Venice in July 2008 and was granted permission to stay.348 Fifteen-year-old Ghulam S. traveled hidden inside a container to Venice on June 11, 2008. Italian authorities discovered a total of 12 persons, including him, and sent back everyone with the exception of a younger boy, who reportedly was around 12 years old. Ghulam S. wanted to apply for asylum in Italy but had no opportunity to file an application.349 The physical appearance of Ghulam S., Jafar F., and Nader Q. strongly suggests that they were underage when they reached Italy. Italian authorities did not consider their special needs and their rights as unaccompanied children and instead treated them as migrants without valid documents. European law mandates member states to sanction carriers that transport persons without valid papers.350 An employee of one ferry company that operates out of Patras told Human Rights Watch that sanctions are not imposed as long as the company agrees to take intercepted persons back immediately. He told us they always take persons back, even when they’re full.351 Ferry company representatives, however, were reluctant to tell us whether they employ private security agents to check trucks prior to departure from Greece.352 Legal Standards Governing the Repatriation of Unaccompanied Children The Convention on the Rights of the Child urges states parties to identify a durable solution that is in the child’s best interests and addresses their protection needs as soon as possible after their arrival.353 States parties are also obliged to guarantee children access to asylum and subsidiary protection procedures and they must protect and assist children who are refugees or seeking asylum.354 The repatriation of 348 Human Rights Watch telephone interview with Wali P., August 29, 2008. The boy told us that Italian police offered not to fingerprint him should he intend to travel to another country. 349 Human Rights Watch telephone interview with a friend of Ghulam S., June 17, 2008 (exact name withheld). 350 European Council Directive 2001/51/EC of 28 June 2001, supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985. 351 Human Rights Watch telephone interview with Giorgos Telonis, Blue Star Ferries, September 1, 2008. 352 Ferry and truck companies are reported employ private security personnel who operate within the Patras port premises; Human Rights Watch interview, Patras, June 9, 2008 (exact name withheld). 353 CRC, art. 3; UN Committee on the Rights of the Child, General Comment No. 6, para. 79. 354 CRC, art. 22; UN Committee on the Rights of the Child, General Comment No. 6, para. 66. UNHCR Guidelines, section 7, 1. Left to Survive 100

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