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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