deported under an administrative procedure.322 There is no provision in Greek law
that requires authorities to assess whether a deportation of an unaccompanied child
is in his or her best interests, or whether adequate care is available upon return.
Equally, the readmission agreement between Greece and Turkey for third-country
nationals does not contain any special provisions for unaccompanied children.323
Greek law only provides for the safe repatriation of recognized trafficking victims.324
Deportation orders mandate a person to leave Greece within a maximum of thirty
days.325 The failure to do so may result in repeated detention followed by the issuing
of another deportation order (see chapter V).326
A person has the right to appeal a deportation order within five days after
notification.327 The police, the body that issues deportations, also reviews the
appeals.328 Human Rights Watch interviewed children shortly after their release from
detention on Lesvos Island. All had been issued a deportation order. Not only were
they unaware of their right to challenge these deportation decisions, they didn’t
know what the order in Greek said. Some were of the mistaken view that the
deportation order legalizes their stay for one month and allows them to travel
onwards to another country.
322
Law 3386/2005, art. 76; According to article 79(1) of the same law, only children who have asked for asylum, children
sentenced by a juvenile court, or children whose parents reside legally in Greece are exempt from expulsion.
323
The cooperation agreement provides that both states agree to readmit persons, their own nationals as well as thirdcountry nationals, who have crossed illegally from one country to the other. Agreement between the Hellenic Republic and the
Republic of Turkey on cooperation of the Ministry of Public Order of the Hellenic Republic and the Ministry of Internal Affairs of
the Republic of Turkey on combating crime, especially, terrorism, organized crime, illicit drug trafficking and illegal
immigration, January 20, 2000, art. 8.
324
Law 3064/2002, art. 13. The article provides that trafficking victims “are repatriated by safe means without their dignity
being abused. For the repatriation of a child victim it is necessary for the competent prosecutor of minors to agree with the
report of the officer of minors prepared for this purpose.” (unofficial translation). The bilateral agreement between Albania
and Greece for the assistance of child victims of trafficking provides for the safe repatriation of children. Greece ratified this
agreement in August 2008, but has not applied it at the time this report went to press. Agreement between the Government of
the Hellenic Republic and the Council of Ministers of the Republic of Albania for the protection and assistance of children
victims of trafficking, art. 14;“Greece has yet to ratify a 2004 child repatriation agreement negotiated with Albania,” US State
Department, Office to Monitor and Combat Trafficking in Human Beings, “Trafficking in Persons Report 2008: Greece,“ June 4,
2008, http://www.state.gov/g/tip/rls/tiprpt/2008/ (accessed September 12, 2008).
325
Law 3386/2005, art. 76.
326
Human Rights Watch interviewed several adults who wanted to leave Greece but were unable to because they neither had
money for a ticket nor valid documentation.
327
Law 3386/2005, art. 77.
328
Ibid.
95
Human Rights Watch December 2008
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