Filenews 11 March 2022 - by Michalis Hadjivasilis
Report - catapult on the conditions of residence, hygiene and living infrastructure in the Reception Center "Pournara" that "offend the concept of human dignity and result in degrading treatment contrary to Article 3 of the ECHR", notes the Commissioner for Administration and Human Rights.
Commissioner Maria Stylianou Lottidis is particularly scathing with regard to the approximately 300 unaccompanied minors who remain at the Centre for months, with no prospect of moving, resulting in some of them leaving and spending the night outside an NGO facility in Nicosia. It is the second report – a slap in the face on the subject, following the public statement by the Commissioner for the Protection of Children's Rights, Despo Michaelidou, who spoke of the appalling living conditions of unaccompanied minors.
The report of the Commissioner for Administration was prepared after her officials visited "Pournara" and herself to the unaccompanied minors outside Hope for Children. According to its findings, inevitably the overcrowding at the Centre due to continuous increased flows, leads, regardless of the efforts of the Centre's staff, to the degradation of the human rights of the residents and a minimum level of decent living conditions is not ensured. "Not only the inadequacy of hot water, but also the malfunction of the sewerage systems due to overcrowding, but especially the overcrowding of residents in unsuitable accommodation in quarantine areas with inadequate protection from weather conditions (cold - heat), bring a significant blow and strain on the mental and physical condition and health of the residents of the Center," he notes.
Specifically for the 310 unaccompanied minors, the Commissioner recommends:
- To initiate the procedures for the identification and/or creation of adequate structures and/or other accommodation facilities for the immediate and without further delay movement of all unaccompanied minors and/or alleged minors from the Center without exception. Their further stay there is not appropriate, both because of the conditions prevailing in the Centre and because unaccompanied and/or allegedly unaccompanied minors should not be deprived of their liberty and live in conditions resembling detention facilities, such as closed accommodation centres and under conditions that degrade their dignity; and constitute inhumane treatment.
- The Welfare Services should stop questioning the findings of the assessment of age made by the Asylum Service and, in view of the benefit of the doubt that should govern decisions concerning children, take the necessary steps for their immediate movement out of the Centre, even when it doubts about their age or this has not yet been determined.
- Resorting to medical examination as a way of determining/assessing the age of unaccompanied minors and/or alleged minors should not be the norm, but the last resort to achieve this goal.
- All minors and/or alleged minors should be granted the benefit of the doubt as to their age, all the more so in the case of children who are manifestly minors.
- The Deputy Ministry of Social Welfare should deal directly with the children who remain outside the Shelter of Hope for Children to ensure their best interests and taking into account their wishes, as provided for in the Convention on the Rights of the Child.
- When a minor enters the Center, he/she should be placed immediately, if this is not already done, under the responsibility and protection of the Deputy Ministry of Social Welfare, so that his/her best interests can be safeguarded.
What Lottidou recommends for the Reception Center
>> To action immediately and without any delay the necessary measures and actions to solve the problem of inadequacy in the supply of hot water, so that all residents of the Center without exception have the possibility of unhindered access to hot water.
>> To take the necessary actions to solve the problems observed with the sewerage systems of the Center.
>> To resolve as soon as possible the problem of not lighting all areas of the Centre during the night hours, in order to upgrade the sense of security of the residents during the night hours, as well as to make it easier to detect and prevent any unpleasant incidents.
>> Although it is recognized that the migratory flows have increased and the competent authorities are no longer able to respond in a timely manner to the examination of the submitted applications, efforts should be made to process them as soon as possible, so that the persons concerned can move them out of the Centre.
>> Making maximum efforts to improve all the infrastructure in the Center, as well as not to oblige any person to sleep on the floor.
According to the report, it is not overlooked that the number of guests at the Centre has increased rapidly and due to the continuous migratory flows is increasing. However, this cannot be a sufficient excuse for discounts on the rights of guests at the Centre.
As it is emphasized, in addition to the inevitable degradation of the comforts and human rights of the residents of the Centre, overcrowding in the Centre can be perceived as a form of inhuman and degrading treatment, which triggers and brings about tensions between them that may ultimately result in serious incidents. Since it had long since become apparent that its capacity is not enough to respond to the increased migratory flows, the issue should have been managed in a timely manner in a holistic manner to prevent the deterioration of the living conditions of those who end up being accommodated in it.
