FORGOTTEN
Administratively detained irregular migrants and asylum seekers
this, on 13/11/2015 he was referred again to Dromokaiteio
Psychiatric Hospital and finally, on 15/11/2015, he was released
with a 6-month postponement of removal without being
referred to a facility that would be appropriate for his situation.
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Sudanese citizen A.M., despite having a serious health problem,
was held from 14/10/2015 until 15/06/2016, when released
under Art. 46 of Law 4375/2016, which provides that asylum
seekers may not be detained for more than three months.
Specifically, he suffered from dysregulated diabetes and he
was also in need of surgery for bladder hernia. Moreover,
he claimed that he was a victim of torture in his country of
origin and because of this he had been a beneficiary of the
program for the support of torture victims of Doctors Without
Borders (MSF) before his arrest. We would like to note that
we submitted a written report to the Aliens Sub-directorate
of Athens mentioning all of the above. The aforementioned
person has appealed against the revocation of his refugee
status30 but has been detained on grounds of public order
despite the suspension of judicial expulsion and his having
served his sentence (he was released in 2013). We also note
that he could not be deported, as the revocation of refugee
status did not negate the danger that he would face if he was
forced to return to his country of origin as the grounds on
which he has been granted the refugee status were still valid.
Tunisian national O.F. was released on 20/10/2015 as the 15-month
prison sentence imposed on him was suspended for three years
on the condition that he would attend a rehabilitation program.
However, when the aforementioned person was released, the
police authorities issued a detention order as well as a return
decision on 06/11/2015, whereas on 06/02/2015 they decided
to prolong his detention instead of releasing him and letting him
join a rehabilitation program as set by the judicial authorities. It
should also be noted that his subsequent asylum application had
been rejected but the Appeals Committee referred him to the
Ministry of Interior in order to apply for a residence permit on
humanitarian grounds, which he did on 11/02/2016. Finally, we
note that this particular detainee was suffering from hepatitis C
and was HIV positive. He was released on 05/03/2016.
30 With the support of the Greek Council for Refugees
53
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