Α. Administrative
procedures
and problems
such spaces in 25 to 30 facilities across the country, for
800 to 900 unaccompanied minors. However, we emphatically stress the fact that this measure can be implemented
only on a temporary basis, and until their transfer to Accommodation Centers for Unaccompanied Minors within reasonable time, since these spaces lack the necessary specifications for the long-term stay of minors, especially when they
do not meet the necessary conditions for their safe stay.
Even though there is no documented study on the cost of
operation of these safe spaces, according to a UNICEF representative in Greece, it is not less than the operating cost
of the Accommodation Centers.79
Stay in RICs and
Open Temporary
Accommodation
Facilities
The stay in RICs and the
Temporary Facilities has the
purpose of registering and
identifying the minors, as well as
protecting them until they are
referred to Accommodation Centers or more recently, to
safe spaces. Their liberty is restricted only in the Lesvos
(with possibility of exit) and Evros RICs, whereas in the
other RICs of the country, unaccompanied minors are living
in freedom, in full or in part, inside them. It was not possible
to ascertain whether this different treatment was due to
reasons related to the minor’s person or depended on the
operating conditions of each center. In these cases it should
be noted that on the one hand they are without supervision,
and on the other hand that there are no rules of operation
which they must comply with. This practice, which is in
direct contrast to a long detention, has the same problems
as detention, to the extent that there is no special provision
for this vulnerable group, since it allows the development of
unlawful situations and exploitation phenomena.
On the other hand, unaccompanied minors in freedom, are
outside the safe spaces of the Open Temporary Accommodation Facilities that were developed also in Accommodation Centers, after their referral by the competent Prosecutor, through the National Center for Social Solidarity. These
Centers, numbering 46 in November of 2016, had a capacity of 1191 persons, and were accommodating 861 unaccompanied minors. In March 2017, 53 were recorded (for
Theocharakis Foundation, on the subject of “The protection of unaccompanied
minors in Greece”, see in a publication in Efimerida Ton Syntakton (EfSyn)
newspaper, Special zones for unaccompanied refugee children http://www.efsyn.
gr/arthro/eidikes-zones-gia-ta-asynodeyta-prosfygopoyla
79 See as above publication in EfSyn.
28
long and short stay),80 dispersed across the country, which
in their majority are private and are operating under the
responsibility of different agencies, such as legal entities of
the broader public sector operating under Private Law (e.g.
the Youth and Life-long Learning Foundation), but mainly
under the responsibility of NGOs. Their operation is governed by the General Rules of Operation of the Accommodation Facilities for Third-country Nationals that are operating
under the care of the First Reception Service (Government
Gazette Β3295/2014) and by the Regulation for the quality
and safety specifications of civil society organisations for processing individual reception procedures in Open Accommodation Facilities operating under the supervision of the First
Reception Service (Government Gazette Β 1261/2016).
However, there are no particular specifications for facilities
that accommodate unaccompanied minors.
The deficiencies of the Greek system for the protection of unaccompanied minors are apparent
also in the matter of guardianship.
Up to now, the duties of temporary guardian are undertaken mainly by the Public Prosecutor of the area where the minor was found, as well as persons from the accommodation facilities, after appointment
either by a prosecutor’s order or a court decision. Today,
there is a relevant provision in Article 19(1) of PD
220/2007, stating that the competent authorities shall
promptly take the suitable measures in order to ensure the
necessary representation of the unaccompanied minors,
and to this end, the competent authorities inform the Juvenile Prosecutor, and where there is none such, the competent local Prosecutor of the First Instance Court, who acts
as a temporary guardian and takes the necessary steps in
order to appoint a guardian to the minor. It should be noted
however that the provision is interpreted quite strictly by
certain prosecution authorities, whereas the practical inability of the prosecutors to exercise the duties of a guardian
is also recorded.81 In practice, the large number of the unaccompanied minors renders impossible the exercise of the
duties of the temporary guardian by the local Public Prosecutor of the First Instance, whereas the assignment of
guardianship to members of the accommodation centers
where the minors are living, poses the risk of a conflict of
Guardianship of
unaccompanied
minors
80 UNHCR updated status of unaccompanied minors (https://data2.unhcr.org/
en/documents/download/54239)
81 I. Papageorgiou, Unaccompanied minors seeking asylum in Greece, Elliniki
Epitheorisi Evropaikou Dikaiou 2:2009 pg. 164.
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