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. Introduction 1. Further to the Action Report presented to the Committee of Ministers of the Council of Europe by the Greek government on 2 October 2020 concerning the implementation of the judgments of the European Court of Human Rights (ECtHR) in the S.D. v. Greece group of cases,1 noting that “the general measures taken remedy the violation found by the Court” and calling for supervision of the S.D. group to be concluded, Refugee Support Aegean (RSA) & Stiftung PRO ASYL wish to submit, pursuant to Rule 9.2. of the Rules of the Committee of Ministers of the Council of Europe, relevant, up-to-date information pointing to the need for continuation of supervision of the Greek State’s compliance with the aforementioned group of cases. 2. RSA is a non-profit organisation focusing on: strategic litigation in support of refugees; monitoring human rights violations; and the provision of legal, social and humanitarian support in individual cases. RSA is an implementing partner of the PRO ASYL litigation project “Refugee Support Program Aegean” (RSPA). This submission draws upon information obtained inter alia through cases represented by RSA before administrative authorities and courts at domestic and European level, as well as research in Reception and Identification Centres (RIC) and asylum procedures at borders, islands and on mainland Greece. Arbitrary detention of asylum seekers 3. RSA & Stiftung PRO ASYL submit that a significant change in circumstances has occurred since the decision of the Committee to close the supervision of compliance with Article 5(1) of the Convention, due to recent legislative reforms broadening the scope of asylum and pre-removal detention, and to the increasingly systematic use of pre-removal detention against asylum seekers in practice since the last examination of the S.D. group of cases by the Committee.2 Wider scope for immigration detention in legislative reforms 4. RSA & Stiftung PRO ASYL recall the Court’s finding in S.D. and related cases that Greece has enacted legislation, not least in transposition of European Union (EU) law in force,3 to establish the right of asylum seekers to remain on its national territory pending the outcome of the asylum procedure 4 and the permissible grounds for their detention.5 Standards set by domestic legislation are relevant to the assessment of compliance with Article 5(1) of the Convention.6 5. However, legislative reforms taking place in November 2019 and May 2020 have had substantial adverse effects on compliance with the requirements of Article 5(1) of the Convention, insofar as they have significantly increased the scope for detention as regards both asylum seekers and persons facing deportation. 1 2 3 4 5 6 ECtHR, S.D. v. Greece, App No 53541/07, 11 June 2009. Council of Europe Committee of Ministers, 1265th meeting (20-21 September 2016) – Decisions, point 2, https://bit.ly/3jM0fwr. Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast) [2013] OJ L180/60; Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast) [2013] OJ L180/96. Article 68(1) L 4636/2019 (hereafter “International Protection Act, IPA”), formerly Article 37(1) L 4375/2016. Article 46(2)-(3) IPA, formerly Article 46(2) L 4375/2016. ECtHR, S.D. v. Greece, para 65; Ahmade v. Greece, App No 50520/09, 25 September 2012, paras 142-144; R.U. v. Greece, App No 2237/08, 7 June 2011, paras 88-96. See also Suso Musa v. Malta, App No 42337/12, 23 July 2013, para 97. RSA COMMENTS │ 2020 DGI 20 OCT. 2020 SERVICE DE L’EXECUTION DES ARRETS DE LA CEDH 1