- 15 22. The challenge of managing the pandemic is rendered more complex by the extreme overcrowding in many establishments which provides a breeding ground for the transmission of the virus. This is particularly the case in overcrowded and unhygienic dormitory-style accommodation. For example, the Covid-19 situation encountered in the small Kos Prison was particularly problematic, despite the marked efforts of the Director and his staff, as persons recently tested positive for the virus had to continue to be placed with other prisoners in large dormitories due to a lack of alternative accommodation to isolate them. At the time of the visit, the prison was effectively in a state of lockdown with 24 active cases of Covid-19 among the 97 prisoners, with positive cases having been detected in all three dormitories where detained persons had less than 3m² of personal living space in very poor material conditions, but only three cells for up to seven persons were available for quarantine purposes. Consequently, at the end of the visit, the delegation invoked Article 8, paragraph 5, of the Convention and requested that immediate action be taken at Kos Prison to ensure that persons who are tested positive for the SARS-CoV-2 virus are held separately from other prisoners to reduce the risk of transmission and subsequent illness. This required reducing the numbers held in Kos Prison. More generally, it is necessary to drastically reduce the overall prison population by resolutely combating prison overcrowding and progressively phasing out dormitory-style accommodation to avoid similar situations in which such intervention is rendered necessary, in times of a public health crisis. By communication of 7 January 2022, the Greek authorities informed the CPT that immediate measures had been taken to transfer 33 persons from Kos to other prison establishments thus reducing the numbers held in the prison to 64 (i.e. 114% of its official capacity) and enabling the establishment to operate “normally”. The CPT welcomes the rapid action taken. As regards prison overcrowding, reference is made to the comments and recommendations made in paragraphs 13-17 above. 2. Ill-treatment a. ill-treatment of prisoners by staff 23. In the course of the visit, most detained persons met by the CPT’s delegation stated that custodial staff behaved correctly towards them. At the same time, prisoners stated that they had little contact with custodial officers as they were quasi absent from the wings. The one exception was at Corfu Prison, where the delegation received a few allegations of physical ill-treatment of prisoners (punches and kicks) by certain prison officers which apparently took place either in the cells or in the reportedly disused wing at the entrance of the establishment and was perceived as being inflicted as a punishment for challenging orders given by prison officers. Further, at Corfu Prison, concordant allegations were also received that a few challenging prisoners were placed overnight in certain of the cells on the reportedly disused wing as an informal punishment. A visit to these cells showed that, in fact, they had been recently used with dirty blankets and a foam mattress lying on the floor as well as a couple of empty water bottles and faecal matter on the toilet of one cell. The cells were totally unacceptable for holding persons even for short periods (dirty, damp, dilapidated, no running water, no access to natural light, crumbling walls and limited ventilation). In its current state, this wing must be closed permanently.

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