CAT/OP/CYP/1
53.
The Subcommittee was also concerned that children were mainly being educated at
the local schools in Greek, which many could not understand. The recent introduction of
Greek language classes, while welcome, does not comprehensively address the problem.
54.
The Subcommittee recommends that the State party improve the provision of
hot water at the centre and review the arrangements for the maintenance of the toilets
and showers so that they fall within the responsibility and control of the centre’s
management. The State party should ensure that children are provided with
education in a language they understand, while also providing lessons in local
languages in order to enhance access to learning and, more generally, social
integration. The Subcommittee recommends that the State party ensure that all
children have immediate access to such classes and are taught in such a way as to
ensure their full and proper engagement throughout the school day.
3.
Mennoyia detention centre
55.
The Subcommittee went to the Mennoyia detention centre, where it observed the
visit led by the national preventive mechanism. It later visited the centre a second time,
unaccompanied by the mechanism, to better understand the issues faced by the
undocumented migrants detained there. The Subcommittee was very disturbed to observe
that the centre felt like a high-level security facility and that the internal regime was of a
penal nature. The undocumented migrants detained in the centre were treated like criminals,
as demonstrated, for example, by the routine use of handcuffs during transfers.
56.
The Subcommittee recommends that the State party ensure that undocumented
migrants be detained only as a measure of last resort (see also paras. 48-49 above) and
that it immediately prioritize non-custodial measures. Should the detention of some
undocumented migrants prove to be absolutely necessary, it should be for the shortest
time possible and in appropriate facilities that are not of a prison-like nature.
57.
The Subcommittee is concerned by the allegations made by some undocumented
migrants that they were beaten while in detention by custodial staff. It is also concerned by
both the xenophobic nature of those allegations and, in particular, by the lack of any
investigation related to them.
58.
The Subcommittee recommends that the State party conduct, as a matter of
priority, prompt, impartial and effective investigations into any allegations or
complaints of torture or ill-treatment, pursuant to article 12 in the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The
Subcommittee recalls that the fight against impunity is an important means of
preventing torture and ill-treatment.
59.
The undocumented migrants detained in the centre complained of being treated as
criminals, of being subjected to a very harsh regime of treatment and of being deprived of
their liberty. A recurrent complaint concerned the near total absence of information
concerning legal proceedings related to their cases, both from those awaiting an initial
determination and those awaiting the outcomes of an appeal, notably from those without a
lawyer. The Subcommittee was especially concerned about the long periods for which
persons were held pending deportation, which in some cases were of more than two years.
The Subcommittee considers that the failure to provide detainees with accurate and timely
information, especially by the immigration services, is a matter of serious concern,
compounding the feelings of many undocumented migrants that they have been abandoned
and are in a state of limbo. For those without their own lawyers, the lack of legal aid is
another serious concern. The situation as a whole also places the staff of the centre in a
difficult situation, as they are unable to provide detainees with accurate information
concerning their situation within the immigration process, which triggers additional
animosity.
60.
The Subcommittee recommends that the State party promptly provide
undocumented migrants in detention with detailed and accurate information
concerning their legal status and all the procedures affecting them, including their
refugee status determination, deportation and possible means of appeal and remedies.
Effective means of providing such information should be available in respect of all
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