The minor came to Leros, Greece, accompanied by an adult relative and not a parent. The two were separated, pending a decision by the Public Prosecutor on the relative’s suitability to exercise the temporary care of the minor, in accordance with the best interests of the child. As such, the minor was placed in the “safe zone” of the CCAC, while their relative was housed with the general population. The minor had no right to exit the “safe zone”, let alone the CCAC, and could only meet with their relative through the barbed-wire fence separating the “safe zone” from the other sections of the camp.

According to the general practice of the national authorities, the minor would remain there until the Public Prosecutor assigned their temporary care to the relative. Due to excessive delays in the issuance of temporary care and guardianship decisions, the great numbers of unaccompanied and separated minors in the “safe zone” of the Leros CCAC (currently numbering approximately 200), and other systemic problems, the minor had been detained for almost two months when he contacted Equal Rights Beyond Borders (Equal Rights).

Equal Rights swiftly submitted objections on their behalf before the Rhodes Administrative Court of First Instance, challenging the above de facto detention. A week later, the Court accepted the objections, ruling that the restriction of the minor’s freedom of movement within the area of the Leros CCAC amounted to unlawful detention. Equal Rights quickly notified the Public Prosecutor’s office with the decision, and the care of the child was assigned to their relative the next day, a decision which led to the minor’s immediate release from the “safe zone”. 

“It is becoming a general practice for people to be deprived of their liberty and for states to come up with a name for it other than ‘detention’”, Marilena Kosmopoulou, Equal Rights lawyer representing the minor, says. “That this also concerns children is even more disturbing”.

While human rights laws provide special guarantees for detention, States consistently attempt to circumvent them. It is highly important that the Rhodes Administrative Court brought these special guarantees to the fore, making thus clear that circumventing them is unlawful and will not be tolerated. Such findings should urge Greece and other EU Member States to finally adhere to basic human rights laws.

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Further information on detention practices in the Dodecanese can be found in Equal Rights’ reports.

Further information on how the recast of the Common European Asylum System will affect children can be found here.

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Contact: press@equal-rights.org