»The truth may be bitter, but it must be told«
■
■
■
■
■
■
of juveniles and children. In practice, unaccompanied
minors are left homeless and without any protection
after release.
The maximum period of administrative detention is
three months. Although deportation orders cannot be
implemented in the majority of cases, and deportation
has to be suspended (with the effect that detention
would have to cease according to Greek law), those
concerned remain in detention. This administrative
practice appears arbitrary. The length of detention is
determined by the respective police authority concerned.
There are no professional interpreters any of the three
islands visited. At the police stations, amongst the coast
guards and in the detention centres, fellow detainees
are usually used as interpreters. In Samos, the Arabicspeaking owner of a shop acts as an interpreter.
Legal assistance is not provided by law during the
administrative process. Detained refugees have very
little opportunity to receive qualified legal advice:
In the detention centres we visited, there was only one
person providing legal advice on a very limited basis.
The local support groups have no access to the detention
centres. The detainees cannot establish contact with
the outside world (there is no accessible phone in
Samos and Mitilini and mobile phones are confiscated).
Detainees are not informed about their status and their
rights – not even after release from detention. They
do not understand the documents attesting release.
The deportation orders are handed to them in Greek.
There is effectively no possibility of appeal against
deportation orders and detention. Although provided
for by law, in practice this right can rarely be exercised.
The issuing of deportation orders and the subsequent
detention of any person arriving irregularly at Greece,
including all persons in need of international protection,
constitutes a breach of international refugee law and
human rights. This practice also leads to violations of the
principle of non-refoulement.
Their official registration as asylum seekers or persons
in need of international protection is not required for their
protection (art. 33 (I) of the 1951 Geneva Convention on
the status of refugees, art. 3 ECHR, art. 3 UNCAT, art. 7
ICCPR, art. 3 and 14(I) of the 1948 UDHR ).
Furthermore, penalties must not be imposed on refugees
on account of their illegal entry into or presence in a
contracting state (article 31(1) Geneva Convention).
The entire administrative procedure for refugees
and migrants at the border violates fundamental human
rights, in particular the right to a fair hearing and the right
to access to a fair procedure and the right to an effective
appeal (article 5(2), 5(4) 6(1) ECHR, article 13 ICCPR,
article 7, 8 UDHR). Apart from that, the Greek authorities
are in breach of article 5 of the EU Reception Directive
according to which asylum seekers have to be fully
informed about their rights.
The detention of persons in need of international
protection violates international standards. Persons
should not be detained (Art. 31 of the 1951 Geneva
Convention on the status of refugees, art. 5 (I) ECHR,
art. 9 (I), 14(I) ICCPR, art. 3 and 9 UDHR, art.7 (I) of the
EU Reception Directive). Furthermore, the detention
of particularly vulnerable individuals with special needs
of assistance and protection constitutes a major violation
of basic human rights and dignity.
The detention of minors constitutes a flagrant violation
of international law pertaining to the protection of the
rights of the child (art. 37(b) of the UN Convention on
the Rights of the Child, UNHCR guidelines on refugee
children). Greece is furthermore in violation of the
minimum standards relating to the protection of minors,
as prescribed by EU law (namely article 17, 18 and 19
of the EU Reception Directive).
Inhumane and degrading conditions of detention
Detention conditions on all three islands visited
constitute inhuman and degrading treatment.
■ No special provisions are made for vulnerable groups,
such as minors, torture victims, victims of trafficking,
disabled persons or persons with physical and
psychological problems.
■ Medical treatment offered in the detention centres of
Chios, Samos an Mitilini is wholly insufficient.
■ Access to exercise yards and to fresh air was not being
regulated in Mitilini and Samos. Very often doors were
kept locked for several days. In Mitilini, refugees from
Arabic countries were being denied all exercise in fresh
air at the time of our visit.
■ In all three centres, there are serious concerns about
the quality of drinking water and food.
■ Sanitary installations are extremely dirty and partially
broken. There are insufficient toilets and shower
facilities for the great number of detainees.
■ Detainees are not provided with sufficient sanitary
articles for their personal hygiene. They are not provided
with appropriate clothes.
■ There are no central meeting rooms, and no activities
are offered. In the cells, which we were able to inspect,
there was no furniture apart from beds.
■ None of the buildings provides shelter against the heat
Summary, conclusions and demands
7