34 GREECE IRREGULAR MIGRANTS AND ASYLUM-SEEKERS ROUTINELY DETAINED IN SUBSTANDARD CONDITIONS 5. DETENTION CONDITIONS On the basis of Amnesty International’s visits to various immigration detention centres and borderguard stations, the testimonies of detained irregular migrants and asylum-seekers, and reports from other NGOs and refugee support groups, the organization is concerned that conditions in many of the places where irregular migrants and asylum-seekers are detained remain poor and do not conform to international human rights standards. Irregular migrants and asylum-seekers held for immigration related purposes may be detained for prolonged periods and under poor conditions in facilities such as borderguard stations and police stations, which are designed only for short term detention. Many detention facilities suffer from overcrowding, lack of beds and clean bedding, lack of hygiene products, unhygienic conditions, insufficient or no access to medical assistance, and insufficient food. Detainees may also be denied access to clean water and toilet facilities. Several of the irregular migrants and asylum-seekers spoke of incidents of inhuman and degrading treatment by police officers or coastguard officers while they were in detention, and inhumane conditions of transfer from one detention centre to another. International human rights standards such as Article 7 of the International Covenant on Civil and Political Rights (ICCPR) and Article 3 of the ECHR prohibit torture, cruel, inhuman or degrading treatment. Article 10 (1) of the ICCPR stipulates that “all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person”.117 Article 16(1) of the Returns Directive states that detention shall take place as a rule in specialized facilities and if this cannot be provided and third-country nationals are detained in prisons, they should be kept separately from ordinary prisoners. 118 Article 16(3) of the Directive stipulates that “…particular attention shall be paid to the situation of vulnerable persons. Emergency health care and essential treatment of illness should be provided”. Articls 17 and of the Directive stipulates that “…families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time” (para 1); and that “families detained pending removal shall be provided with separate accommodation guaranteeing privacy” (para 2). In addition, UNHCR Guidelines set out agreed practices for detained asylum-seekers in the limited circumstances in which such detention is justified.119 The recommendations include that conditions of detention for asylum-seekers should be humane and prescribed by law; for men to be segregated from women, and children from adults, except when they are part of a family group; and for asylum-seekers to have the opportunity to conduct some form of physical exercise through daily indoor and outdoor recreational activities, and to have access to basic necessities such as beds, showers, facilities and toiletries. National legislation standards regarding the conditions under which irregular migrants and asylum-seekers should be held can be found in PD 90/2008 and the Joint Ministerial Amnesty International July 2010 Index: EUR 25/002/2010

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