FORGOTTEN
Administratively detained irregular migrants and asylum seekers
On 1/6/2016, R.F. was arrested and transferred to the Women’s
Detention Center of Helliniko, while a return decision was
issued against her. On 13/7/2016, our Organization requested
the Children’s Ombudsman mediation in order to ensure that
the minor would be accorded the appropriate treatment. On
25/7/2016, the Children’s Ombudsman referred to the Juvenile
Prosecutor. On 3 August 2016, our Organization informed the
latter about this case. The following day, «Arsis» NGO submitted
an application to the Juvenile Prosecutor in order to assign
the girl’s custody to her mother. We note that, as reported in
the above-mentioned application, R.F. attempted to commit
suicide and was transferred to the Athens General Hospital
“Evagelismos on 2/8/2016”. Finally, the Prosecutor ordered her
release on 4/8/2016. As shown above, R.F. had been detained
for two months at the Women’ Detention Center of Helliniko
with adult women, without the competent authorities taking
care to provide for her transfer to an accommodation center
for minors or her reunification with her mother.
l. Detention of asylum seekers
i. Legal framework
According to article 12 of P.D. 113/2013:
«1. An alien or stateless person who applies for international
protection shall not be held in detention for the sole reason that he/
she has submitted an application for international protection, and
that he/she entered and stays illegally in the country. 2. An alien
or a stateless person who submits an application for international
protection while in detention shall remain in detention, if this has been
imposed pursuant to the applicable law. If detained according to the
relevant provisions of Law 3386/2005 and Law 3907/2011 as in force,
exceptionally and if it is judged that alternative measures may not
apply, as the ones mentioned in article 22 par. 3 of Law 3907/2011,
he/she shall remain in detention for one of the following reasons: a.
For the determination of the actual data of his/her identity or origin,
or b. If he/she constitutes a danger for national security or public
order, according to the reasoned judgment of the police authority,
or c. If detention is deemed necessary for the prompt and effective
completion of the examination of his/her application, including
applications submitted within Regional First Reception Services. In this
case, the examination authorities shall take the necessary measures
for the prompt completion of the procedure. 3. The competent
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