be extended for a period of twenty (20) days3. However, in practice, the majority of the UASCs remain in the RIC of Fylakio for much more than 45 days under the legal pretext of “protective custody”, while awaiting to get integrated into sheltering structures through the National Center for Social Solidarity (NCSS), which is the responsible authority for the placement. This widespread practice renders their restriction of movement in a “de facto detention measure”. According to most recent data (May 8th), there are 250 persons under registration and identification procedures at the Reception and Identification Centre (RIC) of Fylakio, among whom 151 are UASCs who remain under “protective custody” following the public prosecutor’s order, who serves as their temporary custodian 4 , while the average time for their transfer to a suitable shelter on the mainland is 6-8 months(!), contrary to the provisions of law5. The “protective custody” status is a total problematic situation in Greece. According to the latest statistics of the National Center for Social Solidarity (NCSS), on 30/04/2020, 276 children were under “protective custody” 6. NCSS highlights in its statistics that this figure refers to the minors which remained in the safe zones until their integration into sheltering structures. At the same period 151 minors remain in the RIC of Fylakio under protective custody waiting for several months to get integrated into sheltering structures. According to the same statistics, 1,699 places in total in long term accommodation (Shelters/SIL) and 659 places in total in temporary accommodation (Safe zones/Emergency hotels) are currently available in shelter facilities for children, while the total number of unaccompanied refugee minors in Greece is 5.0997, thus leaving a significant number of UASCs excluded from any protection system. Taking into consideration the provision of the Greek law8 pertaining to the “protective custody” of persons, it is easy to understand that the relative practice that is applied to UASCs constitutes a violation of this -in any case outdated- provision, since it is imposed as a precautionary administrative measure, and not as a criminal-repressive measure that concerns the restriction of personal liberty. Legal experts have repeatedly noticed the unconstitutionality of this provision from the beginning of its implementation, due to its opposition to Article 5 para. 4 of the Greek Constitution, but also due to its incompatibility with Article 5 of the ECHR. The violation of the abovementioned provisions is mainly based on the argument that the person who is under “protective custody”, on the one hand, 3 According to Law 4375/2016 as amended and in force. See, however, last paragraph of this report for current developments. 5 Article 48 of Law 4636/2019 (Article 11 of Directive 2013/33 / EU). 6 Situation Update: Unaccompanied Children (UAC) in Greece 30 April 2020, EKKA, http://www.ekka.org.gr/images/%CE%A3%CE%A4%CE%91%CE%A4%CE%99%CE%A3%CE%A4%CE%99 %CE%9A%CE%91_2020/EKKA%20Dashboard%2030-4-2020.pdf 7 Situation Update: Unaccompanied Children (UAC) in Greece 30 April 2020, EKKA, http://www.ekka.org.gr/images/%CE%A3%CE%A4%CE%91%CE%A4%CE%99%CE%A3%CE%A4%CE%99%CE %9A%CE%91_2020/EKKA%20Dashboard%2030-4-2020.pdf 8 Article 118 of the Presidential Decree 141/1991 4 5|Page