FORGOTTEN
Administratively detained irregular migrants and asylum seekers
avoid the detention of minors. Minors who have been separated from
their families and unaccompanied minors shall not be detained as
a rule. Only in very exceptional cases, unaccompanied minors who
applied for international protection while in detention according to
the relevant provisions of Law 3386/2005 and Law 3907/2011, may
remain in detention as a last resort solution, only to ensure that
they are safely referred to appropriate accommodation facilities
for minors. This detention is exclusively imposed for the necessary
time required for the safe referral to appropriate accommodation
facilities, and cannot exceed twenty-five (25) days. When, due to
exceptional circumstances, such as the significant increase in arrivals
of unaccompanied minors and, despite the reasonable efforts by
competent authorities, it is not possible to provide for their safe referral
to appropriate accommodation facilities, detention may be prolonged
for another twenty (20) days. Minors who have been separated from
their families and unaccompanied minors shall be detained separately
from adult detainees».
According to the Standards of European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or
Punishment:
«The CPT considers that every effort should be made to avoid
resorting to the deprivation of liberty of an irregular migrant who is
a minor. Following the principle of the “best interests of the child”, as
formulated in Article 3 of the United Nations Convention on the Rights
of the Child, detention of children, including unaccompanied and
separated children, is rarely justified and, in the Committee’s view,
can certainly not be motivated solely by the absence of residence
status. When, exceptionally, a child is detained, the deprivation of
liberty should be for the shortest possible period of time; all efforts
should be made to allow the immediate release of unaccompanied
or separated children from a detention facility and their placement
in more appropriate care. Furthermore, because of the vulnerable
nature of a child, additional safeguards should apply whenever a
child is detained, particularly in those cases where the children are
separated from their parents or other carers, or are unaccompanied,
without parents, carers or relatives45».
45 Council of Europe, CPT Standards, CPT/Inf/E (2002) 1- Rev. 2011, page 81-82
73
Επιλογή στοχευμένης παραγράφου3
Σύνδεση με παράγραφο
Σύνδεση με οντότητα
Απενεργοποίηση επισημάνσεων
Προσθήκη στον πίνακα περιεχομένων