Α) Detention Conditions
The fact, for example, that remand detainees are detained for long periods of
time in police stations because of non-available places in correctional facilities
renders necessary addressing the problem of overpopulation in prisons via policies
which are not limited to the construction of new prisons.
Furthermore, the fact that many aliens under deportation are detained in
police stations due to lack of special facilities for aliens detention requires measures
for curtailing undocumented migration which will not be limited to the construction
of new detention facilities.
Thus, addressing the problematic detention conditions in police stations,
apart from improving the existing facilities, lies on taking measures for the two
aforementioned issues. As far as correctional facilities are concerned the NCHR
reiterates its previous recommendations.
Regarding detention of aliens under deportation, the NCHR would like to
stress that the prolongation of the maximum time of detention from three to six or
up to 18 months (according to article 48 of Law 3772/2009 which amended article 76
of Law 3386/2005) will surely not contribute to the improvement of detention
conditions for aliens. The NCHR notes that the said amendment took place while: a)
it is a well known fact that the existing detention facilities for aliens are
insufficient, and many of them inappropriate, and b) the maximum time of three
months for administration detention was promulgated by Law Ν. 2910/2001 (article
44, par. 3) as one of the general measures that Greece took in order to comply with
the ECHR Dougoz judgment.
It needs to be noted that the said amendment incorporates selectively a
similar provision of the so called Return Directive (Directive 2008/115/ΕC) which
allows Member States to prolong the maximum time of detention “without prejudice
to the right of the Member States to adopt or maintain provisions that are more
favourable to persons to whom it applies” (article 4, par. 3). The amendment
exhausts the maximum permissible time provided for by the Directive. However,
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