- 10 Further, the CPT was informed that in these cases there was poor interpretation (at times undertaken by other migrants), lack of legal aid, an inability for migrants to present their cases and intimidation and bias by the Court.13 However, the CPT is particularly concerned over the Article 3 ECHR implications of these sentences, including the fact that many of the sentenced men were sent to Komotini Prison, an establishment that has been operating at nearly 200% of its capacity for several years. 14 The deliberate separation of the family unit was another consequence. 19. The CPT recalls that States must not impose penalties on persons who directly come from a territory where they might face persecution in accordance with the 1951 Convention Relating to the Status of Refugees (Article 31). According to this article, they must be provided with the opportunity to “show good cause” for their illegal entry.15 Moreover, “imprisonment of a migrant in an irregular situation for the offence of having unlawfully entered […] must not take precedence over applying the [EU] Return Directive, including its fundamental rights safeguards”.16 Finally, also in light of the state of Greek prisons, this new practice is highly questionable. The CPT recommends that the Greek authorities ensure that all Public Prosecutors and Misdemeanour Courts are fully cognisant of Greece’s international legal obligations Further, the CPT wishes to be informed whether those persons who received a term of imprisonment of a suspended sentence are eligible to apply for asylum after 31 March 2020. The CPT would also like to be informed whether those criminal cases filed by the Public Prosecutors in the District of Alexandroupolis and on the island of Lesbos have been pursued. In addition, it wishes to receive details as to the charges being filed against the 12 minors from Afghanistan and to be informed of any future judicial proceedings concerning them. 2. Ill-treatment 20. The vast majority of migrants met by the CPT’s delegation in the establishments visited stated that they had not been physically ill-treated by the Hellenic Police, Coast Guard or military when apprehended and detained. However, the CPT’s delegation received, once more, a number of allegations by migrants that they had been subjected to slaps to the head and kicks and truncheon blows to the body by members of the Hellenic Police and Coast Guard. In a few cases, those allegations were supported by medical evidence. In addition, several allegations of abusive language were received at the Filakio predeparture centre concerning certain police officers addressing the migrants through the bars of the cells as “animals”. 13 14 15 16 It was reported to the CPT that the Public Prosecutor and the Judge suggested during the proceedings that the severe sentences were intended as a measure to deter others, despite the crime being classified as that of a misdemeanour. See the CPT’s report on the 2019 visit and notably the preliminary observations: CPT/Inf (2020) 15, paragraphs 11 to 15; see also inter alia ECtHR S.D. v. Greece, application no. 53541/07 of 11 June 2009. It is interesting to note that in several cases where the prosecution of migrants was initiated in the past, the Greek Courts, including the Supreme Court, have acquitted refugees or applicants for international protection from the charge of illegal entry making explicit reference to the obligations of the State deriving from Article 31, 32 and 33 of the 1951 Refugee Convention. EU Fundamental Rights Agency, Criminalisation of migrants in an irregular situation and of persons engaging with them, pp. 3 et seq., https://fra.europa.eu/sites/default/files/fra-2014-criminalisation-of-migrants_en.pdf