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Administratively detained irregular migrants and asylum seekers
the provisions on the return of third country nationals, “take due
account of the health situation of the third country nationals and
respect the principle of non-refoulement”. According to Article 30 of
the aforementioned law, third country nationals who are the subject
of return procedures “are kept in detention in order to prepare the
return and to carry out the removal process, only if, in a specific
case, no other adequate but less restrictive measures can be applied
effectively” and the detention “is imposed and maintained for as
short a period as possible and as long as removal arrangements are in
progress and executed in due diligence. In any case, the imposition or
continuation of the measure of detention must take into account the
availability of adequate detention facilities and the ability to provide
decent living conditions for the detainees”. Furthermore, under Article
31, “emergency health care and essential treatment is provided to
detained third country nationals. Particular attention shall be paid to
the situation of vulnerable persons”. Additionally, in accordance with
Article 29 of that Law, during the period of voluntary removal of a
third country national and during the period when the removal has
been postponed, the competent authorities shall ensure that they are
able “to provide emergency healthcare and necessary treatment in
accordance with Article 84 par. 1 of L.3386 / 2005” but also to “take
into account the special needs of vulnerable persons”.
It should be noted that under Article 18 (i) law 3907/2011,
the concept of “vulnerable persons” includes minors, unaccompanied
minors, disabled people, elderly people, pregnant women, women
having recently given birth, single parents with minor children and
persons who have been subjected to torture, rape or other serious
forms of psychological, physical or sexual violence or exploitation as
well as victims of trafficking.
However, according to the “Return Handbook”, “contrary to the
definition of vulnerable persons used in the asylum acquis (see for
instance: Article 21 of the Reception Conditions Directive 2013/33/
EU or Article 20(3) of the Qualification Directive 2011/95/EU), the
definition in the Return Directive is drafted as an exhaustive list. The
need to pay specific attention to the situation of vulnerable persons
and their specific needs in the return context is, however, not limited
to the categories of vulnerable persons expressly enumerated in
Article 3(9). The Commission recommends that Member States should
also pay attention to other situations of special vulnerability, such
as those mentioned in the asylum acquis: being a victim of human
trafficking or of female genital mutilation, being a person with serious
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