a. b. women are detained in a place separate from men. detention of children must be avoided. Children separated from their families and unaccompanied minors shall be detained only for the time necessary until their safe referral to adequate centres for accommodation of children. c. detention of women in an advanced state of pregnancy or who have recently given birth. d. detainees must be provided with the necessary medical care. e. the right of detainees to legal representation is fully guaranteed. f. detainees are informed of the reasons and the duration of their detention. It is generally acknowledged that the detention centres in Greece, including those for asylum-seekers, fall short of international and European standards. UNHCR has systematically documented this in field 77 visits and other reports on this subject are available .The Council of Europe Commissioner for Human Rights noted in his report on his recent visit to Greece that between 2009 and 2012, the European Court on Human Rights issued 11 judgments against Greece related to violation of article 3 of the European Convention on human Rights (prohibition of torture or inhuman or degrading treatment or punishment) 78 with regards to migrants’ detention conditions. The appalling detention conditions in Greece have also been illustrated by a recent decision of the criminal court of first instance of Igoumenitsa, Greece, according to which a group of 17 migrants who escaped from a Greek detention centre were acquitted on the grounds that the conditions of detention were judged as inhuman and in breach of Article 3 79 ECHR . The Committee for the Prevention of Torture of the Council of Europe (CPT) noted in the report on their last visit in 2011 that the design of detention centres in Greece do not respect the CPT standards and 80 have not respected them at least since 1997. The CPT noted lack of privacy, the lack of maintenance of the building, poor lighting and ventilation, hygiene issues, lack of information, or inappropriate food. The Committee noted that the situation was “further aggravated by the overcrowding prevalent in most facilities”. Finally the report highlights that “the CPT acknowledges the challenges faced by the Greek authorities in coping with the constant influx of irregular migrants. However, the conditions in which irregular migrants are held would appear to be a deliberate policy by the authorities in order to deliver a clear message that only persons with the necessary identity papers should attempt to enter Greece. Certainly this is the impression formed by successive CPT delegations ever since their visit in September 2005”. Although Greek law provides for proper conditions for persons deprived of their liberty, the UN Working Group on Arbitrary Detention found in January 2013 that in practice in most detention facilities the conditions fall far below international human rights standards. It was specifically observed that irregular migrants were mixed in with criminal detainees and that detention may take place for months in police 81 holding cells and border guard stations designed for a maximum stay of 24 hours. 77 78 79 80 81 United Nations High Commissioner for Refugees- Office in Greece, Contribution to the dialogue on migration and asylum, May 2012; European Commission, Press Release, Statement of Cecilia Malmström, European Commissioner for Home Affairs, following the judgement of the European Court of Human Rights on the transfer of asylum seekers under the EU Dublin Regulation, Memo 11/35, Brussels, 21 January 2011. For an overview of European Court of Human Rights’ judgments on detention conditions in Greece see http://infomobile.w2eu.net/2012/11/08/european-court-of-human-rights-rulings-against-greece-for-detentionconditions/. Council of Europe: Commissioner for Human Rights, Report by Nils Muižnieks Commissioner for Human Rights of the Council of Europe following his visit to Greece from 28 January to 1 February 2013, 16 April 2013, CommDH(2013)6. See Criminal Court of first instance of Igoumenitsa, Judgement of 2 October 2012 (in Greek). CPT, Report to the Government of Greece on the visit to Greece carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 19 to 27 January 2011, CPT/Inf(2012)1, Strasbourg, 10 January 2012, par. 11. United Nations Working Group on Arbitrary Detention, Working Group on Arbitrary Detention statement upon the conclusion of its mission to Greece (21 - 31 January 2013), 31 January 2013. 50

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