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.“
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