16
a rule.
information and legal representation on Leros.
b. Detention of unaccompanied
During the reporting period there were no
minors
NGOs or legal actors operating full-time on the
island. UNHCR also does not have a permanent
Second, Equal Rights has observed an
presence on Leros, but instead makes field
increasing number of unaccompanied minors
visits to the island as needed. Between July and
detained in the Kos PRDC since June 2022. Of
December 2022, Equal Rights made two field
the six cases involving wrongly registered
visits to Leros and undertook two cases from
UAMs, five of the applicants underwent their
the island; however Equal Rights does not have
registration and identification procedures on
an office on the island, nor an attorney
Leros. Equal Rights therefore has serious
dedicated to undertaking Leros cases. In
concerns about the lawfulness of the age
November 2022, the NGO Praksis opened a
assessment procedure on Leros and whether it
joint Kos-Leros position to represent
adequately protects the best interest of the
unaccompanied minors. Otherwise though,
child as guaranteed under Greek, EU, and
there are no permanent legal actors or other
international law.30
NGOs on the island, which has had a direct
c. Rejection of rejected asylum
seekers based in wrongful
information
impact on the detention landscape on Kos.
2. Detention of Vulnerable Persons
i. Generally
The November 2021 edition of this report
Third, several participants interviewed for this
highlighted the mass detention of vulnerable
report stated that they received conflicting or
persons and the enormous impact it had on
incorrect information regarding the legal
their asylum cases and physical and mental
ramifications of withdrawing from their
health. In particular, the report found that the
appeal, with participants choosing to
authorities failed to conduct vulnerability
withdraw their appeal under the assumption
procedures, routinely overlooked serious
they would obtain a voluntary return order
physical and mental illnesses, and rarely
that would allow them to leave Leros for
implemented the required legal safeguards.31
mainland Greece. Farouq explained that he
Our research also showed that people with
withdrew from his appeal because,
serious illnesses had no access to medical care,
“I was misinformed somehow. I wanted a
victims of torture were routinely detained, and
voluntary return document. I had seen someone
women who were survivors of gender-based
who [the voluntary return paper] was given to, the
violence were housed alongside men.32
single father of a child. It was not given to me.”
As reported above, the demographics inside
The issues raised by the cases from Leros are
the Kos PRDC have changed considerably since
inextricably linked to asylum seekers’ access to
we published the first edition of this report.
30
See e.g., UN General Assembly, Convention on the
Rights of the Child, 20 November 1989, United
Nations, Treaty Series, vol. 1577; See also, Art. 6
Regulation 604/2013; Recital 33 and Art. 25(1)(a)
Directive 2013/32/EU; Art. 80(3)(a) Law
4939/2022; Article 10 JMD No. 9889/13-08-202.
31
Detained and Forgotten, supra note 3, at 57-61
32
Detained and Forgotten, supra note 3, at 57-61
‘Still detained and forgotten’ – Update on Detention Policies, Practices, and Conditions on Kos 2022/23