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
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