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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