A/HRC/45/16/Add.1 18. More specifically, article 46 (2) introduces the possibility of detention even for applicants who have not been in detention in view of return and deportation procedures before becoming asylum seekers. Previous legislation provided that a detention order may be issued only upon the recommendation of the Asylum Service, unless detention is ordered on the basis that the applicant constitutes a danger for national security or public order. 2 However, article 46 (4) of the new law provides that the Asylum Service is merely informed about the detention order, which is now issued by the competent police director in all cases without the prior requirement for a recommendation by the Asylum Service. 19. Article 46 (5) (b) of the new law removes the automatic judicial review of initial detention orders and retains the remedy only for the prolongation of detention orders. Article 46 also provides for an increase in the maximum initial detention period for which asylum seekers may be held, from 45 to 50 days. The same change applies to orders to extend the initial period of detention. It also extends the total maximum detention period from 3 months to 18 months. Furthermore, the law explicitly provides that pre-removal and asylum detention is counted separately for the purposes of calculating the maximum detention period (art. 46 (5) (b)). 4. Laws concerning psychiatric institutions 20. Law No. 2071/1992 governs involuntary hospitalization in psychiatric institutions (arts. 96–99). This legislation provides that patients may be hospitalized involuntarily only when they have a psychiatric disorder and are incapable of taking decisions affecting their health, and when failure to hospitalize them would be detrimental to their state of health. Persons with a psychosocial condition may be hospitalized to prevent them from selfharming or harming others (ibid., art. 95). 21. A district prosecutor may authorize placement upon the request of a spouse, parent, relative or guardian and, in emergency cases, the placement procedure may be launched ex officio, to be supported by medical opinions from two psychiatrists. 3 22. Patients admitted on an involuntary basis have the right to be heard in person by the court during the placement or appeal (ibid., arts. 96 (6) and 97). Patients are entitled to legal assistance in placement proceedings. They may be represented by someone acting in their interests. 23. A reform of the law governing involuntary hospitalization was launched in late 2017 and is ongoing. III. Positive measures and initiatives A. Ratification of international human rights instruments 24. The Working Group welcomes the State’s ratification of the Optional Protocol to the Convention against Torture on 11 February 2014 and the designation of the Greek Ombudsman as the national preventive mechanism. Regular independent oversight over all places of deprivation of liberty has a significant role in reducing the incidence of arbitrary detention. The Working Group calls upon the national preventive mechanism to strengthen its efforts to visit in a more regular manner all places of deprivation of liberty. The Working Group also urges the Government to increase its efforts to engage constructively with the national preventive mechanism, especially on the implementation of its recommendations. 2 3 Law No. 4375/2016, article 46 (3). If a second psychiatrist’s opinion cannot be obtained, the second opinion may be supplied by a doctor with another related specialization (Law No. 2071/1992, art. 96). 5