10. Minors
70
»I could not call my brother in Germany
to tell him that I am alive.«
M.H. (17), from Iraq208
■ M.H. was arrested on November 15, 2010 and
detained in Soufli detention centre with a deportation
order issued on November 20. He was originally registered as adult with the birth date 1/1/1990 while his
claimed birth date is 5.2.1993 and he does not speak
English.
On December 8, 2010 a first fax was sent by GCR to the
authorities informing them about the case of M.H. and
that he was claiming to be a minor.209 On December 17,
2010 the authorities informed us to have sent a paper to
the public prosecutor informing them about M.H. to be
a minor. On December 23, 2010 GCR sent a second fax
to the authorities to ensure the correction of his age. On
January 31, 2011 GCR sent a third fax to the responsible
police and juridical authorities requesting the release
of the minor and informing them that he has an adult
brother in Germany.210 He was detained during all of
the five months in mixed detention in Soufli. The police
assured us that his age was re-assessed and changed
into the claimed date but he remained in detention and
turned 18 in March 2011. On April 18, 2011 the mission
lawyers put an appeal against his ongoing detention
before the court of Alexandroupolis. He was finally released on May 4, 2011 due to the court decision shortly
before the legal maximum of six months detention
could be reached. His official note handed to him upon
release still contains the wrong birth date of 1.1.1990.
»I never received any information about the reasons I am
being detained here or about detention length. I did not
know that I am here in order to be send back. […] The
situation inside the cell is horrible. I have 25 days to take a
shower. I could not call my brother in Germany to tell him
that I am alive. In the cell we have a lot of fights for food,
for some place to sleep, for anything. I just got beaten by
an elder detainee.«211
M.H. stayed almost six months in detention. Upon his
release the boy did not have even one euro to travel to
Athens. When we met him in Athens we have noticed
that he had five scars on his arm. He told us that he used
to self-injure himself every month of detention.
208 M.H. from Iraq; December 19, 2010; February 28, 2011; April
14, 2011 – Soufli; May 2011-Athens
209 Protocol number: GCR 526/2010.
210 Protocol number: GCR 80/2011.
In most of the cases, minors interviewed during our
missions told us that they have been advised both prior
to their arrival to Greece by co-nationals and post to it,
by the officers proceeding with their registration, that
claiming to be minors would lead to longer confinement.
In fear of being detained for longer periods under these
appalling conditions, many minors claim to be adults in
order to be released sooner.
There is no clear framework, which can guarantee the
proper screening and registration procedure, carried out
by the authorities. Neither the presence of Frontex can be
of any guarantee. In most of the cases, wrong registration
occurred due to lack of proper interpretation, arbitrary
assessment, lack of representation and lack of qualified and
train personnel on cultural, linguistic differences. Furthermore there’s not a clear way to put a complaint against
these wrong registrations. During our missions and in talks
carried out with Greek police officers and Frontex personnel in detention camps, we’ve been told that in practice
Frontex stands to support the Greek authorities during the
procedures. But officially they have no right to assess, so as
written on the documents it’s »under Frontex suggestion«.
»Why do I have to stay here, and the others
are being released?«
A.M. (17), from Iraq207
■ The boy was arrested on the 23rd of October 2010
and falsely registered as adult. He was brought to Venna
detention centre where he remained for more than four
months. »Why do I have to stay here, and the others are
being released,« he asked us.
The wrong registration was corrected after an intervention of a GCR lawyer and he was transferred to Fylakio
detention centre due to the lack of special cells for
minors in Venna. The public prosecutor for minors was
informed about A.M. by the police of Fylakio. On the
15th of April we were informed by other minors that
there was one of them being detained for more than 5
months. They said he was getting crazy because he did
not know why the other minors were being released
after 1-3 months while he was still in detention. On the
3rd of May 2011 and after another intervention of a
GCR lawyer he was finally released and sent to Konitsa
reception centre for minors.
211 M.H. from Iraq; December 19, 2010 – Soufli
207 A.M. from Iraq (17); April 15, 2011– Fylakio (first detained in
Venna)
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