At the end of the visit, the delegation invoked Article 8, paragraph 5, of the Convention and requested
that the Greek authorities take immediate steps to end the practice of holding children at the
establishment, in line with the principle of the best interest of the child. Instead, children should be
transferred together with their parents to appropriate open accommodation, capable of catering for
the children’s needs. In their communication of 12 February 2024, while indicating that efforts were
made to reduce to a minimum the stay of children with their parents in the existing facilities, the
Greek authorities did not address the CPT’s main concern.
Therefore, having regard to the principle of the “best interests of the child”, as set out in the
International Convention on the Rights of the Child,19 and the case law of the European Court on
Human Rights,20 the CPT recommends that the Greek authorities end the detention of children
at Athens Airport Special holding facility and transfer any child placed at the facility, together
with their parents, to appropriate open accommodation, capable of providing adequate
support and care for these children.
5.
Pre-removal detention centres
a.
preliminary remarks
65.
The CPT has consistently advocated that persons deprived of their liberty under immigration
legislation should be accommodated in centres specifically designed for that purpose, offering
material conditions and a regime appropriate to their legal situation. Care should be taken in the
design and layout of such premises to avoid, as far as possible, any impression of a carceral
environment. The Committee has also repeatedly set out the minimum conditions under which these
persons should be held.21
66.
In the past, the CPT has been highly critical of the carceral design of the pre-removal
detention centres in Greece, which have a primary focus on security and containment. The fenced
detention perimeters with several layers of rolls of barbed wire on top of the fences, prefabricated
containers or shelters, observed notably at Kos, Fylakio and Paranesti PRDCs and, to a lesser
extent, also in Corinth and Xanthi PRDCs, are inappropriate. Further, it is still the case that the barred
cells in the police pen-like centres of Fylakio and Tavros (Petrou Ralli) provide for a prison-like
environment.
The CPT recommends that the Greek authorities review the high-level security standards for,
and improve the design of, all pre-removal detention centres to render them less carceral, in
line with the Committee’s standards on immigration detention.22
67.
The CPT found that many of the Committee’s previous recommendations have not been
implemented and it remains the case that – due to their carceral design and their poor material
conditions and regime – most of the pre-removal detention centres visited do not provide an
appropriate environment for holding foreign nationals deprived of their liberty under immigration
legislation for prolonged periods. In addition, healthcare services often remained insufficient to meet
the needs of the persons detained, and the centres were not staffed with suitably qualified personnel.
Consequently, the CPT calls on the Greek authorities to reform their immigration detention
system and ensure that foreign nationals deprived of their liberty under immigration
legislation are held in suitable premises, offering material conditions and a regime
appropriate to their legal situation and staffed by suitably qualified personnel.
19. See Committee on the Rights of the Child, General Comment No. 14 (2013) on the right of the child to
have their best interests a primary consideration (Article 3(1)) of the International Convention on the Rights of
the Child, CRC/C/GC/14; and United Nations Global Study on Children Deprived of Liberty, A/74/136,
11 July 2019.
20. See, inter alia European Court of Human Rights, H.A. and Others v. Greece, no. 19951/16,
28 February 2019; and Mahmudi and Others v. Greece, no. 14902/10, 31 July 2012.
21. See the report on the CPT’s 2013 visit (CPT/Inf (2014) 26), paragraph 51 and the CPT Factsheet on
Immigration detention of March 2017 (CPT/Inf (2017) 3), Section 4.
22. See the CPT’s factsheet on Immigration detention, CPT/Inf (2017) 3), 10 March 2017.
20
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents