A/HRC/45/16/Add.1
66.
According to article 118 of Presidential Decree No. 141/1991, children can be
placed under protective custody until they are referred to appropriate reception facilities or
until they are reunited with the persons responsible for them. Protective custody does not
always amount to detention but, in practice, it has mostly been implemented through the
detention of children in pre-removal detention facilities or police stations. In some cases,
children have been reportedly placed under protective custody in hospitals, also under the
care or supervision of the police.
67.
The number of children in protective custody remains high. According to data from
the National Centre for Social Solidarity, as at 30 April 2020, there were 276 minors in
protective custody. The Centre prioritizes unaccompanied minors in administrative
detention for placement in alternative emergency accommodation or proper shelters.
However, the Government points to the considerable lack of such accommodation for the
purposes of covering the needs of all unaccompanied minors. The Working Group
welcomes the recent increase in total capacity for the long-term accommodation of
unaccompanied minors. By May 2020, while there was a total of 5,009 unaccompanied
minors in the country, there were 1,699 places in long-term accommodation and 659 in
short-term accommodation.
68.
The Working Group confirmed the existing substantial burden on shelter facilities,
which resulted in many unaccompanied children being held in protective custody, in
unacceptable conditions, in facilities that were not appropriate for the detention of children,
such as police stations and pre-removal facilities on the mainland. Although officials
appeared to be providing the best support available in the circumstances, the Working
Group noted that some children were held for prolonged periods, of more than two months,
in conditions similar to those of criminal detention, especially in police stations. These
children were held with adults, in dark cells, with no access to recreational or educational
activities, and no information on what would happen to them, which appeared contrary to
article 37 (c) of the Convention on the Rights of the Child. There is no maximum time limit
on the period for which a child may be held in protective custody.
69.
Furthermore, the Working Group was informed that the Public Prosecutor, as the
authority responsible for the care and security of the children under protective custody, did
not visit the children in the detention facilities.
70.
The Working Group was also informed of the appointment of the National
Coordinator for Unaccompanied Minors and was able to meet with her. The Coordinator
was in a newly created position for which she was still developing a plan. The Working
Group urges the authorities to ensure that the Coordinator has sufficient authority and
resources to take effective action to protect children.
71.
In February 2019, the European Court of Human Rights found that the automatic
placement of unaccompanied asylum-seeking children under protective custody in police
facilities, without taking into consideration the best interests of the child, violated article 5
(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms
(European Convention on Human Rights). 7 The Working Group urges the Government to
uphold its obligations under the Convention on the Rights of the Child and the European
Convention on Human Rights by putting an end to the detention of children under
protective custody in police stations or other facilities related to the criminal or immigration
systems.
72.
The Working Group invites the Government to prioritize the best interests of each
child, and ensure that children who enter the country in an irregular manner are not
detained and are placed in facilities appropriate to their age. As the Greek Ombudsman has
observed, this could be achieved by transitioning to community-based care, foster care,
supported independent living, and the gradual reduction of institutional structures. The
Working Group welcomes the recent European Union initiative for the relocation of
7
12
European Court of Human Rights, Affaire H.A. et autres c. Grèce, Application No. 19951/16,
Judgment, 28 February 2019.
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