Despite these positive developments, there was still a complete absence of DYEPs for kindergarten and senior high school (Lyceum) up to February 2017, resulting in the complete exclusion of these age groups from the educational system. school is specified, which means that the children remain without any form of educational integration when the school year is about to end. A similar wait or inability of enrolment due to lack of capacity has also been reported for enrolment in kindergarten in the same areas. As regards the situation on the islands, which reasonably attract the most interest due to the high concentration of refugee/migrant populations, the Ombudsman confirmed that during the first quarter of 2017 no DYEPs had operated, despite the fact that Refugee Education Coordinators had been appointed by the Ministry of Education in Lesvos, Samos and Chios. The fact was attributed to the lack of a relevant order by the Ministry of Migration Policy.227 The reasons for this gap, in facilities where children of all ages stay for long periods of time (accompanied or no), appear to pertain mostly to political choices, due to the temporary nature, officially, of the stay in the Reception and Identification Centers and the open accommodation facilities, the possibility of integration into school serving as a basis to legalise non-removal from the country, the concern regarding the creation of tensions in the local communities, etc. We should however also mention good practices in the findings of 2017, such as the creation of a class (in the form of an informal reception class), in early February 2017, in the evening high school of Mytilini, where 11 children were enrolled.228 The issue of the certification of the level of education for the children that attended or attend the DYEP programme until February 2017 was at the processing stage by the Experts Committee, a fact that contributes without doubt to the preservation of the insecurity, as well as the questions regarding the practical value of completing the year for the children that attend. The granting of certificates to the children that stopped attending the DYEPs because they left Greece, was not standardised and systematic, but an exceptional procedure followed in isolated cases. During the first quarter of 2017, the difficulties identified by the Ombudsman due to the absence of reception classes in the junior and senior high schools (gymnasium and lyceum) of the country continue to exist, resulting in many cases in the exclusion of the corresponding age group (13-18) from school. 6.2. Attendance of regular school curriculum 7. Administrative detention During 2017, the systematic detention of third country nationals for return in police stations outside the Pre-removal Centers that was discovered the past two years, was confirmed, despite the relevant commitments and efforts made by the Hellenic Police.229 The police stations are inappropriate for any stay lasting over a number of days, or even months, since they do not ensure decent living conditions and basic rights for the detainees, such as open-air exercise. The implementation of the European Commission Recommendation of 7.3.2017 on making returns more effective,230 also creates a new field for the expansion of the administrative detention practices. It typically provides for the obligation of the Member States to bring detention capacity in line with actual needs, including by using where necessary the derogation for emergency situations as provided for in Article 18 of the Return Directive (point 10(c) of the Recommendation). Also, there is provision for the obligation of the Member States not to preclude in their national legislation the possibility to place minors in detention, where this is strictly necessary to ensure the execution of a final return decision insofar as Member States are not able to 228 This practice was recorded by the Ombudsman in the framework of the onsite inspection of 10-13 February 2017, which it carried out in Lesvos and it was included in the Authority's document with ref. No. 1500.2/8335/22-2-2017 to the Ministry of Education, on the subject of the access of the children refugees to education in Lesvos. Moreover, especially in certain urban areas of the country, such as the Municipality of Athens, we find also during 2017 an accumulation of pending applications at the Education Directorates for long periods of time, until the enrolment 229 For example, during the Ombudsman's on-site inspections, it was found that on 26.1.2017, in addition to the 182 adult men detained at the Pre-removal Center of Tavros, there were 124 detainees in other police station cells of the Aliens' Police Division of Attica. Also, on 7.2.2017, at the Aliens' Police Division of Thessaloniki, there were 131 adult men held in total, 96 people at the central cells of the Division, deprived of any possibility for open-air exercise, as well as 35 in other police stations. 227 Document of reply No. 292/14-2-2017 of the Ministry of Education to the Greek Ombudsman. 230 https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/ policies/european-agenda-migration/20170302_commission_recommendation_ on_making_returns_more_effective_en.pdf 77

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