FORGOTTEN
Administratively detained irregular migrants and asylum seekers
period, as the 3-month limit which is set out by law 3386/2005 (art.
6 par. 3), constitutes an absolute time limit that cannot be exceeded
due to technical or other problems”.
• “However, the case is different when the return of the
third-country national is possible but the 3-month limit has
elapsed. In this case, the arrest as well as the detention of
the third-country national is possible without any further legal
requirement but only for a very limited period of time. More
specifically, this time limit can be justified mutatis mutandis by
article 6 of the Constitution, which states that the detention
of a person without the issuing of an arrest warrant is possible
for a maximum of 4 days. This time limit could be prolonged
(always in proportion with the above mentioned provision) for
2 days only for reasons of force majeure and after the issuing
of a specifically justified decision by the competent police
commissioner”34.
Finally, the jurisprudence of the Administrative Courts is in line
with the above. We refer to the indicative decision 461 / 02.12.14
Administrative Court of First Instance of Corinth whereby:
“If the third-country national has been detained for the
maximum period of 18 months and the removal procedure has not
yet been completed, i.e. the return decision in the light of which
the person had been held has not yet been enforced and therefore
s/he has been released, his/her re-detention may not exceed the
maximum time limit of 18 months for the purpose of enforcement
of a previous unexecuted return decision or of a new decision issued
based on the same data except when an imminent removal from the
country is ensured, in which case he/she can be held but only for
a very limited period of time. Otherwise, there is a violation of the
aforementioned provision, regarding the maximum time limit of 18
months and therefore, the detention is not legitimate. (cf.. ECHR D.J.
in Greece 10.5.2007)”.
ii. Findings
Nonetheless, during our visits we noted that the police authorities
are enforcing the detention measure, despite the previous ineffective
detention.
34 Ibid
56
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