- 11 16. In the report on its 2019 visit, the CPT referred to the study prepared by the Council of Europe on Reducing Prison Overcrowding in Greece,10 based on discussions with the Ministry of Justice in December 2018, which set out the root causes driving prison overcrowding. In a nutshell, the report noted that a breakdown of the sentences imposed by Greek courts on persons in prison illustrated that, compared to other European countries, sentences are particularly long while at the same time the rates of release are below the European median. The report also noted that total crime rates within Greece have decreased significantly over the past decade and are lower than the European median. The report concluded that “the combination of relatively low crime rates and very long prison sentences clearly indicates that Greek prison overcrowding is in the first place the result of a very severe penal policy and legislation”. The subsequent analysis highlighted how more punitive legislation and practice was introduced for certain crimes (e.g. drug offences) in recent years, resulting in penal inflation and prison overcrowding. In March 2021, an updated report on Reducing Prison Overcrowding in Greece concluded that the revision of the Criminal Code in 2019 appeared to take into account Council of Europe standards in moderating the sentences of certain crimes. It also highlighted that the success of the reforms will be determined by an effective implementation of the community sanctions and measures by a well-staffed and well-resourced Probation Service. At the same time, the updated report again pointed to the high number of persons sentenced to long terms of imprisonment as a factor driving overcrowding. For example, as of January 2021, 84% (6,856) of sentenced prisoners were serving long-term prison sentences of over five years in Greece compared to a Council of Europe median of 35%.11 The amendments to the Criminal Code adopted in November 2021 will lead to further increased sentences for a number of crimes.12 17. The CPT recommends that the Greek authorities urgently and vigorously pursue efforts to combat prison overcrowding, by investing and placing further emphasis on non-custodial measures in the period before the imposition of a sentence, increasing the use of alternatives to imprisonment and adopting measures to facilitate the reintegration into society of persons deprived of their liberty. The CPT would like to be informed of the impact of the criminal legislation reforms since June 2019 on sentencing policies and on the use of non-custodial measures. Moreover, the CPT reiterates that it is essential that the adoption of non-custodial measures in law be accompanied by providing judges and prosecutors with the necessary education, and by ensuring that the appropriate infrastructure is in place. 10 11 12 See Report on Reducing Prison Overcrowding in Greece prepared by the Action Against Crime Department, Directorate General of Human Rights and Rule of Law, Council of Europe, March 2019. See Council of Europe Annual Penal Statistics – SPACE I 2020, pages 51, 53 and 55 (as updated in April 2021). Law 4855/2021 notably extended the imposition of mandatory life sentences for several serious crimes. It has also further restricted the eligibility criteria for conditional release and restricted alternatives to imprisonment or non-custodial sanctions and measures (such as suspended sentences or electronic monitoring).