Children who do not apply for asylum or whose claims are rejected fall under
the provisions of Law. No 3907/2011 22 on ³return of third country nationals´,
prescribing the Best Interest of the Child as a guide to the relevant decision. A minor
can only be returned to a country that a family member or another person suitable for
WKH FKLOG¶V FDUH DQG XSEULQJLQJ is found to be residing. If this is not possible, the
minor can only be relocated to a country in which the appropriate accommodation and
care facilities exist. Detention until the actual return is provided ³RQO\DVDODVWUHVRUW´,
during which children should be entitled to recreational activities and playtime,
education and other activities favoring their age, depending on the time spent in
detention premises. 23 A similar provision is not found in P.D 114/2010, where no
mention is made regarding the activities offered by a detention regime when it comes
to asylum seeking minors. Therefore, the existing laws apply different standards
GHSHQGLQJ RQ WKH FKLOG¶V legal status. The basic standards for detention conditions
should proportionally be considered applicable to all minors regardless of their legal
status.
Detention conditions are regulated primarily by the European Committee¶V for
the Prevention of Torture Standards (CPT)24 and other International Human Rights
instruments and organs that Greece is a signatory on 25. Among others, three basic
rights are underlined: the right to outdoor activities ± yarding
22
26
, sufficient living
/DZ³(VWDEOLVKPHQWRIDQ$V\OXP6HUYLFHDQGD)LUVW5HFHSWLRQ6HUYLFHDGDSWDWLRQRIWKH*UHHNOHJLVODWLRQWRWKH
SURYLVLRQV RI 'LUHFWLYH (& ©ZLWK UHJDUG WR WKH Fommon rules and procedures in Member States for the return of
illegally staying third-FRXQWU\QDWLRQDOVªDQGRWKHUSURYLVLRQV´
23
a. 20, 25, 32 of L. 3907/2011
24
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) Standards
CPT/Inf/E (2002) 1 - Rev. 2010 English
25
Primarily, article 3 of the ECtHR ( the prohibition of torture and all forms of inhuman or degrading treatment ) and its
application in the context of detention conditions by the ECHR , whose inadequacies under certain circumstances can amount to
a violation of the above mentioned article.
26
According to CPT a detained held more than 24 hours must have access to outdoors activities. In the same reasoning see also
e.g ECHR, Price v. the United Kingdom / ȉabesh v. Greece ª © 0LVjSDUWOHVSUREOqPHVGHSURPLVFXLWpHWG¶K\JLqQH
WHOV TX¶LOV VRQW UHOHYpV SDU OHV UDSSRUWV SUpFLWpV OD &RXU HVWLPH TXH OH UpJLPH DIIpUHQW j OD SRVVLELOLWp GH ORLVLUV HW j OD
UHVWDXUDWLRQ GDQV OHV ORFDX[ GH SROLFH R OH UHTXpUDQW D pWp GpWHQX SRVH HQ VRL SUREOqPH SDU UDSSRUW j O¶DUWLFOH GH OD
&RQYHQWLRQ(QSDUWLFXOLHUO¶LPSRVVLELOLWpPrPHGHVHSURPHQHURXGHSUDWLTXHUXQHDFWLYLWpHQSOHLQDLUSRXUUDLWIDLUHQDvWre
FKH]OHUHTXpUDQWGHVVHQWLPHQWVG¶LVROHPHQWGXPRQGHH[WpULHXUDYHFGHVFRQVHTXHQFHVSRWHQWLHOOHPHQWQpJDWLYHVVXUVRQELHQrWUHSK\VLTXHHWPRUDO.´
10
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