Α. Administrative procedures and problems administrative nature: a) the recent law 4375/2016, which in Article 14(2) provides for the restriction of the liberty of all irregularly entering third-country nationals, including unaccompanied minors, at the RICs, for up to 25 days, and in Article 46(10) the detention of asylum seeking unaccompanied minors for up to 45 days, and until they are referred to a suitable accommodation facility, an option that must be the last resort, b) law 3386/2005, which in Article 76(3), as in force, allows the administrative detention for the cases of unaccompanied minors who are arrested on the borders of the country, where deportation is possible, and c) Article 30 of Law 3907/2011, that allows the administrative detention of unaccompanied minors arrested on the mainland, for whom return is possible, according to Article 25 of the same law. Law 3907/2011 introduced significant innovations, two of the most important ones being the provision of Article 20 that establishes the child’s best interest as a broader-range interpretative guideline for all decisions concerning it, and Article 25, that stipulates, as regards the removal of a minor from the country, the prior ascertainment by the Greek authorities that it will be returned to a member of its family, a nominated guardian or adequate reception facilities in the return country. Since the issue of the return of unaccompanied minors is interlinked with the detention issue, it is obvious that to the extent that the former is infeasible, the latter also becomes inappropriate. As regards the duration of the detention, it is difficult to record its average length with any accuracy, since there are no sufficient statistical data on this subject. During the on-site inspection of the Ombudsman’s team at the Amygdaleza EHPA in April of 2016, the average duration of the stay was 40 days, whereas during the inspection at the Lesvos RIC on 27.8.2016, this time was longer than two to three months, which was a reason why efforts were made to organise exits with the assistance of NGOs. There were however periods, where detention in the police stations, even in the form of protective custody, had lasted up to 45 days.63 Finally, to this date, the matter of improving the conditions,64 63 Human Rights Watch Why are you keeping me here September 2016 at: https://www.hrw.org/report/2016/09/08/why-are-you-keeping-me-here/ unaccompanied-children-detained-greece 64 “... In some cases, children said they were made to live and sleep in overcrowded, filthy, bug- and vermin-infested cells, sometimes without mattresses, and were deprived of appropriate sanitation, hygiene, and privacy. All of the children interviewed in police stations, including those who had been detained for more than a month, said they were not allowed to leave their cells”, Report of Human Rights Watch 9.9.2016 op. cit. https://www.hrw.org/el/ 26 especially for minors, continues to remain open, and in some cases leads to situations of conflict 65 with adverse consequence, mainly for the minors themselves. The long-term problems include the minimal access of the minors to information about their rights,66 the absence of any personalised care and their deficient representation.67 At the same time, problems of their daily life are identified, such as shortage of sanitary products, the absence of any entertainment programs on a systematic basis, the shortage of psychologists, social workers and translators - interpreters at times, and the significant shortages in pharmaceutical coverage.68 Even during the reception and identification procedure, it appeared that the minors were not informed, with the help of a translator, on their rights and the option of submitting asylum, relocation and family reunification applications.69 The above could lead to the observation that to the extent that the conditions in which the protective custody measure is implemented do not meet the demands for a humane and decent treatment, the restriction of freedom, even in the sense of protection, constitutes detention and in fact an onerous one. The concept of protective custody While preparing the present document, the majority of unaccompanied minors are held in protective custody until they are referred to an Accommodation Center for Unaccompanied Minors, regardless whether they file an asylum application or not.70 The waiting period is the same as the detention time and is determined, as is the latter, by the number of the minors and the availability of the corresponding accommodation facilities. In 2015, this period of time was 32 days. After the closing of the West Balkans corridor and the EU-Turkey Statement, there were unaccompanied minors included in the total number of refugees trapped in the country. This however increased the report/2016/09/09/293876 65 See publication dated 12.9.2016 on conflicts between minors at the RIC in Moria, Lesvos http://www.kathimerini.gr/874351/article/epikairothta/ ellada/3574-asynodeytoi-anhlikoi 66 It is further noted that legal aid was provided to 357 asylum seeking unaccompanied minors, according to a relevant memo of the UNHCR to the Greek Ombudsman in March 2017. 67 Findings from the Ombudsman’s on-site inspection on 11.4.2017 at the EHPA of Amygdaleza. 68 See GCR mission to Lesvos, in November 2016 at http://www.gcr.gr/ index.php/el/action and findings of the Municipality of Athens on the EHPA of Amygdaleza at http://www.tovima.gr/society/article/?aid=667592 69 See note 62. 70 See above cited on-site inspection of the Greek Ombudsman on 23.8.2016 at the Police Stations of Liti and Kilkis.