FORGOTTEN
Administratively detained irregular migrants and asylum seekers
Division which in turn issues the detention and return order. The
police officer who issues these orders does not even meet or assess
individually the arrested person. Obviously, such a process results
in not identifying vulnerable individuals, including unaccompanied
minors, ill people, victims of torture and victims of trafficking. Also,
due to this process people in need of international protection or those
whose return would violate the principle of non-refoulement are not
identified.
b. Issuing and enforcement of the return decision and detention
for the purpose of return, when the return violates the principle
of non-refoulement
i. Legal Framework
According to article 20 of Law 3907/2011 the competent
authorities for carrying out return related tasks observe the principle
of non-refoulement and according to article 24 the removal is
obligatorily postponed when the principle of non-refoulement is
violated. In addition, under Article 78Α of Law 3386/2005 (inserted by
Article 18 of Law 4332/2015) no deportation decision is issued when
the conditions of the non-refoulement principle apply, as reflected in
article 3 of the Convention against Torture and other cruel, inhuman
or degrading treatment or punishment, ratified by Law 1782, 1988 (A’
116), in article 7 of International Covenant of Civil and Political Rights,
ratified by Law 2462/1997 (A’ 25), in articles 31 and 33 of the Geneva
Convention relating to the Status of refugees of 1951, ratified by
legislative decree 3989/1959 (A’ 201) and in article 3 of the European
Convention on Human Rights, ratified by legislative decree 53/1974
(Α’ 256). In this case, a non removal certificate for humanitarian
reasons is granted by the competent authority of article 76 par. 2
of Law 3386/2005, which entails for the holder the same rights and
obligations as the removal postponement certificate under article 24
of law 3907/2011.
ii. Findings
Given the aforementioned lack of first reception procedures and
individual assessment of each person arrested, the imminent issuing
of a removal postponement decision is based on the nationality of the
person, provided that he/she has documents proving the nationality.
Thus, nationals from Syria, Somalia, Eritrea, Myanmar, Mauritania and
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