: a critical analysis of compliance with EU Directives and International Human Rights Obligations

Abstract

The present dissertation examines the legislative framework governing the administrative detention of third-country nationals in Greece, clearly distinguishing judicial from administrative detention and highlighting the non-criminal nature of the latter, as well as the exceptional and temporary character of its application when the use of alternative measures is not feasible. Initially, the Greek legislative framework is presented in detail, with emphasis on Directive 2008/115/EC and its transposition into national law through Law 3907/2011. Through this presentation, we examine the principles of necessity and proportionality, the possibility of applying less onerous measures instead of detention, the maximum time limits of detention, which have undergone amendments through subsequent laws, as well as the guarantees of judicial review and the available legal remedies for the assessment of the lawfulness of the measure. The regulatory framework applicable to applicants for international protection is also presented, as it was shaped through Directives 2005/85/EC, 2013/32/EU and 2013/33/EU and their incorporation into the Greek legal order, with particular emphasis on the protection of vulnerable groups and on the finding that the practical implementation of detention often appears disproportionate in relation to the purposes envisaged. In addition, the institutional framework of the Reception and Identification Centers (RICs) is examined, where the practice of de facto detention is observed under the designation of “restriction of liberty”, as well as the conditions under which this practice may not constitute a violation of Article 3 ECHR. Within this context, an attempt is made to distinguish between police detention facilities, the Pre-Removal Detention Centers (PRΟ.ΚΕ.ΚΑ), and the restrictive measures applied in the RICs, analyzing the different legal nature and the specific guarantees governing each form of deprivation or restriction of liberty. The dissertation then examines especially the relevant case law of the European Court of Human Rights, focusing on decisions that establish violations of Article 3, Article 5, and Article 3 in conjunction with Article 13 ECHR. These decisions are correlated with the Greek case law of the period 2012–2020, which often applies the relevant protective provisions inadequately. Through this jurisprudential approach, long-standing problems are highlighted, such as prolonged detention, overcrowding, unhealthy and unsuitable detention conditions, lack of access to healthcare, as well as the detention of vulnerable groups under conditions that have been characterized as inhuman and degrading. Particular attention is given to the systemic deficiencies in judicial review (Article 5 § 4) and in the functioning of legal remedies (Article 13), elements which demonstrate a significant gap between formal compliance and substantive protection. Finally, the legislative framework concerning vulnerable groups is analyzed, with emphasis on the gender dimension of detention. Decisions of the ECtHR concerning the detention of pregnant women are examined, from which it emerges that the lack of special care for their situation leads to findings of violations of the relevant provisions of the ECHR. The dissertation concludes that, despite the formal harmonisation of the Greek legislative framework with EU and international law, practical implementation remains deficient, requiring substantial institutional guarantees for humane detention conditions, reinforcement of alternative measures, and effective protection of fundamental rights.