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Thodoris Chondrogiannos 13 • 05 • 2025

RSA: Arbitrary Administrative Detention and Inadequate Living Conditions for Refugees

Thodoris Chondrogiannos
RSA: Arbitrary Administrative Detention and Inadequate Living Conditions for Refugees
13 • 05 • 2025

On 12 May 2025, Refugee Support Aegean (RSA) published a detailed report presenting statistical data on the administrative detention of refugees in Greece, which “confirm, for yet another year, the continuation of the arbitrary practice of imposing deportation and administrative detention on refugees and migrants”. The organisation also highlighted “persistent shortcomings in the provision of medical and pharmaceutical care to people held in administrative detention”. The data raise concerns regarding violations by the Greek authorities of EU and international law governing the rights of refugees in Greece.

On 12 May 2025, Refugee Support Aegean (RSA) published a detailed report presenting statistical data on the administrative detention of refugees in Greece, which they note confirms, for yet another year, the continuation of the arbitrary practice of imposing deportation and administrative detention on refugees and migrants, in a systematic manner, including to countries to which returns are neither permitted nor feasible in practice, such as Syria and Afghanistan.

RSA noted, with regard to the use of administrative detention and its legality: “The number of administrative detention orders issued by the Hellenic Police in 2024 reached 29,233. Official data for 2024 indicate that pre-removal detention continues to be systematically imposed in procedures for removal from Greek territory, rather than as an exceptional measure, as required under international, EU and national law. Detention was imposed in 99.5% of cases involving deportation orders, while in return procedures under Law 3907/2011 the corresponding figure stood at 61.4%. The main nationalities of persons placed in administrative detention in 2024 were Afghan (7,012) and Syrian (5,724), raising serious concerns as to the legality and justification of the deprivation of their liberty.” They went on to point out that, “one of the necessary conditions for imposing pre-removal detention is the existence of a prospect of removal from Greek territory. However, in the case of people from countries such as Afghanistan, Syria, Eritrea, Palestine, Yemen or Sudan, pre-removal detention was imposed despite there being no prospect of their removal either to their country of origin or to Türkiye. We note that the rates of positive decisions by the Asylum Service remain exceptionally high, exceeding 99% for many of the countries listed above,” RSA pointed out, further noting that “42.2% of the [4,130] objections to detention that were examined on their merits by the administrative courts of first instance in 2024 were upheld.”

RSA also referred in its analysis to, “persistent shortcomings in the provision of medical and pharmaceutical care to people held in administrative detention”, noting that “the data indicate, for example, that there was no doctor at the Xanthi facility, where almost 200 people were being detained, while in Paranesti (Drama) there was one doctor for almost 300 people”.

The above data raise serious concerns regarding the Greek authorities’ failure to comply with the country’s international obligations concerning the reception, care and dignified living conditions of refugees. More specifically, the 1951 Convention Relating to the Status of Refugees (Geneva Convention), in recognising the right to asylum, guarantees a range of rights to refugees in their country of residence, including the right to movable and immovable property (Article 13), the right of association (Article 15), the right of access to the courts (Article 16), the right to work (Articles 17-19), the right to welfare (Article 20), housing (Article 21) and public education (Article 22), as well as freedom of movement (Article 26). The Geneva Convention also prohibits the expulsion or refoulement of refugees (Article 33).

Where is the problem with the rule of law?

In a state governed by the rule of law, the authorities are required to respect the rights of refugees throughout the reception and care process.

However, the data in the case under consideration raise concerns regarding violations by the Greek authorities of EU and international law concerning the rights of refugees, despite these rights being protected under the Geneva Convention.

Thodoris Chondrogiannos
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