DH-DD(2020)929: Rules 9.2 and 9.6 Communication from an NGO in S.D. v. Greece and reply from the authorities.
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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:
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