interest between them and the persons who are responsible for their daily care. However, the absence of a guardianship system has been recognised both by the European Court of Human Rights (ECtHR) in its decision dated 5.4.2011 in the case of Rahimi versus Greece, and in a Report of the Council of Europe’s Commissioner for Human Rights82 underlining on the one hand the dysfunction of the institution, and on the other hand encouraging the Greek authorities to review the relevant laws. To this end there is a draft law pending at the Ministry of Labour, Social Solidarity and Social Insurance, which has not yet been brought for voting to date. 3.4. Closing observations Recommendations The identification of the vulnerable group of unaccompanied minors is an issue of critical importance, since the further course of the minor and the activation of the protection system depend on it. All three stages of the stipulated procedure must therefore be fully complied with, both by the RICs and by the competent services during the review of the application for international protection. At the same time, the presumption in favour of the minor must be respected each time there is any doubt regarding the minor’s age. The Ombudsman further recommends: • The fact of inadequate information being given to unac- companied minors in a language they understand regarding their rights renders necessary the implementation of the relevant provision by competent services related to this work, or potentially, other supervised or certified non-governmental entities, as provided for under Article 5 of Directive 81/2004/EC, and not exclusively by the police authorities. • As noted above, after the adoption of Law 4375/2016, we witness the phenomenon where minors continue to be detained after the lapse of their liberty restriction time specified in Articles 14 and 46(10), with the implementation of the provisions on detention of Law 3386/2005, each time a suitable accommodation facility is not found. Therefore, we recommend that the detention of unaccompanied minors for protection reasons be limited to the minimum time, and at the same time, a legislative initiative be undertaken regarding the implementation of the measure, in an effort to prevent any possibility of detention in facilities that are unsuitable for the minor’s protection, such as police station detention cells, etc. • The smooth and safe operation of the facilities where un- accompanied minors are living, cannot be achieved without the appropriate operating specifications, both with regard to safe zones within the Open Temporary Accommodation Facilities and for the other Centers that host unaccompanied minors. The establishment of internal operation regulations is also imperative, in order to have a uniform treatment that is suited to the minor’s particular needs, as well as a reliable supervision system. • Finally, the appointment of a permanent guardian will play a critical role in protecting and guaranteeing the rights of unaccompanied minors. The minors’ representation, as well as the management of their daily problems, are impossible without such a person, who, considering the particular circumstances, is essentially exercising their guardianship. Significant rights in the minors’ lives, such as access to education and health, as well as general issues of their social inclusion, become a dead letter without the existence of a guardian. 4. Obstacles and delays in the access to asylum 4.1. The problem In 2015, the European borders are put to the test at the sea borders of Greece. From another point of view, what is at stake here is the survival of the right of political asylum in Europe. The right of access to international protection is put to the test by the massive entry of mixed migrant, but also to a great extent potentially refugee, populations, into the Greek islands. This is a challenge of disproportionate size for the administrative mechanism, which, however, until November 2015, was not encountered in the asylum procedures, but in the registration and identification procedures by the Police, as well as the reception of the new arrivals in suitable conditions, by the Ministry of Interior - Migration Policy Division. The new arrivals, after the procedures on the islands, obtained an official note of removal from the country (most nationalities) or certificate of non-removal for humanitarian 82 (CommDH [2013]6, para 146-148 and 153). 29