A 10-year-old Afghan national entered Greece irregularly in September 2024, with his 19-year-old cousin. Both applied for international protection and were placed under restricted conditions at the Malakasa Reception and Identification Center (RIC). The child remained unregistered for 178 days without asylum seeker’s card, access to education, or adequate medical care. Despite his cousin’s request for guardianship in December 2024, procedures were delayed. The unsanitary conditions in the RIC harmed the child’s physical and mental health. In March 2025, the child was finally issued a 2-year asylum seeker and health card, without geographical restriction.
The Court found that the child’s prolonged confinement under such conditions was unlawful, arbitrary, and in violation of national, EU, and international law. It emphasized that the detention of minors is permissible only as a measure of last resort, and that less restrictive alternatives must be prioritized. The Court ordered the immediate release of the child. Pending the appointment of a guardian, the child must be allowed to leave the facility three times per week, accompanied by a staff. Once guardianship is granted, the child should be permitted to leave the reception center daily accompanied by his guardian. Lastly, the Court ruled that both the child and his cousin should be offered relocation to a suitable accommodation facility.
Read the full decision here.