FORGOTTEN
Administratively detained irregular migrants and asylum seekers
From the cases we investigated and we hereto present, it appeared
that, inter alia, forced returns are executed in violation of the principle
of non-refoulement and recognized refugees are detained for the
purpose of return.
Cases of detainees
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An Afghani national, J.M, originating from the province of
Maidan Wardak and member of the ethnic group of Hazara, was
detained for five months in the Pre-removal Detention Center
at Amygdaleza and then was forcibly returned in violation of
the principle of non-refoulement, as in Maidan Wardak province
members of the Hazara group face persecution by the nomadic
tribe Kutsi, as well as by the Taliban. The State cannot offer
protection, while internal relocation is impossible because of
the deteriorating security situation in Afghanistan and the
persistent discrimination against the Hazara ethnic minority. It
should be noted that two days before the forced return, our
organization informed the Aliens Attica Sub-directorate for the
fact that any return procedure would violate the principle of
non-refoulement.
R.H., Irani national, was detained for half a month in the Athens
Airport Police Department and a return decision was issued
against him on 06/12/2015 and 12/12/2015, although he had
been granted refugee status in Greece. More specifically, as the
aforementioned person had been returned from Norway, there
had been previous correspondence between the Norwegian
and the Greek authorities and, therefore, his file included an
accompanying document of the Norwegian authorities, stating
that the person was readmitted to Greece because he was a
recognized refugee while mentioning the relevant decision of
the Asylum Service. We note that the second return decision
stated that the asylum application of the aforementioned
person had been rejected (!). Moreover, the police authorities
transferred the recognized refugee to the consular authorities
of his country –by which he is persecuted– in order for him to
be recognized as a citizen of Iran and be returned to his country.
After a written intervention of our organization, he was released
with a six-month removal postponement decision (!)
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