LAWYERS’ GROUP ANNOUNCEMENT / Greece: A legal diversion

By momo

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.

According to the provisions of article 76 of the 3386/2005 Law, as it was amended in the summer of 2009 by the Minister of Public Order Dendia, and the subsequent provisions of article 30 of the 3907/2011 Law, an alien that is under the procedure of deportation to his/her country of origin could be detained for a maximum of 6 months. In exceptional cases the …read more

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