Similarly, people with serious medical conditions also struggle to get proper records of their condition. As
discussed in Section 2, the medical care in the Kos PRDC is inadequate and there has been no doctor on
site since July 2021. The people interviewed for this report described numerous barriers to accessing proper
medical care, and our experience on the ground confirms such reports. Consequently, even if a person does
have a medical condition that would qualify them as vulnerable, in many cases this remains undiagnosed
and so there is no proof to submit to the authorities.
Unlike in cases where people have official vulnerability assessments, these cases present far fewer options for
release. Without official proof of vulnerability, those with unsubstantiated vulnerabilities – or their lawyers
– have no legal basis to argue that they should be released because they are vulnerable. Further, the police do
not conduct any kind of individualized vulnerability assessment or provide additional protection or benefits.
legal safeguards, according to the Greek government, they are not vulnerable. This situation has caused
immense suffering for our many vulnerable clients detained in the PRDC who have been denied access to
proper vulnerability assessments and medical treatment.
b. Minors
Between January 2020 and April 2021, the authorities regularly detained families with minor children,
several of whom were clients of Equal Rights. However, in those cases Equal Rights found that the detention
orders did not depart significantly from the other generic detention orders. For example, in one case
Equal Rights represented a single woman with three minor children between the ages of 8 and 14 who
was detained after her asylum application was rejected. In her case, her detention order did not make any
mention of if there were other, less coercive measures available or whether detention was in the children’s
best interest. In fact, the detention order only mentioned the three children to state that the client was
accompanied by her children. In April 2021, the police released all families from the PRDC and since then
they have not detained families with minor children, except for in one case where a family refused to apply
for asylum. Additional details regarding the detention conditions for minors are provided in Section 2
below.
As for unaccompanied minors, recognised unaccompanied minors are not detained in the PRDC.
Instead, they are accommodated in the “safe zone” inside the RIC. However, as has long been documented
throughout Greece, the process for recognising unaccompanied minors is extremely flawed and frequently
leads to the authorities concluding that applicants for asylum are adults when they are, in fact, minors.141 In
the period covered in this report, Equal Rights has represented one client in the PRDC who claimed to be a
minor and was able to provide original documentation to support his age. Equal Rights is also aware of at
least two people in similar situations. In the case that Equal Rights represented, the applicant was already
in the age assessment procedure when it undertook the case – meaning that the authorities had some doubt
as to his age. However, he was still detained in the PRDC, in direct violation of Article 75 (3) (d) IPA, which
provides that “until the age determination procedure is completed, the person claiming to be a minor shall
be treated as a minor”142. In other words, applicants in the age assessment procedure cannot be detained
except for exceptional reasons. In our case, the police agreed to release the applicant while his age assessment
procedure was ongoing, but our intervention revealed that they were not even aware that he was in the age
141 HIAS, Communication in accordance with Rule 9.2 of the Rules of the Committee of Ministers regarding the supervision of the execution of
judgments and of terms of friendly settlements by HIAS GREECE in the M.S.S. and Rahimi Groups v. Greece (August 2020), 20, available
at: https://bit.ly/3v9tNuw, Human Rights Watch, Greece: Lone Migrant Children Left Unprotected (19 July 2017), available at:
https://bit.ly/2YTEFRc. European Committee of Social Rights, Observations by the United Nations High Commissioner for Refugees
(16 August 2019), 4, available at: https://bit.ly/3Dt1BWi.
142 Art. 75 (3) (d) L. 4636/2019.
20
DETENTION OF MIGRANTS ON THE ISLAND OF KOS
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