A/67/44 Administrative detention of asylum seekers and migrants (20) The Committee expresses its concern at the current detention policy applied to asylum seekers and migrants in an irregular situation, including reports that asylum seekers at border locations are routinely subjected to long periods of administrative detention. The length of detention, in combination with the deplorable conditions of detention, amounts to inhuman or degrading treatment and constitutes a serious hindrance for asylum seekers to apply for asylum. Furthermore, the Committee is seriously concerned at the appalling conditions in the detention facilities, including regular police and border guard stations throughout the country, and particularly in the Evros region, in terms of severe overcrowding, insufficient staff levels, lack of basic supplies, as well as inadequate medical, psychological, social and legal support (arts. 2, 11 and 16). The State party should ensure that administrative detention on the grounds of irregular entry is not applied to asylum seekers. In particular, detention of asylum seekers should be used only in exceptional circumstances or as a measure of last resort, on grounds specifically prescribed by law, and then only for the shortest possible time. To this end, alternatives to detention should be duly examined and exhausted, especially with regard to vulnerable groups. The State party should also take urgent and effective measures to improve conditions of administrative detention through alleviation of overcrowding, appointment of a sufficient number of trained staff, and provision of basic supplies, such as medical care and treatment, adequate food, water and personal hygiene items in any facility used for the detention of foreign nationals. Detention on public health grounds (21) The Committee expresses its concern at a recent legislative amendment whereby a migrant or asylum seeker can be detained if he or she represents a danger to public health when he or she suffers from an infectious disease or belongs to groups vulnerable to infectious diseases (arts. 2 and 16). The Committee urges the State party to repeal the provision permitting detention of migrants and asylum seekers on public health grounds and replace detention on such grounds with the appropriate medical measures. Unaccompanied asylum seeking minors (22) The Committee is particularly concerned that unaccompanied or separated asylum seeking minors are often not properly registered and are systematically detained, often in mixed immigration facilities with adults. The Committee is also concerned that the transitional Presidential Decree 114/2010 did not introduce a statutory prohibition regarding the detention of these minors and that the limited number of special reception centres for unaccompanied minors contributes to their prolonged detention. It is further concerned that many unaccompanied minors end up homeless and living in the streets where they are often exposed to heightened risks of exploitation and violence (arts. 2, 11 and 16). The State party should strengthen its efforts to provide adequate protection and proper care in respect of unaccompanied or separated minors entering the country, including by promptly amending its legislation to prohibit their detention. The Committee concurs with the recommendation of the Special Rapporteur on the question of torture that the Ministry of Health and the Ministry of Interior should cooperate closely to ensure that they are placed in suitable and separate reception centres. Furthermore, specific measures should be put in place to prevent homelessness and to provide social support and education to this group. 146 GE.12-44492

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