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17/12/2021
EL: The Administrative Court confirmed the unlawful character of the prohibition of exit imposed on residents of the recently operationalised Closed Controlled Access Facilities.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Greece, Administrative Court [Διοικητικό Πρωτοδικείο], Objections (on detention) before the Administrative Court of First Instance of Syros, ΑΡ 36 /17-12-2021, 17 December 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2351
Case history
Other information
Abstract

The applicant requested the lifting of detention, to be allowed to leave the Closed Controlled Access Center of Samos, claiming that due to the ban on his exit from the centre, without the issuance of a relevant decision, all the activities that he had developed during his two-year stay in Samos and which allowed him to maintain a sense of normalcy and mental balance were overturned. In support of his claim, he submitted, inter alia, a medical opinion of the General Hospital of Samos - Samos Mental Health Center, of 6 December 2021, which confirmed anxiety symptoms due to reported traumatic events in his country of origin and difficult living conditions in the centre and he was prescribed medication.


In the absence of a decision issued by the Police as envisaged in the law, the court considered that the Commander of the Closed Controlled Access Center of Samos illegally took the measure in question (exit ban) and ordered the lifting of the exit ban from the Closed Controlled Centre of Samos. 


Country of Decision
Greece
Court Name
EL: Administrative Court [Διοικητικό Πρωτοδικείο]
Case Number
ΑΡ 36 /17-12-2021
Date of Decision
17/12/2021
Country of Origin
Keywords
Border procedures
Detention/ Alternatives to Detention
Medical condition