|Committee on Economic, Social and Cultural Rights||16. The Committee recommends that the State party continue its efforts to:
(a) Expand the reception capacity of the existing reception centre in Kofinou and consider creating additional capacity elsewhere, and ensure that the emergency facility is used only for its initial purpose; (b) Improve the services provided to asylum seekers at the reception centre, including health-care services, social and psychological counselling and language and vocational training, and make transportation to asylum seekers’ workplaces available;
[...] (f) Review its asylum detention policy with a view to limiting the detention of asylum seekers only to situations in which it is absolutely necessary and shortening the time that rejected asylum seekers spend in detention to an indispensable minimum, and apply, as a rule, measures and alternatives to detention.||2016|
|Committee against Torture|
§14 [..] amend the Refugee Law and the Law on Provision of Legal Aid in order to guarantee access to independent, qualified and free-of-charge legal assistance for asylum seekers during the entire asylum procedure, at first instance level and during the judicial review, as well as for undocumented immigrants, including unaccompanied minors, in addition to the appointment of a guardian, in order to challenge the lawfulness and duration of their deportation and detention orders.
§16 [...] ensure that persons in need of international protection, including those fleeing indiscriminate violence, are not detained or, if at all, only as a measure of last resort, after alternatives to detention have been duly examined and exhausted and for as short a period as possible. The State party should also refrain from applying the Aliens and Immigration Law to asylum seekers.
§17 [...] (a) Repeal the legal provisions that criminalize irregular entry and/or stay, and list in the legislation alternative measures to administrative detention, such as reporting requirements or sureties; (b) Establish and apply guidelines to examine the necessity and proportionality of the detention and prohibit detention when there are no prospects for the immigrant of being removed within a reasonable time; (c) Apply detention only as a last resort, after alternative measures to
administrative detention have been duly examined and exhausted, when necessary and proportionate and for as short a period as possible, which should never exceed the absolute time limit for the administrative detention of undocumented immigrants, including in cases of repeated detention; (d) Ensure that the release letter provides for a temporary residence permit for immigrants pending the regularization of their status, so that they do not enter the detention cycle; (e) Ensure prompt and regular review by a court of the detention of undocumented migrants.
§18[..] The Committee urges the State party to ensure that the legal regime at Menoyia detention centre is suitable for its purpose and that it differs from the regime of penal detention. The complaints committee should vigilantly pursue each complaint and immediately transmit allegations of ill-treatment to the Office of the Attorney-General for further investigation. Solitary confinement should remain a measure of last resort, imposed for as short a time as possible, under strict supervision and judicial review.
§19 [...] The State party should ensure that unaccompanied children and families with children are not detained except as a measure of last resort and, in the latter case, after alternatives to detention have been duly examined and exhausted and in the best interest of the child, and for as short a period as possible. The right of children not to be forcibly separated from their parents should be respected, no matter what the age of the child. The State party in such instances should refrain from detaining unaccompanied children and families with children if there are no suitable places to host them.