DH-DD(2020)929: Rules 9.2 and 9.6 Communication from an NGO in S.D. v. Greece and reply from the authorities.
Document distributed under the sole responsibility of its author, without prejudice
to the legal or political position of the Committee of Ministers.
a) The issue of the “ex officio” judicial review of detention orders or orders
extending detention has never been examined by the Court and,
therefore, no relevant violation has been found.
b) Regarding the issue of the accessibility of the “objections” remedy,
which was raised recently (after 21.06.2019) in two cases, namely in
O.S.A and Others (39065/16) and in KAAK and Others v. Greece
(34215/16, it is noted that, the authorities will soon provide information
to the Committee about the measures taken or envisaged to address
the problem.
c) Regarding the issue of the effectiveness of the “objections” it is reminded
that the Court has repeatedly considered that “objections“ is in principle an
effective domestic remedy to challenge the lawfulness of administrative
detention of asylum seekers [M.D v. Greece (60622/11), final on
13.02.2015 § 65, O.S.A and Others v. Greece (39065/16, final on
21.06.2019 § 50), S.Z (66702/13), final on 21.09.2018, § 72]. In one
specific case, namely S.Z v. Greece the Court held that under the
circumstances of this case there had been shortcomings in the judicial
control of the lawfulness of detention of the applicant. Lastly, it is reminded
that the Committee at its last examination (September 2016) of the status
of execution of the judgments at issue considered that “Bearing in mind
that…the domestic remedy to review detention of asylum seekers and
irregular migrants is moving in the direction of safeguarding the rights of
the individuals involved, attention should be focused on the way judicial
control is carried out”.
It flows from the foregoing that the only identified problem in the framework of
execution of said judgments is the adoption of measures ensuring a) the
accessibility of the domestic remedy (‘objections”) through which the
lawfulness of detention orders is challenged and
b) that the competent
judicial authorities carry out in a Convention complying way the judicial control
of the lawfulness of detention orders pursued through the judicial remedy of
“objections” already found effective by the Court.
In conclusion the Greek authorities would like to assure the Committee of
Ministers of the Council of Europe that they are dedicating due attention to the
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