FORGOTTEN Administratively detained irregular migrants and asylum seekers ii. Findings Presently, a large number of administrative detainees are being held by the Hellenic Police on grounds of “public order”. We note that police authorities often invoke Article 76 par. 3 of Law no. 3386/2005, according to which, if the alien is considered, on the basis of the general circumstances, suspect for escape or dangerous for the public order or avoids or obstructs the preparation of his Removal or the procedure of his expulsion, his temporary detention is ordered, upon decision of the bodies referred to in the previous paragraph, until the issue, within three (3) days, of the decision regarding his deportation, in order to impose detention for public order reasons. Most of the persons detained on public order grounds, i.e. because they are considered dangerous, have been nevertheless released according to a decision of a judicial authority, which obviously, considered that these persons do not constitute a danger to the public order. Specifically, detainees on public order grounds include: • persons on whom a suspended sentence has been imposed • persons who have lodged an appeal which has suspensory effect • persons who have been conditionally released • persons who have served their sentences • persons on whom a judicial expulsion had been imposed but has been subsequently lifted. The Hellenic Police continues this practice despite the objections formulated by the Ombudsman on its legitimacy and the criticism of the civil society organizations. Besides the issues concerning the legitimacy of this practice, we should also note that: a. detention on public order grounds often exceeds a period of six months, despite the ministerial pronouncements of February 2015. 47

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