The case concerns a Pakistani national who was detained for illegal entry and lack of legal residence documents. The authorities considered him an adult and a public safety risk, but he claimed to be a child. A subsequent age assessment concluded he was a minor. Despite this, he was held for six months in adult detention conditions at the Amygdaleza Pre-Removal Center (PROKEKA).
The Court ruled the detention unlawful, emphasizing: a) that the child’s best interests must be a top priority for all authorities involved. b) Until all legal and administrative procedures for determining age are fully exhausted, the applicant must be presumed to be a minor and treated accordingly, as per Greek and international law. c) Detaining unaccompanied minors should only be a measure of last resort, for the shortest time possible, and never in adult facilities. Instead of detention, less restrictive alternatives, such as placement in a suitable shelter for unaccompanied minors, must be pursued. The Court ruled that the child’s detention must be lifted as soon as an appropriate long-term or emergency shelter for unaccompanied minors is found, and that the case file must be immediately forwarded to the Athens Juvenile Prosecutor and the General Secretariat for Vulnerable Citizens. A guardian must be appointed for the applicant.
Read the full decision here.