MIGRASYL

News on migration and asylum from around the region - Nouvelles de la région sur les questions de migration et d'asile

Wednesday, April 09, 2014

[Greece]: AIDA - Greek State Legal Council justifies detention pending removal beyond 18-month limit set by EU Return Directive



According to an opinion published on 20 March by the Greek State Legal Council, the legal service of the Greek administration, migrants in Greece who refuse to cooperate regarding their deportation can be lawfully detained pending their removal for longer than the maximum of 18 months permitted by the EU Returns Directive.

According to an unofficial translation of the Opinion in the Greek State Legal Council’s view, detention beyond 18 months is justified on grounds of public order and safety.

“This is a clear violation of Greece’s obligations under the Return Directive. Extreme measures such as this one go beyond the rule of law and present alarming similarities to the unlawful deprivation of liberty as described in art. 325 of the Greek Criminal Code”, Vasilis Kerasiotis from the Greek Council for Refugees told the ECRE Weekly Bulletin.