Out of the spotlight: The rights of foreigners and minorities are still a grey area
Convention specifies that the detention and
imprisonment of a child should only be
practised as a “last resort” and prohibits the
arbitrary and unlawful detention of children.
Amnesty
International
opposes
the
automatic/mandatory detention of minors on
account of illegal entry or irregular migration
status, and opposes the detention of
unaccompanied
minors
under
any
circumstance. 56 The organization considers
such detention to have detrimental effects on
the physical and psychological health of the
detainees, to be contrary to the principle of the
best interests of the child, and therefore to
seriously undermine the obligation of states to
protect children within their territories.
During the organization’s visit to Greece,
delegates also visited the detention centre of
Amygdaleza for women and minors who are
awaiting deportation. At the time of the visit,
six unaccompanied male minors were detained
at the centre. The detainees were held in a
protection and humanitarian assistance in the
enjoyment of applicable rights set forth in the
present Convention and in other international
human rights or humanitarian instruments to which
the said States are Parties” and paragraph 2 states
that “for this purpose, States Parties shall provide,
as they consider appropriate, co-operation in any
efforts by the United Nations and other competent
intergovernmental
organizations
or
nongovernmental organizations co-operating with the
United Nations to protect and assist such a child
and to trace the parents or other members of the
family of any refugee child in order to obtain
information necessary for reunification with his or
her family. In cases where no parents or other
members of the family can be found, the child shall
be accorded the same protection as any other child
permanently or temporarily deprived of his or her
family environment for any reason, as set forth in
the present Convention.”
56
The Working group on Arbitrary Detention has
stated that unaccompanied children should never be
detained. See Working Group on Arbitrary
Detention, Report on the Visit of the Working
Group to the United Kingdom on the Issue of
Immigrants
and
Asylum-Seekers,
E/CN.4/1999/63/Add.3, 18 December 1998.
Amnesty International 5 October 2005
32
special dormitory room in the centre, which
was separated from the women’s wing, in
prison-like conditions. The dormitory room
had no access to the open air and the delegates
learnt that because the fenced space available
for the detainees’ use could only be accessed
from the women’s wing, the minors were
never allowed into the open air. One of these
detainees 57 showed clear signs of stress:
sweaty palms, nervousness (twitching of the
fingers), unwillingness to communicate,
difficulty concentrating, intermittent crying.
The delegation was told by both detainees and
guards that the centre is visited by a doctor
once in every two weeks and that medical care
is available in emergencies. However,
psychological support was not offered. 58 The
detained minor further claimed that this was
the second time he had been detained in
Greece, having been detained once upon
arrival and then after being arrested in Athens
and failing to produce documents confirming
his legal stay in Greece (he claimed that he
was in fact in possession of a “red card” but
had lost it and that the authorities had failed to
follow up his claim with the Aliens
Department). The minor had allegedly fled his
conflict-ridden country, after becoming
separated from his parents and had not been
able to communicate with them for months.
His comments during the interview indicated
resignation regarding his future:
“my father told me ‘you have to become a
doctor; you must not fight’ –and that’s
what I wanted to do; I don’t want anything
now. I want to be left alone.”
2.2.4 Ill-treatment of women prisoners
In July 2004 the national daily Ta Nea reported
that a 13-year-old female victim of trafficking
57
Identification details have been omitted because
of the small number of individuals in this group.
58
This was also the case for Reception Centres for
Asylum-Seekers, where the absence of such support
for vulnerable individuals such as single women
and children was a major concern in UNHCR’s
2004 report (Tsovili and Voutira, ibid: 9).
AI Index: EUR 25/016/2005
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