- 45 A psychologist and social worker from the NGO MEDIN were present most weekdays and
the Red Cross visited on Mondays; however, no educational or purposeful activities were offered to
the juveniles and many did not possess adequate clothing or proper footwear. Further, they had no
information about their length of stay in the facility or what would happen to them. Some of the
juveniles had been in detention for more than six months in various police establishments around
the country.
The holding facility had no specific operating rules and was essentially run like a police
detention facility, albeit the police officers were more accommodating to the juveniles’ needs.
However, the police officers had no specific training for working with irregular migrants, let alone
unaccompanied minors. As regards discipline, whenever a juvenile posed a problem he would be
transferred to Petrou Ralli.
79.
In the light of the findings of its delegation at the Amygdaleza Special holding facility for
unaccompanied minors as well as in other establishments where juvenile irregular migrants were
being held, the CPT considers that the Greek authorities must take concerted steps to provide better
care and support to this vulnerable group.
In this context, it wishes to recall the CPT’s position that every effort should be made to
avoid resorting to the deprivation of liberty of an irregular migrant who is a minor. Following
the principle of the “best interests of the child”, as formulated in Article 3 of the United Nations
Convention on the Rights of the Child, detention of children, including unaccompanied children, is
rarely justified and, in the Committee’s view, can certainly not be motivated solely by the absence
of residence status. When, exceptionally, a child is detained, the deprivation of liberty should be for
the shortest possible period of time;48 all efforts should be made to allow the immediate release of
unaccompanied children from a detention facility and their placement in more appropriate care.
Further, owing to the vulnerable nature of a child, additional safeguards should apply whenever a
child is detained.
This approach was confirmed by the European Court of Human Rights, which, on several
occasions, held that the administrative detention of children in an adult detention centre with a view
to their deportation had amounted to inhuman treatment.49
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 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. At present, it appears that a prosecutor is the
legal guardian of an unaccompanied minor; however, in practice, there is absolutely no contact
between the guardian and the child, who is merely left in limbo awaiting a decision at some point
on his future.
48
49
According to Article 17 (1) of the EU Returns Directive 2008/115/EC, unaccompanied minors and families
with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time.
Article 17 (5) of the Directive states that the best interest of the child shall be a primary consideration in the
context of the detention of minors pending removal.
See European Court of Human Rights, Mubilanzila Mayeka and Kaniki Mitunga v. Belgium, Judgment of 12
October 2006; Muskhadzhiyeva and Others v. Belgium, Judgment of 19 January 2010; and Popov v. France,
Judgment of 19 January 2012.
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