FORGOTTEN 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 49

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