B. Infrastructure Facilities - Living
conditions
As regards detention in the Pre-removal Centers for third-country nationals (PROKEKA), the Ombudsman
had noted back in 2014 the fragmentary manner in which basic services were provided, such as a
doctor, nurses, as well as services that are closely linked with
efficient medical care, such as the services of a psychologist,
social worker and interpreter. There is provision for these
services in the detention centers, but they are only implemented on an occasional basis, because they depend on
tenders which present very long time gaps. This issue is
linked to the general problem of the stable funding of the
Pre-removal Centers with the use of funds from the ordinary
national programme that had been approved for Greece in
the summer of 2015 by the AMIF.170
3.3. Health
services during
detention
The Ombudsman, during visits, found that contracted doctors
of the Hellenic Center for Disease Control & Prevention provided services during 2016 both in the Pre-removal Center
of Corinth and the Pre-removal Center of Tavros (Athens)
The coverage however by a general practitioner and a nurse
in a detention center such as the one in Tavros cannot be
considered adequate. Corinth, which has a very high population of detainees (around 700 people), is also covered with
the visits of a psychiatrist, but the Hellenic Center for Disease Control & Prevention does not have a daily presence,
but only 3 mornings a week. Filling in a health card for each
detainee, as required by the Rules of Operation of the Preremoval Centers,171 and their systematic medical monitoring
are still to be met in detention sites where the responsibility
for the protection of the person’s health lies primarily with
the state. The fact that they are centers where detainees
are constantly on the move, such as the PROKEKA of Tavros, which is the site for the initial gathering of the detained
population under the jurisdiction of the Aliens Police Division
of Attica, render even more difficult the provision of medical care, especially when the transferred individuals’ medical
history is not available.
The living conditions in the Detention Centers also give rise
to questions regarding the further exacerbation especially
of the mental health of the third-country nationals from the
long-term detention, in combination with the uncertainty
about their future and their inadequate information. The Ombudsman notes that the concentration especially of patients
with contagious diseases, such as AIDS, tuberculosis, hepatitis B and C in a dedicated wing of the building on P. Ralli
Str (Athens) needs to be further investigated. A concern is
also created from the doctor’s standard assurance towards
the members of the Independent Authority carrying out the
external monitoring of the return operations starting from
this center, that the patients included in the operations are
not active carriers of diseases.
It should be finally noted that the Ombudsman had already
recommended since 2014172 for administrative detainees
that the level of medical care must be proportionate to that
of the rest of the population, on the analogy of the Penitentiary Code (Article 27). The Rules of Operation of the Detention Centers in early 2015 limited the provision of services
to the “necessary” medical and pharmaceutical care. The
law, especially for asylum seeking173 detainees refers to the
appropriate medical care. The Ombudsman sent a detailed
opinion to the Ministry of Migration Policy on the draft law
that was put to consultation in October 2016 regarding the
reception of the applicants for international protection (Directive 2013/33/EU (recast), 29.6.13). The Ombudsman
noted among other things that the health, including mental
health, of applicants in detention shall be of primary concern
to national authorities, according to Article 11(1) of the Directive. Also, in Article 19 of the Directive, the necessary
medical care includes at minimum the urgent health care
and the necessary treatment for diseases and serious mental disorders, as well as the provision to applicants in need
of special care of the necessary medical or other assistance,
including mental health care, where needed. The relevant
draft law for the reception of the applicants for international
protection was not however submitted to Parliament.
It is further noted that the shortage in interpreters puts at
risk the correct provision of health services to the detainees.
A related problem is the inconsistent provision of pharmaceutical products and the coverage of the relevant amounts
either with an occasional expenditure coverage or through
the sponsorships of associations, NGOs, etc.
170 See Annual Report 2015, pg. 129.
171 Article 12 of JMD 8038/23/22-ιγ/2015 (Government Gazette Β 118/211-2015).
54
172 See Annual Report 2014, pg. 154.
173 Article 46(10)(d) of Law 4375/2016.
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