FORGOTTEN
Administratively detained irregular migrants and asylum seekers
Hellenic Police services may decide to detain an applicant concerned,
in exceptional cases and if they consider that no alternative measures
can be applied, when it is judged that the applicant is a danger to
national security or public order for reasons explained specifically in
the detention order. 4. The detention order is taken by the respective
Police Director and, in the cases of the General Police Directorates of
Attica and Salonica, by the competent Police Director for aliens issues
and shall include a complete and comprehensive reasoning. In cases
(a) and (c) of paragraph 2 of this Article, the detention order is taken
upon a proposal of the Head of the respective examination authority.
In case (b) the Head of the competent Regional Asylum Office or
the Director of the Appeals Authority is informed immediately,
who shall ensure for the prioritized examination of the application
or the appeal respectively. 5. Applicants are detained in detention
areas as provided in Article 31 of Law 3907/2011. 6. The detention
of applicants is imposed for the minimum necessary period of time
and may not, in principle, exceed three (3) months. If the applicant
is already detained, the total detention period, without prejudice to
the provisions of Article 30 of Law 3907/2011, may not exceed six (6)
months for case (c) of paragraph 2 and twelve (12) months for cases
(a) and (b) of paragraphs 2 and 3. In the last three cases, the detention
may be further extended for up to six (6) months, with a newer and
duly justified decision of the bodies of paragraph 4 regarding the
continuation of existence of the reasons that imposed it. The detention
of an applicant for international protection constitutes a ground for
accelerating the asylum procedure, taking into account the possible
lack of appropriate spaces and difficulties in ensuring decent living
conditions of the detainees. These difficulties shall also be considered
for the imposition or prolongation of detention».
Law 4375/2016 modified the maximum time limit for the detention
of asylum seekers. According to art. 46 par. 4 «a. The detention of
applicants is imposed for the minimum necessary period of time. Delays
in administrative procedures that cannot be attributed to the applicant do
not justify the continuation of the detention. b. The detention of applicants
for the reasons of the cases (a), (b) and (c) may last only 45 days and can be
extended for another 45 days if the Asylum Service does not withdraw its
recommendation for detention (par. 3) c. The detention of applicants for
the reasons of cases (d) and (e) of par. 2, may not exceed three (3) months.
d. Regardless of the completion of the above-mentioned limits of cases (b)
and (c), the total detention period may under no circumstances exceed the
limits given in article 30 of Law 3907/2011».
76
Επιλογή στοχευμένης παραγράφου3
Σύνδεση με παράγραφο
Σύνδεση με οντότητα
Απενεργοποίηση επισημάνσεων
Προσθήκη στον πίνακα περιεχομένων