The above judgement confirms the severe criticism previously expressed by GCR, as well as other national, European and International Organisations regarding the Opinion 44/2014 of the Legal Council of the State, aproved by the Minister of Public Order and Citizen Protection. We underlined at that time that the practice of indefinite detention of third country nationals is in direct violation of national, European and International Law and leads the Administration to unlawful, and thus accountable practices.
In particular, according to Court’s decision, “the restrictive measure imposed on the defendant –i.e. the obligation to stay in a detention center- effectively is in fact tantamount to the extension of his detention”, where detention beyond 18 months “does not have any base in the relevant legislation” and thus the detainee must be released.
It should be noted that administrative detention of third country nationals should only be imposed as a measure of last resort, under strict conditions and for a prescribed period of time; that administrative detainees live under conditions found by international organizations and the European Court of Human Rights as inhumane and degrading; that detainees do not have assured access to Justice, due to the lack of free legal aid.
In light of all the above and taking into consideration the recent judgment of Athens Administrative Court of First Instance, the Greek authorities must end the practice of indefinite detention and respect the guarantees set by the national, EU and international law.
See more:
- Letters to Commissioner Malmstrom and the Greek Ministry of Public Order and Citizen Protection, http://www.gcr.gr/index.php/en/news/press-releases-announcements/item/355-epistoles
- GCR Press Release, “Indefinite detention: a direct infringement of national, European and international law”,
