Moreover, UACs are not provided with any written decision as to why they
cannot leave the CCAC. As such this places the restriction of their liberty in
variance with EU law which requires, in situations that people are detained, that
there should be a written decision issued to the applicant, in a language they
are reasonably expected to understand, highlighting the reasons, in fact and in
law, for their detention.[110]
The only time unaccompanied children can
leave the so called "safe-zone" and enter
the general population of the CCAC.
12am
4am
8am
12pm
4pm
8pm
12am
I Have Rights has consistently raised their concern regarding the detention of
UACs in the CCAC including inhuman living conditions, deficiencies in the age
and vulnerability assessment procedures, lack of access to asylum including
access to a lawyer and lack of access to basic services for UACs in the CCAC.
[111] Children in the so-called "safe-zone" are unable to leave the CCAC and as
such are de facto detained for extended periods, with UACs often staying in the
CCAC for on average up to four months. Through conversations with actors that
work in the Samos CCAC, I Have Rights has learnt that the detention of UACs
has contributed to children’s reticence to challenge age assessments which
incorrectly determine them to be adults as they fear that appealing means
they will remain stuck in the procedure for UACs, which so far has resulted in
their detention.
This is hardly surprising when, in addition to being de facto detained for
extended periods, UACs are left with limited access to essential services.[112]
Their access to education is dependent on a NGO that provides informal
education as, despite the law giving them the right to enrol at public schools,
the RIS refuses to register them at Samos public schools. This can be compared
with Commissioner Johansson’s promise that CCACs "[...]will allow children to
get schooling – essential so that precious years are not wasted".[113]
[110] Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying
down standards for the reception of applicants for international protection (recast). Article 9(4),
ECHR, Article 5 (2).
[111] I Have Rights and Still I Rise. 2022. The Committee of the Rights of the Child Sides with Still I Rise
and I HAVE RIGHTS. Available here.
[112] Ibid.
[113] Ylva Johansson. 2023. Spring is the best time to prepare for Winter – why I am visiting Lesvos
now. Available here.
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