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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