CAT/C/GRC/CO/7
(d)
Formulate clear guidelines and related training on the identification of
torture victims and others in need of international protection among asylum seekers
and migrants.
Immigration detention
20.
Notwithstanding the explanations offered by the delegation regarding the procedural
guarantees that have been established in domestic legislation and that are applicable to
administrative detention, the Committee remains concerned at reports that, in practice,
detained migrants and asylum seekers are often denied fundamental legal safeguards, such
as access to a lawyer and the right to challenge the lawfulness of their detention, and other
safeguards on related issues. The Committee also observes with concern that the
containment policies applied as part of the implementation of the agreement of 18 March
2016 between the European Union and Turkey have resulted in migrants and asylum
seekers being exposed to appalling and unsanitary living conditions, especially in the case
of those held in overcrowded reception and identification centres at “hotspots”, such as the
centres in Samos and in Moria, Lesbos. In that regard, the Committee draws the attention of
the State party to reports that there has been a systematic failure to provide and ensure
access to medical care and safe shelter, and that those living in the camps have been
inadequately protected and, therefore, exposed to violence, including gender-based violence,
on a daily basis. The Committee is further concerned at reports of ill-treatment, including
beatings, of detained asylum seekers and migrants by police officers (arts. 2, 11–13 and 16).
21.
The State party should:
(a)
Refrain from detaining asylum seekers and irregular or undocumented
migrants for prolonged periods, use detention as a measure of last resort and for the
shortest period possible and continue the application of non-custodial measures, in
conformity with international standards;
(b)
Guarantee that detained asylum seekers and migrants have access to
counsel, including legal aid services;
(c)
Guarantee judicial review or other meaningful and effective avenues to
challenge the legality of administrative immigration detention;
(d)
Take the necessary measures to ensure appropriate reception conditions
for asylum seekers and migrants;
(e)
Strengthen its efforts to ensure adequate living conditions in all
immigration centres;
(f)
Ensure that asylum seekers and migrants held in detention are provided
with adequate medical and mental health care, including a medical examination upon
admission and routine assessments;
(g)
Establish an effective and independent oversight mechanism for the
Reception and Identification Service, to which individuals held in immigration
detention can bring complains;
(h)
Ensure that all allegations of torture and ill-treatment by law
enforcement officials are promptly, thoroughly and impartially investigated by the
authorities, that the perpetrators are prosecuted and, if found guilty, punished, and
that victims are provided with redress.
Unaccompanied migrant and asylum-seeking children
22.
The Committee notes with concern that, while the existing regulations provide that
minors are not to be detained except in exceptional circumstances, unaccompanied migrant
and asylum-seeking children continue to be placed in immigration detention (“protective
custody”) until a shelter placement becomes available. This lack of shelter space leads, in
many cases, to the prolonged detention of unaccompanied children in police holding cells,
pre-removal centres and reception and identification centres at the above-mentioned
“hotspots”, where living conditions are substandard and basic services are often not
available (arts. 11 and 16).
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