check the last phase of the procedure. While drawing up the
present report, the verification of age appears to still be
based mainly on the medical assessment carried out at the
hospitals, according to a standard method that includes an
x-ray and dental examination, without recording the method
followed or other information, while the clinical assessment
of the anthropometric figures and the psychosocial
assessment is either absent or limited. This makes more
difficult the further verification of the scientific correctness
of the assessments.55 Especially during the period after the
EU-Turkey statement entered into force, it is claimed56 that,
the particular conditions created in the RICs do not contribute
towards a suitable environment for the conduct of specialised
medical examinations, such as those required for age
determination. At the same time, they exacerbate any stressinducing factors for the refugee and migrant population,
making it difficult for each individual to provide the information
required for an age assessment. The problem becomes more
acute by the absence of suitable medical staff, but mostly of
interpreters.
Even though the stipulated procedure of the above ministerial decisions is an example of exceptional progress compared to the previous situation, where the verification of minority depended on the judgement of the police officer, the
only criterion being the anthropometric characteristics of
the third-country national, however, there are still today serious doubts about the proper and systematic implementation of the stipulated procedures,57 seeing a preoccupation
with the result of the medical check, even when the minor
produces copies of documents from the country of origin
that determine the age. In conclusion, one could claim that
the implementation of a reliable system for age verification,
by adopting specific guarantees, remains a goal to be attained.
registration.58 In such a case they are referred to public
hospital departments for medical examinations, as described
above, but even after they raise the claim of minority, they
continue to be treated as adults, remaining in the same
detention spaces as them.59 Also, even if they possess
documents proving their age, they are not taken into
consideration when they lack validation by a competent
authority of the country of their issue. Finally, it is worth
noting that the cases referred for medical examinations
often encounter great delays from the time the claim is
made until the actual conduct of the examinations, resulting
in their reaching the age of majority in the meanwhile.60
The issue of administrative
detention of minors has
been under the scrutiny of
the Greek Ombudsman since
the start of its operation, but
Administrative detention to this day it has not yet become feasible to render deand protective custody
tention a truly last resort, at
least upon their entry into the country. Of course its duration and conditions differ, depending on the number of arrivals and the policies being implemented; as a result, depending on the circumstances, we sometimes have an inflationary
implementation of the measure and sometimes not (e.g. in
September 2016, after the conflicts in the RIC of Moria, the
unaccompanied minors were moved en masse to other facilities on the mainland).61 However, it is worth noting that
during the 2015-2016 period, the number of unaccompanied minors in detention dropped; an effort was made in the
opposite direction to increase accommodation centers.62
3.2. Administrative
detention of
unaccompanied
minors
There are three legislative initiatives that regulate the
deprivation of the liberty of the minors, which is of an
In practice we observe the
phenomenon, where third-country
nationals who have been registered
as adults, claim minority at a later time, after their initial
58 See relevant reports No. 223925/2017 and 223926/2017.
55 See report No. Φ 221878/2016 to the Greek Ombudsman regarding the
case of a minor for which an age determination act was issued by the Reception
and Identification Service, based on a medical document without a prior
psychosocial assessment.
61 See relevant publicationhttp://www.emprosnet.gr/article/87078-sto-pikpata-asynodeyta-prosfygopoyla
The presumption
of minority
56 See relevant findings of the DOCTORS OF THE WORLD organisation in The
verification of the minority of unaccompanied minor third-country nationals. S.
Poularakis. August 2016 http://mdmgreece.gr/diapistosi-tis-anilikotitas-anilikonallodapon-skepsis-ke-provlimatismi/
57 See op. cit. report No. 221878/2016.
59 See relevant report No. 223926/2017.
60 Similarly, Ombudsman Report The issue of verification of minority of
unaccompanied minors of October 2014 at https://www.synigoros.gr/resources/
porisma_diapistosi-anilikotitas-asynodefton-anilikon.pdf and recent report No.
Φ 223926/2017, referring to long delays in the registration at the RICs by the
Greek Council for Refugees.
62 This finding is included in letter No. 207835/2175/2016 by the Ombudsman
to the Hellenic Police Headquarters, and it is based on the on-site inspection
carried out on 16.11.2015 at the detention sites of the Aliens Police Division of
Attica, as well as on-site inspections carried out later: the on-site inspection dated
11.4.2016 at the ΕΗΠΑ [Special Space for the Stay of Third-country Nationals], in
Amygdaleza, Attica, and on 23.8.2016 at the Police Stations of Liti and Kilkis. Of
course, during the on-site inspection carried out on 27-30.7.2016, at the RICs of
Lesvos and Chios, we found 129 unaccompanied minors.
25
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