FORGOTTEN Administratively detained irregular migrants and asylum seekers from Korydallos prison, where he was detained, and issued a detention order which mentioned that he was considered a threat to public order as he had been previously recorded for infringement of certain articles of the Penal Code and of the Laws 3459/06 and 3386/05. We note that the aforementioned person is the father of two under-aged nationals, a fact that we brought to the attention of the police authorities. He was finally released on 16/06/2016. g. Irregular detention in view of submission to first reception procedures i. Legal Framework According to art. 121 par. 13 of Law 4249/2014 “the third and fourth subparagraphs of article 83 par. 2 of Law no. 3386/2005 are replaced as follows: “The Commander of the police or port authority shall, after preparing an arrest report, lead directly and deliver the third-country national to the competent administrative authority for first reception procedures in accordance with law 3907/2011”...”. According to art. 30 of Law 3907/2011 “Third-country nationals who are the subject of return procedures, in accordance with par. 1 of Article 21, are detained in order to prepare the return and carry out the removal process only in the case when other adequate and less restrictive measures, such as those provided in par. 3 of Article 22, cannot be applied effectively. The measure of detention is applied when: a) there is a risk of absconding or b) the third-country national concerned avoids or hampers the preparation of return or the removal process or c) there are reasons of national security. Detention is imposed and maintained for the minimum time period necessary for the preparation of the removal process, which is developed and executed with due diligence. In any case, the availability of suitable places of detention and the possibility of ensuring decent living conditions for detainees should be taken into account when imposing or extending a detention order. The detention order shall contain legal and factual justification, shall be issued in written form, in accordance with the provisions of article 76 par. 2 of L.3386 / 2005, and, if a return decision has not been issued, the latter shall be issued within three (3) days.“ 59

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