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Administratively detained irregular migrants and asylum seekers
On 2/2/2016, a decision extending the restriction of his freedom
and an age determination decision were issued. The latter stated
that he was an adult (18 years old) and that according to the
day and month of his registration, he was born on 18/1/1998.
On 3/2/2016, he expressed his will to apply for international
protection and the First Reception Service was informed.
Following the issuing of a referral decision on 9/2/2016, he
has been transferred to the Pre-Removal Detention Center of
Orestias. On 12/2/2016, the Police Directorate of Orestias issued
a detention decision, ordering his detention until the issuing
of a decision on his application for international protection. He
was then transferred to the Pre-Removal Detention Center of
Xanthi, where we met him and talked to him.
Β. Detention of minors
i. Legal Framework
• According to article 3 of the Convention on the Rights of the
Child, «In all actions concerning children, whether undertaken
by public or private social welfare institutions, courts of law,
administrative authorities or legislative bodies, the best interests
of the child shall be a primary consideration». In compliance
with article 20 of the Convention, «a child temporarily or
permanently deprived of his or her family environment, or
in whose own best interests cannot be allowed to remain in
that environment, shall be entitled to special protection and
assistance provided by the State». Finally, in accordance with
article 37, «States Parties shall ensure that: {…} (b) No child
shall be deprived of his or her liberty unlawfully or arbitrarily.
The arrest, detention or imprisonment of a child shall be in
conformity with the law and shall be used only as a measure of
last resort and for the shortest appropriate period of time; (c)
Every child deprived of liberty shall be treated with humanity
and respect for the inherent dignity of the human person, and
in a manner which takes into account the needs of persons of
his or her age. In particular, every child deprived of liberty shall
be separated from adults unless it is considered in the child’s
best interest not to do so, and shall have the right to maintain
contact with his or her family through correspondence and
visits, save in exceptional circumstances; (d) Every child
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