FORGOTTEN Administratively detained irregular migrants and asylum seekers Division which in turn issues the detention and return order. The police officer who issues these orders does not even meet or assess individually the arrested person. Obviously, such a process results in not identifying vulnerable individuals, including unaccompanied minors, ill people, victims of torture and victims of trafficking. Also, due to this process people in need of international protection or those whose return would violate the principle of non-refoulement are not identified. b. Issuing and enforcement of the return decision and detention for the purpose of return, when the return violates the principle of non-refoulement i. Legal Framework According to article 20 of Law 3907/2011 the competent authorities for carrying out return related tasks observe the principle of non-refoulement and according to article 24 the removal is obligatorily postponed when the principle of non-refoulement is violated. In addition, under Article 78Α of Law 3386/2005 (inserted by Article 18 of Law 4332/2015) no deportation decision is issued when the conditions of the non-refoulement principle apply, as reflected in article 3 of the Convention against Torture and other cruel, inhuman or degrading treatment or punishment, ratified by Law 1782, 1988 (A’ 116), in article 7 of International Covenant of Civil and Political Rights, ratified by Law 2462/1997 (A’ 25), in articles 31 and 33 of the Geneva Convention relating to the Status of refugees of 1951, ratified by legislative decree 3989/1959 (A’ 201) and in article 3 of the European Convention on Human Rights, ratified by legislative decree 53/1974 (Α’ 256). In this case, a non removal certificate for humanitarian reasons is granted by the competent authority of article 76 par. 2 of Law 3386/2005, which entails for the holder the same rights and obligations as the removal postponement certificate under article 24 of law 3907/2011. ii. Findings Given the aforementioned lack of first reception procedures and individual assessment of each person arrested, the imminent issuing of a removal postponement decision is based on the nationality of the person, provided that he/she has documents proving the nationality. Thus, nationals from Syria, Somalia, Eritrea, Myanmar, Mauritania and 41

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