FORGOTTEN
Administratively detained irregular migrants and asylum seekers
illness or with mental disorders. Likewise, the need to pay specific
attention to the situation of vulnerable persons should not be limited
to the situations expressly referred to by the Return Directive (during
the period of voluntary Removal, during postponed return and during
detention). The Commission therefore recommends that Member
States should pay attention to the needs of vulnerable persons in all
stages of the return procedure”.
ΙΙ. Findings
It is obvious that detention is a particularly burdensome measure for
people who face health problems/disabilities. Not only it does not
facilitate the treatment of their problems, but it is also likely to worsen
them. Therefore, to the extent that, according to the legislation,
detention is a last resort measure, it is obvious that it should be
avoided for those with health/disability problems as the Member
States should apply alternatives to detention in their case. From the
above international, European or national laws, it is concluded that:
• Member States should ensure the protection of health
both in terms of prevention and in terms of treating health
problems.
• Detention of irregular immigrants and asylum seekers is an
exceptional measure applicable only if in a particular case
other adequate and less restrictive measures cannot be
effectively implemented.
The combination of the above sets out a framework which should be
part of the treatment of irregular immigrants and asylum seekers who
face health/disability problems.
Furthermore, the material conditions of detention in our country
diverge significantly from the provisions in the legislation and the
international standards. Among other issues, severe problems are
observed regarding food, heating, hygiene and healthcare. It is obvious
that these conditions aggravate the situation of the detainees with
health problems.
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