rendering the detention unlawful.129 In assessing the detention of vulnerable migrants, the ECtHR also looks at possible Article 3 ECHR violations and the corresponding “minimum level of severity” analysis, taking into account possible vulnerabilities such as age, sex, physical and mental health of the applicant.130 If Article 3 ECHR would indeed be violated, the detention as such would by definition violate Article 5 § 1 ECHR. 131 When it comes to detaining minor migrants, the ECtHR has repeatedly held that the best interest of the child should always take precedence, regardless of whether children are alone or detained with their parents.132 In this context, the Court has repeatedly found that states violate the Convention on multiple grounds when they detain children – in terms of the detention conditions and in terms of the “right to be free” with regard to Article 5 ECHR. In Popov v. France the Court held that French authorities violated Articles, 3, 5 (1), 5 (4), and 8 when they detained a family for two weeks in an administrative detention centre.133 In Popov the Court stated that “[T]he child’s extreme vulnerability is the decisive factor and takes precedence over considerations relating to the status of illegal immigrant (…). ... [C]hildren have specific needs that are related in particular to their age and lack of independence, but also to their asylum-seeker status.”134 The Court also noted that even though the family was separated from other detainees, the facility lacked proper beds and play areas”.135 2. Detention of Vulnerable Persons in the Kos PRDC a. Generally As a rule, the police do not detain pregnant woman, families with children under six months, and recognized unaccompanied minors. In general, we have also found that the police are willing to release people who they know to be “type A” vulnerable,136 meaning that RIS has found them to be a member of a vulnerable group, such as a survivor of gender-based violence. In practice. however, the police do detain many vulnerable persons, regardless of whether they have been officially recognized as such or not. Since opening our office in January 2021, our clients have included survivors of torture and gender-based violence, families with minor children, unaccompanied minors in the age assessment procedure, and people with serious medical conditions. We have found that vulnerable persons are detained because of one of two reasons: either they are recognized as Type A vulnerable and they or the police are not aware of this, or they have not had access to a proper vulnerability assessment and so are not officially recognized as vulnerable. i. Persons Recognized as Vulnerable by the Greek Authorities We have found that the police generally do not detain or are willing to release people who are officially recognized as Type A vulnerable. However, we have learned that the police are often unaware whether or not a person is vulnerable. This happens because RIS conducts the vulnerability assessment and then files the 129 130 131 132 ECtHR, Judgement of 05/07/2011, No. 8687/08, Rahimi v. Greece, para 108. ECtHR, Judgement of 27/01/2015, Nos 36925/10 et. al., Neshkov and Others v. Bulgaria, para 227 with further references. ECHR, Judgement of 05/11/2015, No. 58399/11, A.Y. v. Greece, para. 88. See e.g., ECtHR, Judgement of 24/10/2012, No. 14902/10, Mahmundi and Others v. Greece, ECtHR, Judgement of 12/07/2016, No. 11593/12, A.B. and Others v. France, A.B. and Others, ECtHR, Judgement of 05/07/2011, Rahimi v. Greece. 133 ECtHR, Judgement of 19/01/2012, Nos. 39472/07 & 39474/07, Popov v. France, para 91. 134 Ibid. 135 Ibid at 95. 136 After asylum seekers arrive and register with RIS they undergo a medical, and in some cases, psychological assessment to determine if they have any vulnerability. Whether a person is vulnerable is noted in a person’s RIS file using the system of Type A, Type B, and Type C vulnerable. A person who is Type A vulnerable is considered vulnerable within the meaning of the IPA – i.e. they are a member of a vulnerable group. Type B vulnerability includes people who are not vulnerable but for another reason require special accommodation and Type C means that there is no vulnerability. 18 DETENTION OF MIGRANTS ON THE ISLAND OF KOS