A/HRC/16/52/Add.4
is very low and they receive no financial allowance.42 As a consequence, many are forced to
live on the streets and have to resort to illegal activities to survive. This leads to their
marginalization in Greek society, triggering attitudes of xenophobia and racism. In a recent
judgment, the European Court of Human Rights has confirmed the impression of the
Special Rapporteur that the difficult conditions of the asylum-seekers amount to degrading
treatment, in violation of article 3 of ECHR.
4.
The European asylum system
66.
The Government is clearly under pressure to find an adequate solution that is in
accordance with European and international standards. Greece has the right to take effective
measures to manage its external borders but this must be done in a manner that respects
international human rights. In that regard it should be supported by EU member States and
the recently established European Asylum Support Office (EASO). All asylum-seekers
must have the effective possibility to make their claim heard and effectively assessed in
compliance with European and international standards.43 The Special Rapporteur urges all
member States to suspend and examine all cases of Dublin II returns to Greece and
immediately renegotiate Dublin II to find a fair way of burden sharing for refugee
protection in the EU.
67.
On 26 October 2010, six days after the Special Rapporteur issued his preliminary
findings, the Government requested members of the Rapid Border Intervention Team
(RABIT) deployed by the European Agency for the Management of Operational
Cooperation at the External Borders of the Member States of the European Union
(FRONTEX) to control the migratory flows on the Greek-Turkish land border and assist the
Greek authorities in border management. The Special Rapporteur urges the border guards
of other EU member States under Frontex to respect European and international human
rights standards in all their endeavours.
F.
Juveniles
68.
The Special Rapporteur is concerned about the fate of unaccompanied minors in
Greece, as they are not protected properly at any stage of their stay in the country. The
Special Rapporteur notes with concern that unaccompanied minors are systematically held
in detention, instead of being held at reception centres under the authority of the Ministry of
Health designed exclusively for them. He met with unaccompanied minors in police
stations, CIDs, border guard stations and migration detention centres, since, in practice,
reception centres are not numerous enough and are also overcrowded. These minors have
no possibility to enrol in schools and to receive a proper education.
69.
In Greece, the guardianship system, which in the law guarantees a protection for
minors, is dysfunctional. Juvenile and court prosecutors have the responsibility for
unaccompanied minors, but in practice many minors are left without guardians. Most of the
unaccompanied minors the Special Rapporteur met during the visit had not been adequately
informed about the asylum procedure and their rights, and were generally ignorant about
the system.
70.
The Special Rapporteur witnessed unaccompanied minors being held with adults in
a number of facilities, such as Omonia CID, Feres Border Guard Station as well as Fylakio
42
43
See the UNHCR Submission to ECHR, case M.S.S. v. Belgium and Greece.
See judgement in M.S.S. v. Belgium and Greece, 21 January 2011 which found a violation of articles
3 and 13 against both States because of the applicant’s detention conditions and the deficiencies in the
asylum procedure in Greece.
17
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