on 27 January 2017.17 The Special Rapporteur on the human rights of migrants also
noted that asylum-seeking children are frequently detained for more than 45 days.18
Furthermore, unaccompanied children in Greece also end up in detention due to
inaccurate age assessment procedures. As observed by the GCR, police authorities
systematically rely on X-ray examinations, decisions do not refer to an exact medical
diagnosis and there is no possibility to challenge these.19 The CPT urged Greece to
establish adequate age assessment procedures which also provide for appeal
channels,20 and the Special Rapporteur on the human rights of migrants recommended
that the country “strictly” refrain from detaining children, both unaccompanied and with
families, in conformity with the principles of the best interests of the child and of family
unity.21
In terms of conditions of detention, under Law 3907/2011, whenever possible,
unaccompanied minors are to be accommodated in institutions that have specialist
personnel and facilities whilst families must be provided with separate accommodation
guaranteeing adequate privacy. Detained minors must have the opportunity to engage in
leisure activities, including games and recreational activities appropriate for their age,
and have access to education if they are confined for long periods of time (Law
3907/2011, article 32). In turn, pursuant to Law 4375/2016, unaccompanied children in
asylum detention must be detained separately from adult detainees.
In practice, however, unaccompanied children are detained in unsuitable and
inadequate conditions including pre-removal detention centres, police stations, and
Reception and Identification Centres (RICs). During his 2016 visit to Greece, the UN
Special Rapporteur on the human rights of migrants expressed concern at the
inadequate conditions and lack of protection faced by those in Lesvos centre and police
stations. As he noted, the conditions of detention were “deplorable, leaving children at
heightened risk of abuse, neglect, violence and exploitation.” Unaccompanied minors
17
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT),
“Report to the Government of Greece on the visit to Greece carried out by the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 13 to 18 April and 19 to 25 July 2016,”
CPT/Inf (2017) 25, September 2017, https://www.coe.int/en/web/cpt/greece;; Greek Council for Refugees, “Country
report: Greece,” Asylum Information Database (AIDA), European Council on Refugees and Exiles (ECRE), December
2016, http://www.asylumineurope.org/reports/country/greece.
18
Special Rapporteur on the human rights of migrants, “Report of the Special Rapporteur on the human rights of
migrants on his mission to Greece,” A/HRC/35/25/Add.2, 24 April 2017,
http://www.ohchr.org/EN/Issues/Migration/SRMigrants/Pages/CountryVisits.aspx.
19
Greek Council for Refugees, “Country report: Greece,” Asylum Information Database (AIDA), European Council on
Refugees and Exiles (ECRE), December 2016, http://www.asylumineurope.org/reports/country/greece;; AITIMA,
“FORGOTTEN: Administratively detained irregular migrants and asylum seekers,” October 2016,
http://www.aitima.gr/index.php/en/news/324-10-october-2016-new-aitima-report-forgotten;; Amnesty International,
“Greece: Enter at your peril: Lives put at risk at the gate of Europe,” 2013,
www.amnesty.org/en/library/info/EUR25/007/2013/en.
20
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT),
“Report to the Government of Greece on the visit to Greece carried out by the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 13 to 18 April and 19 to 25 July 2016,”
CPT/Inf (2017) 25, September 2017, https://www.coe.int/en/web/cpt/greece.
21
Special Rapporteur on the human rights of migrants, “Report of the Special Rapporteur on the human rights of
migrants on his mission to Greece,” A/HRC/35/25/Add.2, 24 April 2017,
http://www.ohchr.org/EN/Issues/Migration/SRMigrants/Pages/CountryVisits.aspx.
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