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.
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