documents, data or archives. The Greek Ombudsman may make recommendations and
proposals but cannot impose sanctions or annul any illegal actions.
Funding and capacity
Just one year after its creation, in 2015, the NPM made eleven visits to pre-removal
detention facilities, police stations and reception centres (The Greek Ombudsman, 2015).
However, it was not until 2017 that state funds were allocated to the NPM for the first
time, allowing it to conduct more inspections and employ and train inspectors.93 The NPM
remains small, with only fifteen members of staff. Moreover, the staff continue to bear
responsibility for additional tasks as part of the Ombudsman office. Thus, as well as their
monitoring duties under OPCAT, NPM staff are also responsible for receiving and
responding to complaints, as part of the Ombudsman’s general mandate, monitoring of
procedures for the removal of third-country nationals (art.23, §6 L. 3907/11 and Joint
Ministerial Decree 4000/4/57 − ia/24-10-2014),94 and investigating the arbitrary
behaviour of law enforcement officials (Law 4443/2016, Part D, entry into force
9.6.2017).95 In practical terms, this arrangement means that one staff member is
responsible for over 100 citizens’ complaints and around 40 files concerning complaints
against law enforcement officials per year on top of monitoring visits. The latter must be
resolved within a strict deadline, according to the law, which means they receive priority
over preventive inspections.
The different roles that NPM staff have assumed means that they also visit detention
centres in different capacities. This, NPM staff claimed, assists them in developing a
rounded idea of detention centres and the treatment detainees are afforded. Thus, as part
of the general Ombudsman mandate, staff receive complaints from foreign nationals,
mainly though NGOs, relating to conditions in detention, asylum claims, etc. As has been
It should be noted that funding is provided on an annual basis and only after the submission of a request
by the Ombudsman. As a consequence, funding is normally made available sometime in the course of the
fiscal year (i.e., not from January 1st). As a result, the strategic planning and priority-setting of the Mechanism,
although designed for a period of 3 years since 2017, can only be confirmed on an annual basis, as it depends
on the availability of the financial resources requested.
94 Article 23, paragraph 6 foresees that removal procedures are subjected to monitoring by the Ombudsman.
The Joint Ministerial Decision further provides for the establishment of a system of external monitoring of
removal procedures.
95 Part D of Law 4443/2016 foresees the establishment of the ‘National Mechanism for the investigation of
arbitrary behaviour’ with responsibility to collect, record, assess, investigate or refer for further investigation
and disciplinary control, complaints about actions of police officers, the Hellenic Coast Guard, the Fire
Brigade and Staff of State Penitentiaries, occurring in the performance of their duties, or abuse of their status
(Law 4443/2016)
93
143
Επιλογή στοχευμένης παραγράφου3
Σύνδεση με παράγραφο
Σύνδεση με οντότητα
Απενεργοποίηση επισημάνσεων
Προσθήκη στον πίνακα περιεχομένων