All of the children interviewed in police custody said they had not been given an opportunity
to speak to the police with the help of an interpreter.
Furthermore, all unaccompanied children should be appointed a legal guardian to defend
their best interests and help safeguard against risks like trafficking. None of the children
interviewed by Human Rights Watch while in police custody had met their legal guardian,
nor were they even aware they had one. Unaccompanied children in detention have a right
to recreation and to education, but Human Rights Watch found no evidence that the
unaccompanied children in police stations had access to educational opportunities or
recreational activities.
Unprecedented arrivals pose real challenges for the Greek authorities; but they do not
relieve Greece of its obligation to protect vulnerable children. For years, Greece has
ignored calls to ensure that unaccompanied children are identified and offered protection
and suitable alternatives to detention. Furthermore, at the time of this research,
authorities had yet to fully embrace new emergency, short-term alternatives to detention
developed by the UN refugee agency, UNHCR, and nongovernmental organizations (NGOs).
The abuses documented in this report violate international and European human rights
law, as well as Greek law. The unjustified detention of children for prolonged periods
amounts to arbitrary detention and violates children’s right to liberty. The detention of
children in crowded and unsanitary conditions, without appropriate sleeping or hygiene
arrangements, sometimes together with adults and without privacy, constitutes inhumane
and degrading treatment. In detention, children are denied the care, protection, and
services they need and to which they are entitled.
Children should not be detained based solely on their immigration status. Human Rights
Watch calls on the Greek government to ensure there are sufficient and suitable
alternatives to detention available for all unaccompanied children, and to adapt Greek law
and policy to ensure that if children are detained, it is only in exceptional circumstances,
for the shortest possible period of time, and in conditions that comply with international
standards. The European Union should provide the necessary resources to support such
efforts, and member states should intensify their efforts to relocate asylum-seeking
children out of Greece.
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HUMAN RIGHTS WATCH | SEPTEMBER 2016