written order to leave the country within thirty days.155 On August 1, 2008, Greek
authorities were holding a total of 269 children in administrative detention
throughout the country.156
The authorities, however, told Human Rights Watch that they have no means of
deporting certain foreign nationals, such as Afghans and Somalis, because their
embassies do not cooperate.157 Where it is not possible to enforce deportation for
these groups, there appears to be no legal ground that would permit administrative
detention. That notwithstanding, children who enter Greece from Turkey through the
Evros border region, as well as those who are sent to detention centers in the same
area, are regularly detained for the full three months.
Children may face additional risks in the detention centers in which they are placed
by the authorities. In some centers, children are held together with adults, contrary
to international standards, and some children interviewed by Human Rights Watch
were subject to ill-treatment at the hands of fellow adult detainees. Furthermore,
detention conditions in some facilities where unaccompanied children are held
amount to inhuman and degrading treatment.158 Children in administrative detention
are not entitled to legal aid free of charge and rarely have access to pro bono lawyers.
Public prosecutors entrusted to act as their temporary guardians believe that they
cannot challenge children’s detention.159
Recently adopted legislation does specify that the detention and confinement of
children who seek asylum should be avoided.160 However, as has been described in
the previous chapter, this is a minority of migrant children.
155
Law 3386/2005 Article 76, para. 4.
156
Reply by the Deputy Minister of Interior to a Member of Parliament, August 11, 2008. Human Rights Watch has a copy of
the reply on file. It is not clear how many of these children are unaccompanied. Thirty-two were kept in the Amygdaleza
detention center for unaccompanied children, 64 in Mitilini, Lesvos Island, 35 on Samos Island, 24 on Rhodos Island, 12 in the
Evros region, 79 in Attika region (among those 33 in Petrou Ralli detention center), and 55 children were detained in the rest of
Greece.
157
Human Rights Watch interview with Anastasios Festas, general manager, Aliens’ Division of Attica, Athens, June 4, 2008.
See also Human Rights Watch, Greece – Stuck in a Revolving Door, p. 35.
158
For a full discussion of detention conditions in Greece see: Human Rights Watch, Greece – Stuck in a Revolving Door, pp.
68-85.
159
For a discussion about the guardianship system, see chapter II.
160
Presidential Decree 90/2008, art. 13.4 (b).
Left to Survive
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