Tag Archive for 'GCR'

Athens court rules more than 18 months detention of migrants is illegal!

The appeal against detention that was brought to court by the Greek Council for Refugees is of broader significance as it was the first case of its kind against the “endless detention duration. The decision 2255/23.5.2014 says that the endless detention defined as measure of compulsory stay in a detention centre by the states Legal Council Opinion 44/2014 is not according to law.

It states:

“it is not founded on any legislative provision”
“the compulsory measure imposed on the affected person is actually a continuation of his detention”

The case affects an Afghan refugee who was detained until May 5th 2014 a total of 18 months. Three days before that date (not even three months before as the Councils Opinion had defined) he received a documented informing him that his detention would be continued until he would “cooperate” to his “voluntary” deportation. The court decision was ruled on May 23rd and the refugee was released.

koutitispandoras (in greek)
efimerida ton syndakton (in greek)

GCR Press Release (in greek)

Communication from the Greek Council for Refugees (28/04/2014) in the case of M.S.S. against Belgium and Greece and reply from Greece (06/05/2014)

read communication and answer here (in english)

ECRE, GCR and ATIMA urge European Commission to call for a immediate withdrawal of the decision on more than 18 months detention

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)

MDM and GCR 2014: report on Racist Violence in Greece

read the report here

The infomobile

... is like a “paper boat”. We chose this as a metaphor for what we want to create and for the situation of refugees and migrants in Greece. The paper boat is a folded boat able to swim – for a while. Then you have to build a new one to go on travelling. A paper boat is symbolic for the journey of life, vulnerable but in your own hands and to be recreated again and again. It is simple, but it carries many hopes and dreams. It can dance on a turbulent sea. It belongs to everybody. And it might become the small version – like a first draft – of a welcome-space.

Get in touch

email: infomobile.w2eu@gmail.com

RSS Clandestina

  • Thessaloniki No Border Camp 2016
    Clandestina participates in the preparation of Thessaloniki 2016 No Border Camp. For more info and to read news on Migration & Struggle in Greece, visit: http://noborder2016.espivblogs.net

RSS Group of Lawyers – Athens

  • COMUNICATO STAMPA - Solidarietà al giornalista italiano Gabriele Del Grande
    Solidarietà al giornalista italiano Gabriele Del Grande  Il 9 aprile 2017 le autorità turche hanno arrestato illegalmente e senza alcun motivo il giornalista italiano Gabriele Del Grande nella città turca di Hatay, dove stava svolgendo un’inchiesta per il suo nuovo libro “Un partigiano mi disse”. È evidente che l’attività giornalistica del 35enne Gabriele Del Grande, […]

RSS the border is the problem