CCPR/C/121/D/2770/2016
June 2000. He also provided statements from the staff members of the asylum centre in
Denmark indicating that, taking into account his behaviour and interaction with other
persons staying at the centre, they were not surprised when they learned that the author was
a minor. Moreover, the Committee notes the author’s claim that unaccompanied minors are
being placed in “protective custody” in Greece due to a lack of adequate spaces, such as
children’s shelters, and that he would risk detention under inhuman and degrading prison
conditions upon his arrival were he to be deported to Greece. The Committee also notes the
author’s claim that he is a minor and a refugee, currently suffering from psychological
problems due to the stress resulting from his past experiences in the Syrian Arab Republic
and in Greece as well as throughout the asylum proceedings in the State party, and that he
now finds himself in a situation of great vulnerability.
8.7
The Committee also notes the finding of the Refugee Appeals Board that Greece
should be considered the first country of asylum in the present case, and also notes the
position of the State party that the first country of asylum is obliged to provide asylum
seekers and refugees with basic human standards, although it is not required that such
persons have the same social and living standards as nationals of the country. In this regard,
the State party refers to a decision of the European Court of Human Rights, which held that
the fact that the applicant’s material and social living conditions would be significantly
reduced if he or she were to be removed from the contracting State — in this case,
Denmark — is not sufficient in itself to give rise to a breach of article 3 of the European
Convention on Human Rights.45
8.8
The Committee further notes the State party’s authorities finding that the author is
not a minor, as 1 June 1995 was the first birth date he provided and that it was the date
registered, based on the information provided by the author himself to both the Greek and
the Danish authorities. The Committee also notes the State party’s argument that the author
maintained that he was an adult throughout the asylum proceedings and that it was only
after his asylum request had been rejected by the Danish Immigration Service that he
submitted a motion to change his birth date. The Committee further notes the State party’s
statement that the family book the author submitted to the Danish authorities to support his
claim contains contradictory information and that, as the civil registry in the Syrian Arab
Republic is no longer functioning, the family book and the birth certificate that the author
submitted could not be considered as objective elements of evidence.
8.9
The Committee notes that according to available background material, although
conditions for refuges and asylum seekers in Greece have improved, as new legislation has
been adopted and measures have been taken to improve the functioning of the asylum
system, the situation is still challenging. In particular, the Committee notes recent reports
according to which the treatment currently accorded in Greece to certain categories of
persons, in particular vulnerable applicants, including unaccompanied minors, is
inadequate.46 In this connection, the Committee refers to the UNHCR Recommendations
for Greece in 2017, according to which the national capacity for accommodating
unaccompanied and separated children is still far from meeting the needs and that children
are exposed to ongoing protection risks, including sexual exploitation and abuse, due to
insufficient security, substandard and overcrowded reception sites, lack of specific services
and insufficient access to formal or non-formal education and lengthy asylum procedures
45
46
Samsam Mohammed Hussein and others v. the Netherlands and Italy. See also para. 4.5.
European Commission recommendation of 8 December 2016 addressed to the member States on the
resumption of transfers to Greece under regulation (EU) No. 604/2013. Available from
https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agendamigration/proposal-implementation-package/docs/20161208/recommendation_on_the_
resumption_of_transfers_to_greece_en.pdf.
See also European Court of Human Rights, Ilias and Ahmed v. Hungary (application No. 47287/15),
judgment of 14 March 2017. In addition, according to the European Union Agency for Fundamental
Rights, on 17 March 2017 there were 891 children on the waiting list to be referred to the National
Centre for Social Solidarity for accommodation, and although specialized reception facilities are
available for only 1,272, some 2,000 unaccompanied children are staying in Greece. See
http://fra.europa.eu/en/theme/asylum-migration-borders/overviews/april-2017.
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