Venice in July 2008 and was granted permission to stay.348 Fifteen-year-old Ghulam S.
traveled hidden inside a container to Venice on June 11, 2008. Italian authorities
discovered a total of 12 persons, including him, and sent back everyone with the
exception of a younger boy, who reportedly was around 12 years old. Ghulam S.
wanted to apply for asylum in Italy but had no opportunity to file an application.349
The physical appearance of Ghulam S., Jafar F., and Nader Q. strongly suggests that
they were underage when they reached Italy. Italian authorities did not consider their
special needs and their rights as unaccompanied children and instead treated them
as migrants without valid documents.
European law mandates member states to sanction carriers that transport persons
without valid papers.350 An employee of one ferry company that operates out of
Patras told Human Rights Watch that sanctions are not imposed as long as the
company agrees to take intercepted persons back immediately. He told us they
always take persons back, even when they’re full.351 Ferry company representatives,
however, were reluctant to tell us whether they employ private security agents to
check trucks prior to departure from Greece.352
Legal Standards Governing the Repatriation of Unaccompanied Children
The Convention on the Rights of the Child urges states parties to identify a durable
solution that is in the child’s best interests and addresses their protection needs as
soon as possible after their arrival.353 States parties are also obliged to guarantee
children access to asylum and subsidiary protection procedures and they must
protect and assist children who are refugees or seeking asylum.354 The repatriation of
348
Human Rights Watch telephone interview with Wali P., August 29, 2008. The boy told us that Italian police offered not to
fingerprint him should he intend to travel to another country.
349
Human Rights Watch telephone interview with a friend of Ghulam S., June 17, 2008 (exact name withheld).
350
European Council Directive 2001/51/EC of 28 June 2001, supplementing the provisions of Article 26 of the Convention
implementing the Schengen Agreement of 14 June 1985.
351
Human Rights Watch telephone interview with Giorgos Telonis, Blue Star Ferries, September 1, 2008.
352
Ferry and truck companies are reported employ private security personnel who operate within the Patras port premises;
Human Rights Watch interview, Patras, June 9, 2008 (exact name withheld).
353
CRC, art. 3; UN Committee on the Rights of the Child, General Comment No. 6, para. 79.
354
CRC, art. 22; UN Committee on the Rights of the Child, General Comment No. 6, para. 66. UNHCR Guidelines, section 7, 1.
Left to Survive
100
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