Humane and dignified conditions in detention
that they were unlawfully detained and awarded them
appropriate compensation.309
Another reason for detaining children in non-specialised
facilities can be that the authorities consider unrelated
adults their ‘family’. This can lead to violations of these
children’s special rights as unaccompanied children. For
instance, in Bulgaria, despite the prohibition of detention of unaccompanied children,310 the Ombudsman311
and civil society organisations312 have found several
cases of detention of unaccompanied children who
were ‘attached’ to adults who were not related or, in
some cases, even known to them.
Ø Other examples of situations in which children
may be held in non-specialised facilities
include the Metsälä Detention Unit in Finland,
a non-specialised facility where children may
be held if the child-friendly facility at Joutseno
is full. Although unaccompanied children and
families always go into the women’s section,
they share the common areas with adult
men.313 Children have also been detained at
Vestre prison in Denmark, in accordance with
Section 36 of the Danish Aliens Act, one of
them for six days.314 The cells there are locked
and there are no special facilities for children.
7.1.3. Short-term holding facilities
Whether alone or with their families, children may be
held briefly at the border to determine their right to
entry, or within the country if they are suspected of
violating immigration law. During this time they can
be held in rooms at border-crossing points, police stations, first registration centres or other facilities. Time
frames are usually rather short, although a proposal
has been tabled in Germany to extend deprivation of
309 Lithuania, Supreme Court of the Republic of Lithuania, Civil
Case No. e3K-3–412–690/2015, 14 July 2015.
310 Bulgaria, Foreigners in the Republic of Bulgaria Act
(Закон за чужденците в Република България),
23 December 1998, Article 44(9).
311 Bulgaria, Ombudsman of the Republic of Bulgaria
(Омбудсман на Република България) (2016), Annual
Report of the Ombudsman of the Republic of Bulgaria as
a National Preventive Mechanism 2015 (Годишен доклад на
Омбудсмана на Република България като Национален
превантивен механизъм 2015), 15 February 2016, p. 22.
312 Centre for Legal Aid- Voice in Bulgaria (2016), Who gets
detained? Increasing the transparency and accountability
of Bulgaria’s detention practices of asylum seekers
and migrants, Sofia, Bulgaria, European Programme
for Integration and Migration, Network of European
Foundations.
313 Finland, Metsälä Detention Unit.
314 Denmark, Danish Ministry of Immigration, Integration and
Housing.
liberty in transit zones from four to ten days.315 Where
non-admitted persons are not kept in the transit zone
of an airport,316 police cells or border guards’ facilities
are typically used for short-term holding. In some
• Estonia uses the general facilities of the Police and
Border Guard Board (Politsei- ja Piirivalveamet)
for short-term detention. None of these facilities
are specially designed to cater for the needs of
children.317
• If a person is taken to a police station for identification
in Germany, the conditions depend on the police station and the police staff involved.318
• In the United Kingdom, 23 out of the 43 police forces
in England and Wales had some separate custody
facilities for children and young people.319
An NGO report from 2014 illustrated the challenges
in Bulgarian short-term holding facilities at that time.
There was no alarm button to call the guards; hygiene
standards were low; there were no windows; there was
no fresh air; and people were spending more time there
than allowed by law. A mother and her three children
from Afghanistan were held for over a week in one
of five cages dividing an indoor basketball field that
had been adapted to accommodate the huge wave
of asylum seekers and migrants. They were offered
hardly any food. Other migrants complained that they
stopped receiving rations after the legal 24-hour detention period had elapsed, were forced to sleep on the
floor and sometimes had to wait outside in the cold
until late at night before the police allowed them into
a building.320
Ø Short-term holding facilities are often not
equipped for holding children and are usually
not subject to the same level of independent
monitoring as immigration detention facilities.
The quality of services and treatment is
particularly difficult to uphold when arrivals
increase and authorities sometimes have to
use facilities not intended for detention.
315 Germany, Bundesrat, ‘draft for legislation to better ensure
obligation to depart the country is followed’ (Entwurf eines
Gesetzes zur besseren Durchsetzung der Ausreisepflicht),
23 February 2017.
316 FRA (2014), Fundamental rights at airports: border checks
at five international airports in the European Union,
Luxembourg, Publications Office, Section 1.1.2.
317 Estonia, Police and Border Guard Board (Politsei- ja
Piirivalveamet).
318 Germany, Jesuit Refugee Service, February 2016.
319 United Kingdom, All Party Parliamentary Group on Children
(2014) “It’s all about trust”: Building good relationships
between children and the police, October 2014.
320 Human Rights Watch (2014), ‘Containment Plan: Bulgaria’s
Pushbacks and Detention of Syrian and Other Asylum
Seekers and Migrants‘, pp. 31–37.
77
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