In a groundbreaking decision, the First Instance Administrative Court of Syros accepted HRLP's objections to the de-facto detention of an unaccompanied minor residing at the Samos CCAC.
On Tuesday, the 18th of February, HRLP filed objections against the unlawful detention of an unaccompanied minor residing (UAM) who has been kept at the Samos CCAC’s Safe Zone for 64 days.
In a groundbreaking decision, on Thursday the 20th, the Court recognized that delays in administrative processes do not justify the prolonged detention and restriction of freedom of the applicant beyond the established maximum of 25 days, hence declaring the measure unlawful.
Notably, the Judge also highlighted the absence of an appointed guardian for the applicant, as well as his lack of access to adequate clothing, education, legal counsel and healthcare, emphasizing that the latter poses a grave risk to his safety, as he is suffering from a deteriorating skin infection.
Additionally, it was also pointed out that the contagious skin infections that are currently afflicting the Samos CCAC’ Safe Zone are jeopardizing the health of all unaccompanied minors residing in the closed facility.
This marks the first time that a Greek Court acknowledges that the prolonged stay and restriction of freedom of asylum seekers residing in the CCAC amounts to unlawful, de-facto detention.
As cited in the official judicial decision paper, the decision in question is in line with the Greek Asylum Code and, specifically, justified on the grounds of:
a) The vulnerability of the applicant and, in particular, his age (16 years) and health condition, requiring special care, medical treatment and appropriate sanitary conditions to prevent the deterioration of his condition and endangering his health;
b) The length of time during which he has been detained (64 days) and taking into account that any delays in the administrative procedures, which cannot be attributed to the applicant for international protection, do not justify the continuation of the detention, including de facto detention.
The Court hence found that the detention of the applicant pending the examination of his application for international protection is not lawful, and alternative measures must be applied, namely transfer to a suitable for him long-term accommodation facility or an emergency accommodation facility for unaccompanied minors, and that a guardian be appointed immediately, in accordance with the procedure laid down as provided by law.
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