CIVICUS discusses Greece’s new migration and asylum policies with Minos Mouzourakis, a lawyer and Legal and Advocacy Officer with Refugee Support Aegean, a leading civil society organisation (CSO) that provides free legal aid to refugees and asylum seekers in Greece.

Greece’s new policies represent a dramatic escalation in criminalising migration. Authorities have introduced harsh prison sentences for rejected asylum seekers, suspended asylum rights for sea arrivals from Africa and launched an unprecedented attack on CSOs that defend migrants’ rights. These measures, which violate international law, risk setting a dangerous precedent in Europe.

What are Greece’s new migration restrictions and why are they concerning?

In early September, parliament passed a law punishing ‘illegal stay’ and ‘illegal entry’ with prison sentences of at least two years, without suspension. This means people arriving without documents can now be tried, convicted and sent directly to jail, even when they explain they came to seek asylum. The only way people can avoid prison is to accept returning to the countries they fled – which for many is simply not an option. Courts are already applying this law, convicting people whose only reason for entering Greece was to seek protection.

Additionally, Greece has implemented a three-month suspension of the right to seek asylum for people arriving irregularly from North Africa, with immediate deportation to their country of origin or country they arrived from.

The government justified this by pointing to the increase in the number of people from Bangladesh, Egypt, Eritrea, South Sudan, Sudan and Yemen arriving from Libya and a lack of infrastructure on Crete and Gavdos – the islands where people disembark – to deal with them. Authorities also claim arrivals pose a threat to national and European Union (EU) security and are being orchestrated by organised networks.

The measure is still in force and there are discussions about extending it beyond October, which would entrench an already unlawful and deeply concerning policy.

For the government, migrants and refugees have no right to be in Greece. These measures build upon each other and may be followed by further restrictions. They set a dangerous precedent. Similar bans have been attempted in other European countries, and the lack of a strong EU response risks encouraging more governments to adopt such unlawful and harmful policies.

What have been the consequences of these measures so far?

In practice, these policies have led to mass detentions. Since mid-July, over 2,000 people arriving from Libya have been denied access to asylum procedures and placed in overcrowded detention facilities. They face automatic return orders to either their countries of origin or Libya, without any assessment of the dangers they fled or the risks they would face if sent back.

This violates Greece’s obligations under national, EU and international law that protect the human right to seek asylum. These are people forced to flee with no option but to arrive irregularly. It also violates the principle of non-refoulement, which prohibits the return of people to places where they risk torture, persecution or death.

Despite this, many still try to apply for asylum, making it clear they want protection in Greece. But when they submit their applications, often in writing from inside a detention centre, they are disregarded. The Greek Asylum Service simply cites the new law and does not register their case.

What conditions do people face in detention?

Conditions are extremely harsh. People are held in overcrowded facilities without air conditioning, electricity or running water. They have little access to food, medical care or clothing, and many are still wearing the same clothes they travelled in weeks after arrival. This makes their stay unbearable, particularly as detention is prolonged.

A major issue is the lack of interpretation. People can’t communicate their basic needs to the authorities and, what’s worse, are being served detention and deportation orders they don’t understand. We’ve seen cases where people signed documents confirming they had received return decisions to countries such as Sudan, without any interpreter explaining what they were signing. This has serious legal consequences, as return orders immediately take effect, leaving hundreds of people classified as deportable at any moment.

There’s also a critical gap in access to legal aid. Although EU standards require free legal assistance for anyone facing deportation, Greece has never complied with this obligation. People are served deportation orders without the ability to challenge them. CSOs like ours do what we can to help them, but our capacity is very limited and we can only assist a small number of people.

How do you support migrants and asylum seekers?

Our main goal is to provide free legal assistance to people seeking protection. We work closely with other CSOs to support as many people as possible. We explain to people why they are being detained and inform them of their rights. We help them claim asylum and challenge decisions against them.

We’ve brought the asylum ban before Greek and international courts. Domestic courts have temporarily suspended deportations to countries such as Sudan and Yemen, and in August the European Court of Human Rights issued two interim orders halting deportations to Eritrea and Sudan until access to asylum is granted.

We’ve also taken system-level action and filed a complaint with the European Commission, urging it to launch infringement proceedings against Greece for breaching EU law. While we don’t expect a quick response, it is crucial to put the Commission on formal notice.

We have also raised concerns about the use of EU funds to convert reception facilities into detention centres, and about the role of EU agencies such as the EU Asylum Agency and Frontex in implementing these unlawful policies. If they are involved, their responsibility must be addressed.

What repercussions have you faced for defending migrants’ rights?

We are witnessing an escalating crackdown on civil society. After the European Court of Human Rights blocked deportations, government officials, including the Minister of Migration and Asylum, openly attacked the CSOs involved, including ours. They announced plans to audit and deregister organisations that inform migrants of their rights or challenge detention decisions.

Such statements are extremely dangerous: they contest the rights of people to go to court and the rights of lawyers and organisations to defend them. The government believes a segment of the population should not be allowed to complain if the state takes decisions against them.

This has drawn concern from the Council of Europe, the United Nations Refugee Agency and bar associations. But unless there is a strong political response, this unprecedented attack on the role of lawyers and civil society will exacerbate the rule of law crisis. This goes beyond migration; it touches the foundations of the legal system, the right to a lawyer and the right to a remedy.

What is happening in Greece challenges the basic principles of refugee protection and the European legal order. It shows how fragile the balance between EU institutions and member states is and raises serious questions about the EU’s ability to act when governments undermine its core values.