ANNUAL SPECIAL REPORT 2016
17
3. In the event of the even temporary detention in police station cells
of third-country nationals to be returned, an effort must be made to
separate administrative detainees from criminal prisoners, in accordance with Article 31(1) subparagraph b of Law 3907/2011 and Article
16(1) of the Returns Directive 2008/115/EC: “In all cases, third-country
nationals in detention are kept separate from ordinary prisoners”.
Following are some indicative conclusions drawn from visits/on–site inspections:
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At the Centre at Moria (Lesvos), the overall image of the site in October
2016 appears to have improved compared to January and May of the
same year. Although in the area next to the entrance some temporary
tents (of the kind used for camping) in poor condition were set up,
farther inside the camp the accommodation was better organized. It is
noted that the weather conditions on the day of the delegation’s visit
were especially good. However, it is certain that the general image of the
centre will change radically when the rains start, since it is located on an
incline and there are a significant number of temporary tents, housing
a large number of third-country nationals, which are deemed entirely
unsuitable for winter conditions. The toilets and other sanitation areas
appear inadequate for the number of people resident at the centre, but
the level of cleanliness of the areas appears relatively satisfactory.
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More specifically, as regards the detention premises (Pre–Removal Detention Centre), during the October inspection it
was determined that it consists of 14 huts, placed in two parallel rows of 7 and leaving a large area between them which
serves as a yard. Two of the 14 huts are not in use, as they
have suffered extensive fire damage. The living conditions and
infrastructure were deemed poor. The majority of detainees
sleep on mattresses on the floor. The toilets in the huts were
found to be in very bad condition, very dirty, and full of water
due to a problem with the plumbing system. The detainees
complained of the lack of cleanliness. Also, they expressed
complaints about the lack of sanitary products and hot water.
There were complaints of many cases of gastroenteritis, while
detainees informed the Ombudsman delegation that whenever
they request a doctor, their request is not granted, and also
that they lack dining tables and other basic infrastructure.
Furthermore, they complained of the lack of variety in the food
distributed to them (3 times a day). The huts are locked only
at night, while it should be noted that although asked by the
delegation the detainees expressed no complaints against the
police officers’ conduct towards them. Some claimed not to
know the reason for their detention. In a neighbouring fenced-
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