NATIONAL PREVENTIVE MECHANISM AGAINST TORTURE AND ILL-TREATMENT 2019
considering it a practice that opposed the child's best interest and was not justified
even as an ultimate measure under article 37 of the UN Convention on the Rights of
the Child. Furthermore, in his general remarks, the Ombudsman stressed the risk of
normalizing an exceptional measure, namely the detention of asylum applicants in
accordance with Directive 2013/33/EU, thus testing the limits of the application of
the proportionality principle in the limitations of personal freedom (article 5 of the
Greek constitution, article 5 ECHR).
4.b. Special issues that emerged in 2019
38
The Mechanism's main findings include persistent problems with effective medical services (the pre-removal center of Moria being the worst case) and poor
maintenance of infrastructure (the pre-removal center of Xanthi being the worst
39
case). These issues reaffirm the relevance the Ombudsman's past recommendation 8
about the key importance of an uninterrupted funding process regarding preremoval detention centers.
4.c. Remarks on inspected pre-removal centers
4.c.1. Moria Pre-removal Detention Center
The detention center had a capacity of 210 people (112 in Wing A and 98 in wing B).
In wing A there were eight containers (Isobox type) that were used as detention
areas and seven additional in wing B, placed in a row on both sides of a small
pathway. The space between them was used as a yard area. Out-of-cell time was 1,5
hour in the morning and 1,5 hour in the evening. Detainees spent a
disproportionally long part of their day (21 hours) locked in the containers. There
seemed no obvious reason for such a restriction given the available police force (40
police officers) and the lack of individual risk assessment files and records with a
history of violence.
Each container had 14 bunk beds, two toilets and two showers, air conditioning
system and hot water. Each wing had a leisure area and a praying area. Due to the
small number of detainees, there was an extra space in each wing for visiting hours.
38
Those findings are confirmed by other Ombudsman inspection teams in its competence as
the external monitoring mechanism for forced returns (L. 3907/2011)
39 Greek Ombudsman, Migration flows and refugee protection – administrative challenges
and human rights - Special Report 2017, p.87-91
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