the complete absence of any official mechanism in tracing family members, the lack of
initial and individualized assessment of protection needs by qualified professionals, and,
finally, the inefficiency of the national Guardianship system which deprives children of
any actual possibility to participate in the decisions made for them 34.
$OO XQDFFRPSDQLHG PLQRUV HQWHULQJ WKH WHUULWRU\ DUH WUHDWHG DV ³LUUHJXODU
PLJUDQWV´ 35 . Upon arrest they are taken to the Fylakeio detention facility, while
simultaneously decisions of temporary detention are issued. Since the institution of
guardianship does not essentially function in this environment, no actual legal
representation for these children exists. Deadlines for challenging these decisions elapse
without anyone exercising the relevant remedies, leading to final detention and deportation
decisions. AFFRUGLQJWRWKHOHJDOIUDPHZRUNRQ³UHWXUQ´as prescribed by Law 3907/2011,
any return before establishing the particular circumstances of the cKLOG¶V family, and the
reasons forcing the child to arrive in Greece, is prohibited. Nonetheless, the invariable
practice of the local authorities is the issuance of mass deportation decisions
indiscriminately, (based on law 3386/2005 and not law 3907/2011 providing for more
safeguards), actually serving as a cause - legal basis for detaining all children, until their
referral to a reception facility is possible.
The Public Persecutors Office is informed of every arrest made. Further on, the
relevant Secretariat of the Ministry of Health is notified - the responsible authority for
PLQRU¶VUHFHSWLRQDQGDFFRPPRGDWLRQ -, in order to trace vacancies in the limited facilities
scattered throughout the country. The minors relationship with their Guardian is limited to
the fact that, the Prosecutor will be the one - the child being totally unaware - issuing the
order allowing the police to transfer the child to the reception centre identified
34
It should be noted that, the problem of Guardianship does not affect children only upon arrival and thus it's not confined in the
border area. It is faced throughout the country by all children until their adulthood. Charging the Prosecuting Authorities with this
additional task has not proved so far a legislative success, considering the number of prosecutors and their responsibilities as such
alone. It is de facto impossible, even with the outmost possible diligence and effort by them, to develop a personal and individual
relationship with the children as guardianship implies, allowing every prosecutor to become the ³DFWXDOJXDUGLDQ´EHWWHURQthe
³FRPSHQVDWRU\ SDUHQW´ needed.
35
The word actually used by the regional authoriWLHVEHLQJ³LOOHJDOPLJUDQWV´
13
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