tag:blogger.com,1999:blog-8704899696538705849.post1783279699298589218..comments2024-03-29T04:53:16.437-07:00Comments on EU Law Analysis: Detention of asylum-seekers: the first CJEU judgmentSteve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8704899696538705849.post-57381808172892026462016-03-27T09:02:36.993-07:002016-03-27T09:02:36.993-07:00If people have applied for asylum detention may be...If people have applied for asylum detention may be legal, but only on the conditions set out in the reception conditions directive which the CJEU has so far interpreted only in this case (alongside the international soft law I referred to). For people who haven't applied for asylum the Returns Directive applies; it sets similar standards as regards conditions for detention but the grounds for detaining people are somewhat different. It would be hard to say more than that where the circumstances probably differ in individual cases. Certainly refusal of food, water and toilets would breach the right to dignity as guaranteed by the EU Charter, and the asylum procedures Directive requires that there must be an effective opportunity to claim asylum.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-5353271766265684072016-03-27T08:20:34.670-07:002016-03-27T08:20:34.670-07:00Dear Professor Peers,
I am a student from the UK c...Dear Professor Peers,<br />I am a student from the UK currently volunteering in Greece with the refugees currently stuck in Athens and elsewhere since the Greek borders closed. I was previously working outside Moria refugee camp on Lesvos which had been open to refugees to come and go until the EU-turkey deal, after which the camp became a detention centre for all current and new refugee arrivals. It is extremely unclear as to what the plan is to do with refugees (now effectively detainees) who are detained in Moria camp now. It appears they are taken there before being registered and sent to other camps (at first they were shipped to Kavala on the mainland but this and most other government run camps are now full) before being deported back to Turkey. It is unclear but seems very unlikely that they are given proper opportunity to seek asylum. Moria camp when I left to volunteer with refugees in Athens a few days ago had become a camp the detainees are not permitted to leave and no-one is allowed in except workers with specific NGOs and UNHCR workers. Barbed wire was put up on the fences about a week ago. I cannot confirm at all what the conditions are like inside but there have been reports from refugees inside that they have been denied food and water, have to wait hours to use the toilet and sleep on hard floors. I cannot say whether any of this is true and personally find it hard to believe but this is what the rumours are. Refugees have attempted to board the ferry to athens with fake papers out of desperation and are arrested and placed straight into Moria camp. In light of the EU-turkey deal I would very much appreciate any legal clarification you can provide as to whether such refugee detention is at all legal, and what if any, the chances are of highlighting its illegality and changing the situation to ensure asylum-seekers can indeed seek asylum before being treated as criminals.<br />Thank you for the analysis you have so far provided on this blog and I await your reply eagerly!<br />Anonymoushttps://www.blogger.com/profile/16072807939441096846noreply@blogger.com