Tag Archive for 'detention'
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A declaration by the Group of lawyers for the rights of migrants and refugees regarding the recent Opinion of the Legal Council of the State, in Greece, by which the detention of the aliens, whom are under deportation to their county of origin, could be extended until the alien is removed from the country.
The recent No 44/2014 Opinion of the Legal Council of the State, by which it was granted that the detention of the aliens, whom are under deportation to their county of origin, could be extended, by imposing on them the measure of mandatory stay in a detention area until the alien is removed from the country, is unfortunately a legal diversion that not only institutionalises the long-term detention of migrants under deportation, but also holds the migrants indefinitely until the deportation is achieved. Continue reading ‘LAWYERS’ GROUP ANNOUNCEMENT / Greece: A legal diversion’
Nikos Dendias’ decision is a ‘clear violation’ of EU directives, organisations assisting refugees say
Two migrants have already been told that if they don’t agree to their ‘voluntary’ return by an 18-month deadline, the will remain in detention until they do
(comment by infomobile: any more than two migrants have already received this paper!!!)
Author: Damian Mac Con Uladh in ENET (in english)
The public order minister has been urged to “immediately withdraw” a decision he signed in February that empowers the authorities to prolong the detention of migrants indefinitely, beyond the 18-month limit set down in European Union directives, if they don’t agree to their “voluntary departure” from Greece.
Continue reading ‘Minister urged to stop detention of migrants beyond 18 months’
On 20 March 2014, Legal Opinion 44/2014 of the State Legal Council of 11 February 2014 was published, which concerns persons who are already in detention on the basis of a return order, and whose removal cannot be carried out because of their lack of cooperation. The Legal Opinion allows for those persons to be asked, shortly before the expiry of the maximum period of 18 months of detention, to depart voluntarily to the country of return. If the person fails to cooperate and there is a risk of absconding, the authorities can issue a new detention order without a specified time limit. Thus, the person will be required to stay in the detention centre until the moment he or she cooperates with his or her return.1 Although not public, a Ministerial Decision of 28 February 2014 seems to endorse the Legal Opinion as it is explicitly referred to in the first individual decisions applying such continued detention beyond 18 months (…)
Such practice, as well as the Ministerial decision, as far as it endorses the Legal Opinion is in clear violation of Article 15(6) of the EU Returns Directive as interpreted by the Court of Justice of the European Union (CJEU – C-357/09, PPU Said Shamilovich Kadzoev (Huchbarov)).
The Court’s ruling is clear and allows no exceptions to the maximum duration of detention for the purpose of removal under any circumstances. Any contrary interpretation, opinion or ministerial decision is a direct infringement of EU law and the national law transposing it. (…)
ECRE, GCR and Aitima strongly urge the Commission to raise these concerns with Greece; to call for the immediate withdrawal of the Ministerial Decision insofar as it endorses the illegal practice of detention beyond the maximum period of 18 months as well as any individual decisions taken in violation of the EU Return Directive; and launch an infringement procedure should no immediate action be taken by Greece to stop such breaches of EU law.
Read the whole letter to Cecilia Malmström here (in English)
Members of the antiracist initiative of Corinth report that they were not allowed to enter the detention centre as “the was an incident” on May 2nd. Shortly after police cars and fire brigades arrived at the place where a young man was threatening to throw himself from the roof of a building. It was the second time this man tried to commit suicide. He could be finally hindered from jumping after a long period. He was in a miserable state of health as he had also tried to cut his veins being full of blood al over his legs and arms.
Debate in the EU-Parliament on the increase of the detention period in Greece to more than 18 months
17.4.14 / 09:34:30 > 10:12:11 Parliamentary debate on the:
Prolongation of detention by Member States of illegally staying third-country nationals beyond the 18-month time limit in violation of the Return Directive
Janez Potočnik, Member of the Commission.
− Mr President, I would like to answer on behalf of my colleague, Cecilia Malmström, who is unfortunately not able to attend today’s session.
The Return Directive provides very clearly that, after 18 months, administrative detention must be stopped and only lesser measures, such as residence restrictions or regular reporting can be applied. In our recent communication on EU return policy, we noted that before the Return Directive was adopted the maximum length of detention varied significantly across Member States and in at least nine there was no upper ceiling on how long returnees could be detained.
The Return Directive has contributed to a convergence and overall to the reduction of maximum detention periods across the European Union. While the legal time limits for detention have increased in eight Member States, they have decreased in 12 Member States. All Member States, including Greece, now have legislation in force which respects the maximum periods provided by the directive. The only exception is the United Kingdom, which decided not to opt into the Return Directive and which still allows unlimited detention.
Continue reading ‘Debate in the EU-Parliament on the increase of the detention period in Greece to more than 18 months’
15 April 2014
UNHCR is following with great concern the developments in the policy and practice of administrative detention for foreign nationals for whom a return order was issued. A decision was taken recently resulting in extending detention beyond the maximum period allowed by the European Return Directive (18 months). This is likely to have a direct impact also on persons under UNHCR’s mandate, particularly on persons seeking international protection.
Inside pre-removal centres and other police detention facilities, where foreign nationals are detained with a view to be deported, there are also asylum seekers, some of whom are eventually recognized as refugees. There are also foreign nationals that, according to the authorities, cannot be forcibly returned, such as Somalis and Eritreans. The detention of these persons, pending removal, is unfounded when the return is not possible.
Continue reading ‘UNHCR asks the Greek Government to review the measure for prolonged administrative detention’
BRUSSELS – Private security firms are bidding to guard EU-funded migrant detention centres in Greece amid a report by Medecins Sans Frontiers (MSF), which says poor conditions in some of the facilities are causing disease.
Greek authorities received EU money to refurbish and renovate Fylakio Oresteiadas, a pre-removal detention centre located in a remote area near the Turkish border.
Greece now wants to outsource its security, along with two other pre-removal centres in Corinth and Paranesti Dramas, to a private security firm for €14 million a year.
Continue reading ‘Private security firms bid on Greek asylum centres’
Source: Global Detention Project
Introduction
Greece has been ground zero in Europe’s efforts to halt irregular migration for several years. At the same time, the country’s economic crisis has exasperated social divisions leading to increasing violence and hostility directed at foreigners.
With massive financial and operational assistance provided by the European Union, Greece has confronted migratory pressures by emphasizing interdiction, detention, and removal. A 2013 Council of Europe’s Parliamentary Assembly (PACE) report summarized: “Greece has focused on reinforcing its external borders and started a policy which relies too heavily on detention. Despite the Greek authorities’ determination to improve the asylum system and detention conditions, which in many instances remain deplorable, much still needs to be done” (PACE 2013). Continue reading ‘Global Detention Project: Detention Profile Greece – updated 2014!’
Protests in the big detention centres after declaration of an extension of the detention duration to more than 18 months
Today the authorities of the mass detention centres in Drama/ Parenesti, Komotini, Corinth and Xanthi informed the detained sans-papiers that they might stay even longer than 18 months, up to 24 months, or 36 or for an endless period if they do not co-operate with the authorities according to a new rule. In fact co-operation means here “voluntary return”. The only alternative is an asylum application.
It has to be noted though that according to the European Directive 18 months are the maximum period for administrative detention and this only if the deportation is feasible. Nevertheless, the greek authorities detain many people belonging to nationalities that can not be deported, such as Afghans, Eritreans, Somalis and even people from Syria.
copyright: Ta NEA 2013
The detainees in the so called pre-removal centres that opened with the initiation of Xenios Dias police raid in beginning of August 2012 have been already psychology broken by getting every three months the information of their prolongued detention for another 3 or 6 months. The limit of 18 months seemed already so far but at least gave a hope to an end of their imprisonment. Today the shocking information of even more time behind the bars led to uprisings, self-injuries and hunger strikes.
Yet it will become clear in the next days if the threat of another extension of the detention duration will get real or not when the next detainees complete 18 months. Reportedly a few of them have already received detention decisions that with an extension of the maximum detention period of 18 months for another 6 months – even before they have completed 18 months.