- 23 6.
Conclusions
52.
The findings of the 2008 visit to Greece confirm that persons apprehended by Greek law
enforcement agencies continue to run a considerable risk of being ill-treated. However, at the same
time, there are signs that some modest steps forward have been made; in particular, compared to
previous visits, the CPT’s delegation received fewer allegations from irregular migrants of illtreatment on apprehension.
In terms of preventing ill-treatment, the Committee is struck by the fact that there continues
to be no structured or systematic approach towards addressing this phenomenon. There is no
independent police complaints mechanism or independent authority for the inspection of detention
facilities of law enforcement agencies, nor are there any standards for systematically carrying out a
forensic medical examination on persons making allegations of ill-treatment before a judge. In
many cases, not even access to a lawyer or a doctor was arranged in a satisfactory manner. It
appeared once again to the CPT that, in Greece, the combating of ill-treatment by law enforcement
officials depends largely on personal initiative.
The Greek authorities have made it clear in regulations and public statements that they will
not tolerate any abuse by law enforcement officials. However, in order to eradicate ill-treatment by
such officials, it is essential that more rigorous systems be put in place which guarantee that
allegations of ill-treatment are thoroughly, promptly and effectively investigated by an independent
authority and that perpetrators of ill-treatment are punished accordingly. Further, it is important that
the system be transparent in order to gain the confidence of the public and to be seen as fair by law
enforcement officials.
53.
The CPT must reiterate that the conditions of detention of the vast majority of irregular
migrants deprived of their liberty in Greece remain unacceptable.
Detention facilities in police and border guard stations are designed to hold persons for short
periods only and should never be used for prolonged detention. Even for periods of detention of a
few days the material conditions, hygiene and access to medical care are unacceptable and call for
radical improvement.
Both the special facilities for irregular migrants and the police holding facilities continue to
suffer in many cases from the same defects identified by the Committee in its reports on the 2005
and 2007 visits. The CPT considers that the proposed new facilities in Lesbos and near Patras
provide an opportunity for the Greek authorities to construct appropriately designed centres for the
detention of foreigners held under Aliens legislation. Care should be taken in the design and layout
of these premises to avoid the shortcomings identified at both the Petrou Ralli and Filakio facilities.
The CPT acknowledges the present significant influx of irregular migrants into Greece.
However, this cannot justify the poor conditions under which many detained irregular migrants are
currently accommodated. The Committee believes that much would be gained from an improved
organisation and enhanced cooperation between the main actors responsible for managing
accommodation and care for irregular migrants. The Filakio special facility demonstrates that when
all the relevant State and local government bodies cooperate, it is possible to provide for a
reasonably clean and well-maintained establishment.
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