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 DGI to the legal or political position of the Committee of Ministers. 23 OCT. 2020 SERVICE DE L’EXECUTION DES ARRETS DE LA CEDH The Greek authorities’ observations on the rule 9.2 communication submitted on 20.102020 by RSA and Stiftung Pro Asyl concerning the execution of the S.D v. Greece (52541/07) group of cases On 20.10.2020 RSA and Stiftung Pro Asyl submitted to the Committee of Ministers a Rule 9.2 Communication concerning the adoption of general measures in the S.D v. Greece group of cases. In the above Communication the following submissions were made: 1) As regards the violation of Article 5 § 1, RSA and Stiftung Pro Asyl stated that following the closure of the case by the Committee, in connection with this violation, new legislation was promulgated “which have had adverse effects on compliance with the requirements of Article 5 § 1” 2) With regard to the judicial review of detention orders the submissions made by the above NGOs concern: a) the effectiveness of the ex officio review of detention orders, b) the accessibility - in terms of provision of relevant information and provision of legal aid -of the domestic remedy (“objections”) through which detention orders are challenged, c) the erroneous interpretation and implementation of the legislation regulating administrative detention for asylum seekers and irregular immigrants for whom expulsion orders are issued. In respect of the first part of the communication, namely the lawfulness of detention of asylum seekers the Greek authorities note that the Committee at its 1265th meeting (September 2016) considered that the necessary measures in response to the violation of Article 5 § 1 had been taken and decided to close its supervision of this issue; Furthermore, it is noted that the Court has never examined the compliance of the legislative amendments mentioned in the Communication with the Convention. In respect of the second part of the Communication the following are noted: