- 63 The juvenile claimed that he had not been allowed to leave the detention area in the three
weeks since his detention and that for most of the time he had effectively been held in conditions
akin to solitary confinement, as police officers almost never entered the detention area and only
rarely had there been other detained juveniles with whom he could associate. Further, he had not
been offered any activities or access to outdoor exercise, and did not receive any hygiene products.
In the CPT’s view, placing a juvenile for several days or weeks in police custody for
“protection” purposes instead of providing him with accommodation in an appropriate shelter for
juveniles is unacceptable. When exceptionally a child is detained, the deprivation of liberty should
be for the shortest possible period of time; every effort should be made to allow the immediate
release of an unaccompanied child from a detention facility and his/her placement in more
appropriate care. Further, owing to the vulnerable nature of a child, additional safeguards should
apply whenever a child is detained.67
For the CPT, there is no justification for detaining unaccompanied minors in police stations
in conditions akin to solitary confinement and especially not for such lengthy periods. The
Committee recognises the difficulties faced by the authorities of placing unaccompanied migrants
who are minors in appropriate care homes. Nevertheless, the children’s welfare should come first
which, by definition, should exclude accommodating them in police stations.
The Committee recommends that the Greek authorities make every effort to end the
detention of unaccompanied minors in police detention facilities. Further, if exceptionally they
are deprived of their liberty as a last resort, they should be offered opportunities to enjoy
outdoor exercise and participate in purposeful out-of-cell activities. Additional interventions
by staff should be made whenever a minor is held on his/her own.68
106. The CPT’s delegation paid a follow-up visit to the Amygdaleza Special holding facility for
unaccompanied minors and found that the situation had not fundamentally improved since 2013.69
At the time of the visit, 39 juveniles were being held in the facility with no organised activities
provided and no access to outdoor exercise, other than the possibility to kick a ball around within a
small concrete yard fully sheltered and enclosed with metal bars.
The juveniles were provided with no information on how long they would be detained in the
facility except that the average period had decreased to about two months, depending on the
availability of places in the NGO-run care homes.70 Nevertheless, a number of juveniles had also
spent several months in detention in other facilities such as Petrou Ralli or the adult Amygdaleza
pre-departure centre.
67
68
69
70
As soon as possible after the presence of a child becomes known to the authorities, a professionally qualified
person should conduct an initial interview, in a language the child understands. An assessment should be made
of the child’s particular vulnerabilities, including from the standpoints of age, health, psychosocial factors and
other protection needs, including those deriving from violence, trafficking or trauma. Unaccompanied or
separated children deprived of their liberty should be provided with prompt and free access to legal and other
appropriate assistance, including the assignment of a guardian or legal representative. Review mechanisms
should also be introduced to monitor the ongoing quality of the guardianship.
Steps should be taken to ensure a regular presence of, and individual contact with, a social worker and a
psychologist in establishments holding children in detention.
See CPT/Inf (2014) 26, paragraph 78.
There are currently only 400 places in 10 specialised shelters for minors available throughout Greece. By end
of July 2015, about 100 unaccompanied minors were being held in detention centres throughout Greece due to
the lack of alternative housing facilities.
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