FORGOTTEN
Administratively detained irregular migrants and asylum seekers
ii. Findings
During our visits at the Detention Centers, we interviewed
detainees who have been registered as adults but claimed that they
were minors. In most cases, no provision was made in advance by the
police authorities for their inclusion in age determination procedures
and their segregation from adult detainees. In the cases where our
Organization brought up the issue, the detainees were referred to the
hospital for skeletal age measurement43, which is the main method of
age determination in practice.
From the investigation of detainee cases, shortcomings were
detected regarding the age assessment of minors followed at the
First Reception Center of Orestias. More specifically, the investigation
revealed that in some cases, the comprehensive procedure prescribed
by Ministerial Decision 92490/4.10.2013 is not fully implemented.
Specific cases of minors
-
During our visit to the Pre-Removal Center of Xanthi on
8/3/2016, we talked to the national of Algeria, M.W., who
claimed to be a minor. The investigation of his file revealed
that he was arrested on 5/2/2016 by the Border Guard Unit
of Feres for the infringement of art. 83 of Law 3386/2005.
During his arrest, he claimed that he was born on 1/6/2000.
He was then referred to the Prosecutor of Alexandroupolis,
who set orally the trial date for the 26/2/2016. On 6/2/2016
the Police Directorate of Alexandroupolis issued a decision
ordering his detention «until the date of his transfer at the First
Reception Center of Fylakio in order to be subjected to first
reception procedures». On 10/2/2016, the Police Directorate of
Alexandroupolis requested from the First Reception Center of
Fylakio to receive him as an unaccompanied minor in order to
be subjected to first reception procedures and he was brought
to the above-mentioned service on 12/2/2016. However, at the
First Reception Center he was recorded as born on 1/1/1997. We
note that, at his registration form, there are the signatures of
43 «The age determination through specific medical examinations is currently contested by the
international scientific community, as divergences are observed between the skeletal age depicted
in the x-rays and the biological age –divergences that might increase in relation to the age and
the tribe of the person», Greek Ombudsman, The issue of age assessment of unaccompanied
minors, page. 4, October 4 2014, available at: www.synigoros.gr/resources/porisma_diapistosianilikotitas-asynodefton-anilikon.pdf (September 5 2016).
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