access. Furthermore, the carceral environment
of detention centres, surrounded by high
fences, barbed wire and surveillance systems,
renders them compatible with prisons, and thus
treatment of detainees as ‘criminals’. Information
and monitoring of PRDCs in Greece is therefore
challenging, providing extensive space for
human rights violations to proliferate.
Importantly, the CPT reports are not isolated
to PRDCs, and reference detention conditions
and violence which is applicable not only to
people on the move, but Greek detainees too.
Police violence against people in prisons has
been consistently reported on, and the violence
reported on in this research should be analysed
in the context of a consortium of violent practices
across Greece.16
Definition and Prohibition of Torture
and Ill-treatment
Article 1 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment
or Punishment17 adopted in 1984, defines
torture as :
“any act by which severe pain or suffering,
whether physical or mental, is intentionally
inflicted on a person for such purposes as
obtaining from him or a third person information
or a confession, punishing him for an act he or a
third person has committed or is suspected of
having committed, or intimidating or coercing
him or a third person, or for any reason based
on discrimination of any kind, when such pain
or suffering is inflicted by or at the instigation of
or with the consent or acquiescence of a public
official or other person acting in an official
capacity.”
This Convention recalls the prohibition of
torture previously formulated by Article 5 of
the Universal Declaration of Human Rights18
and Article 7 of the International Covenant on
Civil and Political Rights (ICCPR).19 The latter
provision is complemented by Article 10 of the
ICCPR concerning the humane treatment of
persons deprived of their liberty. At the regional
level, the prohibition is formulated by Article
3 of the ECHR20 and Article 4 of the Charter of
Fundamental Rights of the European Union.21
The prohibition of torture is an absolute and
non-derogable right in international law. This
has been recalled by the UN Human Rights
Committee in its General Comment No. 20,22
but also by the European Court of Human
Rights (ECtHR). Thus, in its judgment in the case
of Selmouni v. France, the ECtHR stated that:
“the Convention prohibits in absolute terms
torture and inhuman or degrading treatment
or punishment. [...] Article 3 makes no provision
for exceptions and no derogation from it is
permissible under Article 15 § 2 even in the
event of a public emergency threatening the
life of the nation”.23 The latter is particularly
relevant considering that powerful negative
rhetoric - particularly around instrumentalisation
- is consistently used to frame migration as a
security threat, consequently providing alleged
justification for exceptional measures that usually
result in violent practices towards people on the
move.24
The prohibition of torture is an evolving right,
meaning that some acts which are not currently
considered as “torture” may be in the future.
In addition to the fact that the Convention is a
“living instrument which must be interpreted
in the light of present-day conditions”,25 the
European Court recalled it in its case Selmouni v.
France that “certain acts which were classified in
the past as “inhuman and degrading treatment”
as opposed to “torture” could be classified
differently in future. It takes the view that the
increasingly high standard being required
in the area of the protection of human rights
and fundamental liberties correspondingly
and inevitably requires greater firmness in
assessing breaches of the fundamental values
of democratic societies”.26
Due to their already existing vulnerability,
certain groups of individuals may be at greater
risk of torture. This is the case for both people
on the move and people in detention; the
2016 CPT report identified that ill-treatment
is consistently employed by Greek police as a
method of control, indicating the entrenched
nature of the violence.27 In BVMN’s pushback
database, over 94% of testimonies from Greece
in 2022 contained one or more forms of physical
violence, reiterating the systematic use and
normalisation of abuse perpetrated by Greek
authorities.28 Although several international and
regional conventions exist to protect migrants,
refugees and displaced persons, most do not
contain specific provisions on torture. The 1990
International Convention on the Protection of
the Rights of All Migrant Workers and Members
of Their Families,29 which Greece has not ratified,
is one exception.
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