stubbornly 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 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.