10. Minors
69
B.M. from Senegal is 12 years old. He wants to be re-united
with his father who lives in Spain. His brother lives in
Athens. We met him in October 2011. He remained three
weeks in detention. »I had problems with my stomach and
they brought me to the hospital one day. Our cell is very dirty.
The toilettes are very dirty. I share my bed with another three
children. Others have to sleep on the floor because we do not
have enough beds. It is very cold. (…) Did you see the police
officer, who brought me out and was caressing my head so
kindly? It was the same person who beat me while I was
talking on the phone with my father in Spain, because I was
late. I could not even say goodbye to my father. The earphone was still hanging on the strip when I had to leave the
room. I was not able to hang up.«
decreased the number to 250. Furthermore without standardised rules, specialised staff and support services many
children abscond.
A.T.M. is a 17-year-old from Afghanistan. He stayed one
month in Fylakio during September-October 2011. »We are
99 minors in one cell now. Some of youngest are only 10 or
12 years old. There are 70 beds the rest has to sleep on the
floor – either on the cardboards of the meals or on blankets.
Now I have to share my bed with another child. There are
two toilettes, one is broken, and there is one shower. Only
once a week we get hot water. The water is muddy. Some of
us are more than 40 days here. We are never allowed to go
in the yard. Once a week we have access to the telephone.
Some never reach their turn. In the nights and at weekends
there is no doctor here. If we need to see the doctor we have
to make a lot of noise and the sick has to be fainted away.
It is always noisy here. In my home Afghanistan I would die,
but here I lost my hope!«
10.3. Inappropriate guardianship
10.2. Duration of Detention
According to the Greek law205 authorities »shall avoid
detaining minors. Children separated from their families
and unaccompanied minors shall be detained for only the
necessary time till their safe referral to adequate centres
for accommodation of minors«.
Unaccompanied minors are detained until the responsible
authority (Ministry of Health) finds a place for them in a
specialised reception centre. The available places in seven
special reception centres for children in Greece are not
enough compared to overall arrivals. Even when space is
available, lack of funds or personnel to escort the children
often prevents their transfer, leaving them in detention in
the meanwhile. Officially reported by the Greek Ministry of
Health and Social Solidarity the available places amount
to 340, but cut downs has and fund delays have in practice
205 PD 114/2010 art 6b
The detention length of minors varies mainly according to
the time when a free place is found in one of the reception
facilities, the lack of staff and cars for the transfer, the pressure put on individual cases by lawyers and luck.
Nevertheless, in average minors are detained at least three
weeks and up to three months, but there are also cases
where the detention length reached the legal maximum for
adults in detention – six months.
Even though the law prescribes protection by appointing
automatically a temporary guardian of the minor, by the
territorially competent Public Prosecutor for Minors or in
the absence of the latter, by the First Instance Public Prosecutor to ensure the minor’s best interests, the system is
dysfunctional. In the region of Evros there’s not a Public
Prosecutor for Minors and the First Instance Public Prosecutor is responsible. The public prosecutor is responsible
to start the legal procedure for appointing a permanent
guardian.
In practice, apart from informing the Ministry of Health and
Social Solidarity about the existence of the minors and their
referral to the by the Ministry appointed shelter, the public
prosecutor takes no further legal action for the legal protection and the representation in the best interest of the
child. We have noticed that the public prosecutor has never
taken any measures for the protection detained unaccompanied minors, even though the detention conditions and
the detention duration violate their basic rights as children.
In Evros area the public prosecutor has never started the
legal procedure for appointing a permanent guardian.
10.4. Wrong registration and screening
The inadequacy of identification procedures followed by
police combined with the lack of trained personnel leads
in many cases in wrong nationalities and age registration
for minors. During 2010 almost all minors arriving in Evros
were registered as born on the same date of 1.1.1992.
Respectively in 2011 most minors were registered as born
on the 1.1.1993.
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