In 10 out of the 40 cases, asylum seekers remained in detention for several days after being assessed as vulnerable and, therefore, as seen above, exempted from the readmission to Turkey under the EU-Turkey Statement. Specifically, one applicant continued to be detained for approximately two months after the recognition of his vulnerability, four applicants were detained for 11 to 16 extra days, and three applicants were detained for three to six extra days. In addition, one applicant remained in detention for 20 more days and another for more than one month after they were flagged to Lesvos RAO as vulnerable by their asylum interviewers. In addition to these ten cases, two “low profile” detainees were detained without any prior medical screening and vulnerability assessment, as they arrived on Lesvos during the period when EODY had suspended their medical screening services due to understaffing (between mid-August to mid-October 2019). Accordingly, Lesvos RAO refused to schedule an asylum interview for them until their medical screening and vulnerability assessment was completed. They both remained in detention under the original readmission/detention decision, without their status as asylum seekers having been taken into consideration and without the guarantees envisaged in Art. 46 of L. 4375/2016. Furthermore, one of the two detainees was an alleged unaccompanied minor, who, against the principle of presumption of minority, remained in detention for three more weeks after his official referral by Lesvos RAO for an age assessment. The Police authorities alleged that they could not release him pending the outcome of the age assessment and that the age assessment procedure could not be initiated because the competent authority, EODY, had suspended its services. After the resumption of the age assessment services by EODY, the applicant was indeed found to be a minor. The second applicant was an alleged victim of torture. Although we requested in writing that he be referred to certification services for victims of torture, as foreseen in Art. 23 of L. 4540/2018,15 the Police authorities informed us orally that EODY had suspended its services and that there was no other public institution on the island competent to certify victims of torture. He was eventually released, after we successfully challenged his detention order before the Administrative Court, on the basis that the procedure foreseen in Art. 46 of L. 4375/2016 had not been respected as there had been no recommendation for detention by the Lesvos RAO. 15 Art. 23(1) of L. 4540/2018 reads: “1.Victims of torture, rape or other serious acts of violence shall be attested by means of a medical certificate issued by a public hospital, military hospital or qualified doctors employed in public bodies providing health services, including forensic specialists, and shall receive the necessary treatment for the damage caused by such acts, in particular access to appropriate medical and psychological treatment or care.” Welcome the stranger. Protect the refugee. | 14 14

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