FORGOTTEN
Administratively detained irregular migrants and asylum seekers
a ground for accelerating the asylum procedure, taking into account
the possible lack of appropriate spaces and difficulties in ensuring
decent living conditions of the detainees. These difficulties, as well
as the vulnerability of the applicants, shall be also considered for
the imposition or prolongation of detention. Furthermore, more
guarantees are stipulated concerning the detention of minors,
including information on the right to free legal aid.
We should also note that some of the provisions of the 2013/33/
EU Directive have not been transposed into Greek legislation and,
in particular, the article 10 par. 2 of the aforementioned Directive,
according to which «detained applicants shall have access to openair spaces» and the article 11 par. 1, in compliance with which « the
health, including mental health, of applicants in detention who are
vulnerable persons shall be of primary concern to national authorities.
Where vulnerable persons are detained, Member States shall ensure
regular monitoring and adequate support taking into account their
particular situation, including their health».
However, according to the constant jurisprudence of the Court
of Justice of the European Union, the provisions of a directive may,
exceptionally, have direct effects in a Member State even if the latter
has not yet adopted a transposing act in cases where: (a) the directive
has not been transposed into national law or has been transposed
incorrectly; (b) the provisions of the directive are imperative and
sufficiently clear and precise; and (c) the provisions of the directive
confer rights on individuals.12
In addition, the conditions in Pre-Removal Detention Centers
are regulated by the Joint Ministerial Decision No. 8038/23/22, dated
21/1/2015, which refers to the establishment and operation of PreRemoval Detention Centers of Third-Country Nationals and their Rules
of Operation. The provisions of the above-mentioned Joint Ministerial
Decision, comply, in general terms, with the international standards.
More specifically, they provide for decent living conditions, yard
time, leisure activities, access to medical treatment and psychological
support, information on rights and obligations, access to legal aid and
special care for vulnerable persons.13 Furthermore, standards are set
in relation to the admission process of the detainees at the infirmary
12 http://www.europarl.europa.eu/atyourservice/el/displayFtu.html?ftuId=FTU_1.2.1.html (5th
September 2016)
13 Art.. 6 Joint Ministerial Decision No 8038/23/22−ιγ΄, dated 21/1/2015
17
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