Source: Xanthi PRDC, MIT respondent
These unsanitary conditions have a
drastic impact on the health and
wellbeing of detainees, denying a
dignified living environment and
significantly increasing the levels of
stress of respondents. As previously
mentioned, when applicants of
international protection are detained
alongside third country nationals
subject to return orders, both groups
should be treated in accordance with
the RCD. The RCD states that
applicants who are in detention
should be treated with full respect for
human dignity.[217] The treatment of
detainees in Greek PRDCs does not
align with European legislation, on the
basis of the conditions of the
detention centres alone. This brings
to question Article 50(2) of Greek law,
[218] whereby the absence of appropriate detention facilities, and difficulty in ensuring decent living
conditions for applicants should be taken into account before issuing a detention order or extension.
Furthermore, the systematic lack of access to functional toilet or shower facilities and cleaning products could
amount to degrading treatment, and a violation of Article 3 of the European Convention, as per the Ananyev
and others v. Russia ruling.[219] According to the ECtHR and the CPT, the judgment ruled that:
“access to properly equipped and hygienic sanitary facilities is of paramount importance for
maintaining the inmates’ sense of personal dignity. Not only are hygiene and cleanliness integral
parts of the respect that individuals owe to their bodies and to their neighbours with whom they
share premises for long periods of time, they also constitute a condition and at the same time a
necessity for the conservation of health. A truly humane environment is not possible without ready
access to toilet facilities or the possibility of keeping one’s body clean.” [220]
Source: Corinth PRDC cell, MIT respondent
In the same Court ruling, the provision of sanitary precautions including measures against infestation with
rodents, fleas, lice, bed bugs and other vermin was emphasised, in order to prevent discordance with the
ECHR. The frequent reports of insect infestations, particularly in Corinth, also lies in contradiction to this
ruling.
Building on the latter jurisprudence the Court recalls in its case of Aden Ahmed v. Malta that several aspects
of material conditions are taken into account in assessing compliance with Article 3. This includes “the
possibility of using the toilet in private, and compliance with basic sanitary and hygienic requirements”.[221]
Inside the prison when I was there we had to bear the problem of
insects, that they were biting us, and stinging us during the night and it
was difficult to sleep during the night. We made a lot of complaints but
nobody care about that and that meanwhile we had a lot of mental
problems.
Afran, Corinth
61