FORGOTTEN
Administratively detained irregular migrants and asylum seekers
the registration and identification office only but no signatures
by the medical control and information office. On 17/2/2016, a
decision to refer him to the Greek police was issued without any
doubts arising regarding his age and he was then transferred
to the Pre-Removal Detention Center of Orestias in order to
be subjected to return procedures as an adult. The Police
Directorate of Alexandroupolis issued a detention decision on
18/2/2016, and a return decision on 21/2/2016. The abovementioned person denied to sign the proof of receipt of the
return decision claiming that he is a minor. On 26/2/2016,
he was tried by the Juvenile Court of Alexandroupolis, which
imposed on him the educational measure of reprimand. On
7/3/2016, he applied for asylum and, on 8/3/2016, he was
convoked for a personal interview by the Asylum Unit of Xanthi.
During his interview he stated that he was born on 11/6/1998.
He also submitted a copy of his identity card, as the original was
in Algeria, but the interviewer informed him that the original
document was necessary for age determination. He was then
transferred to the Pre-Removal Detention Center of Xanthi and
the Police Directorate of Xanthi issued a detention decision.
On 18/3/2016, a negative decision was issued by the Asylum
Service. On 22/3/2016, he appealed against this decision and
was released.
-During our visit to the Pre-Removal Detention Center of
Xanthi on 8/3/2016, we talked to the national of Algeria J.A.
The investigation of his file revealed that, on 18/1/2016, he
was registered by the Unit of Registration and Identification of
the First Reception Center as born on 7/6/1999 and a decision
restricting his freedom was issued. We should note that the
registration form has not been signed by the medical control
and information unit. According to the reply of the First
Reception Service to our organization the medical control unit
and the psychological support team followed the procedure
adopted by Ministerial Decision 92490/4-10-2013 because there
was a specifically justified doubt as to his age. Then, according
to par. 6 of the Ministerial Decision, given that there was no
pediatrician at the First Reception Center, he was referred to a
public hospital and more specifically to Didimoticho Hospital in
order to be subjected to a skeletal age examination44.
44 During our visit at the First Reception Center of Fylakio on 26/4/2016, we requested copies of
the medical certificate regarding his age and of the recommendation of the psychosocial support
unit but we were not provided with the requested documents.
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