CCPR/C/121/D/2770/2016 children’s shelters.15 The author also states that, according to media reports, as of 20 April 2016, 545 unaccompanied minors were in detention in Greece awaiting placement in specialized centres.16 On the basis of this information, the author submits that the high risk of prolonged detention upon his arrival in Greece amounts to a high risk of inhuman and degrading treatment, in violation of his rights under the Covenant. 3.4 As regards article 24 of the Covenant, the author submits that the concept of a child’s best interests is a fundamental right and that all proceedings should be guided by this principle. The author refers to general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, adopted by the Committee on the Rights of the Child, according to which all the elements that could be included in the best-interests assessment should be balanced in the light of each situation. Some of these elements are the child’s own views, his or her situation of vulnerability and the child’s right to health, among others. He submits that given his status as a minor and that he is a Syrian national who has already endured hardship during his trip to Europe, he is particularly vulnerable. He adds that deporting him to Greece would be against his best interests as a child, as he would be at risk of being homeless without any assistance from local authorities. The author further argues that access to accommodation in Greece is very limited, as refugees are obliged to compete with Greek nationals with limited economic resources, and that refugees face discriminatory treatment. 3.5 The author further submits that he has reasonable fears for his safety in Greece and that he has grown attached to his contact person in the State party, who is a key caregiver and adult presence in his life. He also indicates that he has no adult guardian who could take care of him in Greece, and that if left to live on the streets he would risk being subjected to xenophobic violence and other inhuman treatment. The author indicates that the State party’s authorities have not assessed his best interests and that they have therefore failed to make the best interests of a child a primary consideration, as required by article 24 of the Covenant. State party’s observations on admissibility and the merits 4.1 On 30 November 2016, the State party submitted its observations on admissibility and the merits of the communication. It provides a description of relevant domestic legislation and submits that the complainant’s asylum request was considered in accordance with it, in particular the Aliens Act, which reflects the same principles as those established in article 3 of the European Convention on Human Rights. The State party therefore considers that its authorities complied with its international obligations regarding asylum applications. The State party also describes the structure, composition and functioning of the Refugee Appeals Board, as well as the legislation applying to cases related to the Dublin Regulation.17 4.2 As to the admissibility and merits of the communication, the State party argues that the author has failed to establish a prima facie case for the purpose of admissibility under article 7 of the Covenant. In particular, it has not been established that there are substantial grounds for believing that he will be in danger of being subjected to torture or to cruel, inhuman or degrading treatment or punishment in Greece. The communication is therefore manifestly unfounded and should be declared inadmissible. In the alternative, the State party submits that the author has not sufficiently established that article 7 will be violated should he be returned to Greece. It follows from the Committee’s jurisprudence that States parties are under an obligation not to extradite, deport, expel or otherwise remove a person from their territory where the necessary and foreseeable consequence of the deportation would be a real risk of irreparable harm, such as that contemplated by article 7 of the Covenant, whether in the country to which removal is to be effected or in any country to 15 16 17 Office of the United Nations High Commissioner for Human Rights (OHCHR), “Migrant children face grim human rights conditions in Greece”, 13 May 2016, available from www.ohchr.org/EN/NewsEvents/Pages/MigrantchildreninGreece.aspx. Elena Becatoros, “Council of Europe: detention of lone minors ‘unacceptable’”, Associated Press, 26 May 2016, available from www.usnews.com/news/world/articles/2016-05-26/council-of-europedetention-of-lone-minors-unacceptable. See Human Rights Committee, communication No. 2379/2014, Hussein Ahmed v. Denmark, Views adopted on 7 July 2016, paras. 4.1−4.3 5