The CPT standards 1. In accordance with the CPT guidelines, the minimum amount of space that must be allocated to a detainee in a shared facility is 4m2.16 The current distribution of eight (8) detainees per one container of 25-32m2 places Amygdaleza at the margin or below this threshold.Running a facility that is overcrowded generates by itself State liability under international human rights law. 2. The conditions in which irregular migrants are held must reflect the nature of their deprivation of liberty — which in the case of those held in Amygdaleza is not criminal. 17 This entails amongst others the duty to secure that the premises create the impression of a non-carceral environment and with as few restrictions as possible: “Obviously, such centres should provide accommodation which is adequately- furnished, clean and in a good state of repair, and which offers sufficient living space for the numbers involved. [...] As regards regime activities, they should include outdoor exercise, access to a day room and to radio/television and newspapers/magazines, as well as other appropriate means of recreation (e.g. board games, table tennis). The longer the period for which persons are detained, the more developed should be the activities which are offered to them”.18 The barbed wire, scarce plastic chairs and currently empty yard of Amygdaleza obviously do not live up to these standards either. 3. Other problems that have hampered the smooth functioning of Amygdaleza and raise issues under the CPT standards include19: 16 17 18 19 Condition of camp Lack of warm water Emergency situations Revolt by detainees Other services with problems Daily cleaning A/C malfunctioning Outbreak of scabies Insufficient Hygiene Hunger strike Scarce clothing Suicide attempts Medical supplies/ access to doctor Legal aid/ access to a lawyer See United Nations Office on Drugs and Crime “Custodial and non-custodial measures: the Prison System”, 2006, available at http://www.unodc.org/documents/justice-and-prisonreform/cjat_eng/1_Prison_%20System.pdf p. 11, par. 4.2.1. See European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or punishment, “CPT standards”, CPT/Inf/E (2002)1 — Rev. 2013, available at http://www.cpt.coe.int/en/documents/eng-standards.pdf p. 65, par. 28. Ibid. par. 29. See Communication from NGOs (Amnesty International, The International Commission of Jurists (ICJ) and the European Council on Refugees and Exiles (ECRE)) (18 and 22/02/13) and reply of the Greek authorities (27/02/13) in the case of M.S.S. against Belgium and Greece (Application No. 30696/09), Amnesty International's Submission, pp. 8-9 and Second Joint Submission of the International Commission of Jurists (ICJ) and of the European Council on Refugees and Exiles (ECRE), p. 8, February 2013, available at https://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&Instra netImage=2242120&SecMode=1&DocId=1986544&Usage=2 available at https://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&Instra netImage=2242120&SecMode=1&DocId=1986544&Usage=2 ; see also Letter by “Medical Intervention”, dated 28 April 2014; See Report of the Greek Ombudsman available at http://www.synigoros.gr/resources/diapistwseis-stp-29-05-2013--2.pdf ; see also Prot. no. 6634/1-356717 Reply of the Aliens Directorate to the Greek Ombudsman, dated 19 July 2013, available at http://www.synigoros.gr/resources/apanthsh-elas-19-07-13.pdf . 5