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

By momo

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 …read more

From: infomobile greece