Guardianship
56. Despite the adoption of L 4960/2022 as referred to in para 30 of the Updated Action
Plan, the guardianship system for unaccompanied children has not been implemented
to date. In March 2023, the Special Secretary for Protection of Unaccompanied
Children informed the European Commission of a “significant setback in our planning
with guardianship”, since the direct contract awarded by the Ministry of Migration and
Asylum to specific organisations was deemed unlawful by the Court of Auditors
(Ελεγκτικό Συνέδριο). This means that guardianship of unaccompanied children
continues to lie with the territorially competent Public Prosecutor. 92
Reception of unaccompanied children
57. In the last months, Greece faced a substantial “shortage of capacity in UAM shelters…
acknowledged by all involved actors”.93 The European Commission stated that “the
situation is becoming alarming” in January 2023,94 though more recent exchanges in
April 2023 mention that capacity has been freed up.95
Detention conditions
58. Greece continues to use detain people in police stations under conditions far below
Article 3 ECHR standards, despite renewed recommendations to cease the practice
inter alia from the Council of the European Union.96 At the end of 2022, 316 people
were held in police stations throughout the country on immigration grounds.97
59. As for pre-removal detention centres, the Council of the European Union has urged
Greece to “ensure that material detention conditions and the detention regime,
particularly in Tavros, Amygdaleza and Kos, always comply with the fundamental rights
standards and reflects the nature of the deprivation of liberty, by ensuring sufficient
time outside the cell, adequate furniture and hygienic conditions, the possibility to
access open-air space and by providing for recreational activities”. 98 The European
Commission has more recently noted that the Drama pre-removal centre “main facility
has not been renovated”.99 These observations would give reason to doubt the views
92
93
94
95
96
97
98
99
European Commission, Exchange of Emails between the Head of the Task Force Migration
Management and the Special Secretary for Protection of Unaccompanied Children,
Ares(2023)1838411, March 2023.
European Commission, Task Force Migration Management Mission Report – Athens/Lesvos,
Ares(2022)8851878, December 2022, 2.
European Commission, Key takeaways from Meeting with Mr Logothetis,
Ares(2023)2923244, 11 January 2023.
European Commission, Conclusions of the Meeting with Sec Gen Logothetis – 07.04.2023,
Ares(2023)2923660, 10 April 2023.
Council of the European Union, Council Implementing Decision setting out a
recommendation on addressing the deficiencies identified in the 2021 evaluation of
Greece on the application of the Schengen acquis in the field of return, 13662/21, 10
November 2021, para 7.
RSA, Immigration detention in 2022: Sharp rise in detention orders, no access to remedies
and legal aid in Greece, April 2023, 6.
Council of the European Union, Council Implementing Decision setting out a
recommendation on addressing the deficiencies identified in the 2021 evaluation of
Greece on the application of the Schengen acquis in the field of return, 13662/21, 10
November 2021, para 9.
European Commission, Field visit to the Greek – Turkish land borders (21-24 March 2023),
Ares(2023)2924332, 30 March 2023, 3.
17
RSA COMMENTS│ 2023
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