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). 5

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