Out of the spotlight: The rights of foreigners and minorities are still a grey area
subsequently attempted to file asylum
applications in Athens, but have been unable to
secure a “red card” (certifying that their
application has been received and is being
examined), have been arrested by police
authorities and placed in detention a second
time and for a further three months. One such
case is that of M.M. cited in the previous
chapter, who was detained both upon entry
into Greece in July 2003 and after being
arrested in March 2005, while his claim to
have his “interrupted” application reconsidered
was pending.
2.2.2 Conditions of detention
During the visits to the detention facilities,
Amnesty International’s delegates noted a
number of concerns about the conditions of
detention, which in some cases amounted to
cruel, inhuman and degrading treatment. In all
of the centres, interviews with detainees as
well as local police authorities confirmed that
overcrowding remains a serious problem.
As a result, authorities fail to provide living
conditions in accordance with international law
and standards - such as those outlined in
Recommendation (2003)5 of the Council of
Europe’s Committee of Ministers to member
states on the detention of asylum-seekers.
Furthermore, detention under these conditions
is in contravention of the general spirit of the
EU Directive 2003/9/EC of 27 January 2003
laying down minimum standards for the
reception of asylum-seekers. Under this
directive, Member States may hold asylumseekers in detention only under limited
circumstances, such as threat to their public
order. In any case, they are obliged to ensure
“dignified standards of living”. Article 7 of the
Directive ensures the right to move freely
within the territory of the host Member State;
Articles 14 and 15 concern the State’s
obligations to ensure adequate living
conditions and necessary health care
respectively; Article 17 provides specific
safeguards for vulnerable groups such as
pregnant women, elderly and disabled persons,
Amnesty International 5 October 2005
28
and victims of trauma; Article 19 spells out
specific guarantees for unaccompanied minors.
The Directive was due to be transposed in
national legislation on 6 February 2005. The
conditions of detention recorded by Amnesty
International’s representatives in these centres
are in contravention of all the abovementioned articles of the Directive.
In some centres detainees reported lack of beds
and mattresses. In nearly all of the centres,
detainees, as well as their guards, reported
health problems - especially scabies – which
are exacerbated by lack of hygienic conditions.
The limited hot water available for bathing,
which was reported by a number of detainees,
is another result of overcrowding in the centres,
which restricts the ability to observe hygienic
practices.
The detention centres of Vrysika, Peplo and
Mytilini comprise old building complexes
formerly used for other purposes (Vrysika was
a former grain warehouse) and converted over
the last few years. In all three cases a large
building is used as the main detention area,
divided into two or three large dormitory
rooms, each of which may hold 50 individuals.
At the time of the interviews, police directors
claimed that a total of around 500 people were
being detained in the Thrace area, out of which
313 were detained at Vrysika and around 200
at Peplo (another 17 detainees were reportedly
held at the women’s detention centre at Ferres).
Each of the dormitory rooms measures around
60m2 (although there is a degree of variability)
and has one or two shower and toilet facilities
– the detainees are provided with a ration of
toiletries upon entry to the centre. Detainees at
police stations claimed that they were detained
in groups of five to seven in cells measuring
2m by 4m. The centres are staffed by armed
guards, who are stationed in separate offices
within the complex (e.g. Peplo) or outside the
perimeter fence of the centre (e.g. Vrysika).
The wards are kept locked apart from when
detainees are allowed into the yard. Interviews
with detainees at different centres suggest that
the length of this time is extremely variable as
AI Index: EUR 25/016/2005
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