on an unsubstantiated preconception of some, as “economic migrants”, others (e.g. Syrians), as inextricably bound by the clauses of the Statement, and both deemed returnable
(or “bogus asylum seekers”) before any individualized examination of their cases can
even take place.44
Furthermore, and though this “pilot project” has been allegedly enforced only against
single, healthy, men, in both islands (Kos and Lesvos) a lack of proper vulnerability
screening for these individuals was observed.45 As a result, there have been cases of
highly vulnerable persons, suffering from acute psychological issues (e.g. suicidal
tendencies) either prior to their arrival in Greece or, most worryingly, following their
detention, that have been treated in this way.46 Lastly, and on top of that, in both Kos
and Lesvos these arbitrarily detained asylum seekers would at first, when called before
the asylum service for their interviews, be treated as less than criminals, as the police
would transfer them at the competent RAO without even removing their handcuffs.47
It is to be stressed that this highly arbitrary and discriminatory treatment, which inter
alia also contravenes the very foundations of the Geneva Convention,48 amounts to a
highly degrading and humiliating treatment enacted against applicants of international
protection.
“The Contracting States shall apply the provisions of this Convention to refugees
without discrimination as to race, religion or country of origin.” Article 3 (nondiscrimination) of convention and protocol relating to the status of refugees
Conditions of Detention
On the 22nd of December 2017 and the 10th of January 2018, respectively, we visited
the Pre-Removal detention Center at Fylakio, Evros, and the Pre-Removal detention
Center at Pyli, Kos. That is, two of the main border facilities where third country nationals and stateless persons are detained as part of both their asylum procedures and of
the Pre-RIC detention practice examined in the preceding chapter.
Arguably, the Pre-Removal detention Center of Kos, which at the time housed some 82
persons from (primarily) Pakistan, Syria and Iraq,49 was relatively to the rest of the
border (and broader) detention facilities in somewhat adequate condition.50 Nevertheless, significant issues still persisted, inter alia regarding the facility’s infrastructure
(electric coverage and plumping issues) and its ongoing non-separation between different categories of applicants (e.g. gender-based separation of single applicants or families). The latter, especially, had been an issue observed by both the Committee on Civil
Liberties, Justice and Home Affairs in its May 2017 visit,51 as well as a parallel GCR
mission conducted in December 2017,52 during which it was observed that the scarce
female applicants detained in the facility were kept in the same space with single men,
leading to their exposure to the risk of SGBV.53
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