For the latest measure to successfully pass the
Convention test, first the detention conditions
must improve and be brought in line with
international standards. This by itself would
require significant financial investment – way
beyond the current budget. Even then, however,
Greece would still be in violation of the
Convention, because it would fail to meet the
rest of the requirements that the Court has set.
Greece therefore will be acting in violation also
on this ground.
“regularise” a detention that would otherwise
find no support under the Greek law 17. Thus,
Greece's very recent past in using detention as a
main policy tool and trying to exceed the legal
time-limits is a lesson to avoid, especially since
there is little evidence that the previous policy
discouraged migrants from entering the
country18. On the other hand, its illegality added
substantial political and financial costs for
Greece.
The first conviction by the European Court of
Human Rights led Greece to pay a symbolic sum
of 5000 euros to the victim19. Four more
convictions led to a total of 48,000 euros in
compensations,20 while more applications kept
on arriving. In terms of political costs, Greece
was the first State to be publicly condemned by
the Committee for the Prevention of Torture for
the ways it treated irregular migrants21 and was
obliged to put an end to this migration control
policy under the watchful eye of the Council of
Europe22. Limited funds and absence of adequate
Assessing the Cost and the Benefits
Even though Greece has an undeniable sovereign
right to control the number of aliens who enter
and stay in its territory, it is also subject to its
obligations under national, European and
international law. Policy choices that are in
violation of those obligations are not beneficial,
because once their arbitrariness is judicially
established their financial and political costs are
higher than any initial short-term benefits.
Until four years ago, migrants could be detained
for the purpose of removal for up to three (3)
months, while more specific provisions limited
the use of detention to particular circumstances
where deportation was feasible16. In practice
however, police authorities systematically
detained all arrested migrants and exceeded the
time-limit, by issuing consecutively more than
one deportation decisions for the same migrant,
each one of which set into motion a separate
deportation and detention procedure. This
meant that a migrant who had just been released
because his removal was not feasible, could be
arrested on his/her way out of the detention
facility, served with a new deportation decision
and led back inside to serve another three
months – sometimes within less than one hour.
The arbitrariness of this practice was criticised
by the Greek Ombudsman for seeking to
17 See Greek Ombudsman, «Πόοιρμα: Διαδξυικέπ
Απξτάρειπ Απέλαρηπ», September 2006, available
at
http://www.synigoros.gr/resources/_porisma_apel
asi_21_01.pdf .
18 For arrests in the period 2006- 2013 see
http://www.astynomia.gr/images/stories//2014/st
atistics14/allod2014/statistics_all_2014_01_all&dia
_apo2006.JPG .
19 See ECtHR, John v. Greece, Appl. No 199/05,
Decision of 10 May 2007.
20 See ECtHR, S.D. v. Greece, Appl. No 53541/07,
Judgment of 11 September 2009; A.A. v. Greece,
Appl. no. 12186/08, Judgment of 22 July 2010;
Tabesh v. Greece, Appl. no. 8256/07, Judgment of
26 November 2009; Rahimi v. Greece, Appl. No.
8687/08, Judgment of 5 April 2011.
21 See Council of Europe Committee for the
Prevention of Torture and Inhuman or Degrading
Treatment, “Public Statement concerning Greece”,
15 March 2011, available at
http://www.cpt.coe.int/documents/grc/2011-10inf-eng.htm
22 See Council of Europe, Committee of Ministers
Adopted by the Committee of Ministers on 6
December 2012 at the 1157th Meeting of the
Ministers‟ Deputies, “Resolution
CM/ResDH(2012)183, Mohd and John
16 See law No 2910/2001, Art. 44 par. 3; see also
Law No 3772/2009 Art. 48 that entered into force
on 8 July 2009 raising the limit to 6 months.
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