- 22 -
In particular, at the detention facilities of irregular foreign nationals (for which the Hellenic Police
is competent), unaccompanied children are separated from other irregular migrants and the
necessary procedures are followed to determine their nonage with the assistance of other agencies,
State bodies and collaborating NGOs.
It is noted that, as regards their detention, unaccompanied children are under protective
custody and are temporarily accommodated in police premises, always in special premises and
not together with adults, until they are transferred, according to applicable laws, in association with
the National Centre for Social Solidarity (EKKA) and Non-Governmental Organisations (NGOs) to
appropriate open accommodation centres, according to the child's best interests.
This procedure is followed in all instances, even when the unaccompanied child does not seek
asylum, in implementation of article 19 of presidential decree 220/2007, which transposed Directive
9/2003. In particular, the Prosecutor for Minors or the competent Prosecutor at the First Instance
Court is appointed interim guardian of the child and then, in association with NGOs and social
services, the permanent guardian of the child is appointed (usually a social worker) to ensure the
necessary representation of the child. If the appointed guardian does not perform his duties, he may
be replaced by order of the Prosecutor.
It is also mentioned that, following the issuance of Law 4375/2016 (Government Gazette
51/03.04.2016, series A) especially for Eastern Aegean islands, pursuant to articles 8 par.2a, 9 and
14 par.2, 8 (article 11 par.5 of Law 3907.2011 has been abrogated), the Reception and
Identification Agencies and, by extension, the Administrator of every Reception and Identification
Centre (RIC) are competent for the management of unaccompanied children. In any event,
unaccompanied children are separated from other irregular migrants and are always held in special
premises, away from detention facilities for adults, until they are taken to more appropriate
premises in association with the EKKA and NGOs, always on the basis of their best interests.
To this end, instructions have been issued to competent Police Directorates to maintain continuous
cooperation with the Administrators of the Reception and Identification Centres (RICs).
The establishment of national strategy for the management of unaccompanied foreign
children, legislation for a reliable system to determine nonage, the reform of the institution of
guardianship and the creation of more accommodation centres for unaccompanied children
are long-standing requests of the Hellenic Police Headquarters. The Ministry of Migration
Policy has undertaken to work out the appropriate legal framework to ensure more effective
protection of unaccompanied foreign children in our country.
At the same time, the jointly-competent Ministry of Migration Policy is implementing a plan to
reorganize the accommodation centres on the mainland (hotspots), with emphasis on the creation of
safe zones for unaccompanied children, and a training programme devised by the Ministry of
Education is being implemented for refugee/ migrant children.
3. Children in Migrant Detention Centres
Paragraph 47: Request for information: detention conditions in the Special Holding Facilities for
Unaccompanied Foreign Children at Amygdaleza
At the time of the visit of the Committee, the agencies of the Directorate of Foreign Nationals of
Attica transferred the unaccompanied children to the Special Holding Facilities for Unaccompanied
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents