- 12 9.
The CPT has repeatedly emphasised that the principle of cooperation set out in the
Convention requires that decisive action be taken to improve the situation in the light of the
Committee’s recommendations.
However, the findings of the 2015 visit demonstrate clearly that the situation in respect of
prisons has become critical and that urgent action is required for their recovery starting with
tackling the excessive overcrowding and chronic understaffing in most establishments. Further, the
serious problem of ill-treatment by the police needs to be fully recognised and an effective
mechanism put in place to ensure that allegations of ill-treatment are investigated promptly and
thoroughly. At present, many police officers believe – not without reason – that they can act with
impunity.
10.
The CPT recognises the significant challenges faced by Greece in dealing with large
numbers of irregular migrants entering the country, and that its ability to deal with this influx is
compounded by the current economic crisis. Tackling this phenomenon requires a coordinated
European approach. The CPT welcomes the recent policy change by the Greek authorities to no
longer rely on a policy of long-term detention. On the other hand, the CPT is extremely worried by
the way in which persons apprehended by the Hellenic Police are treated and the situation in which
remand and sentenced prisoners are held. The findings of the CPT’s delegation highlight once again
the necessity to review the operation of the criminal justice system in order to ensure that all
persons, especially foreigners, are afforded all the legal safeguards that should surround
apprehension, arrest and detention. As to conditions of detention, it goes without saying that all
persons deprived of their liberty should be treated with dignity and provided with humane living
conditions.
The CPT trusts that the Greek authorities will take concrete action to address the very
serious concerns raised in this report, notably in relation to prisons1 and police ill-treatment.
In doing so, consideration might be given to tackling some of the issues raised through
substantive cooperation programmes, as discussed with the Minister of Justice, Transparency
and Human Rights and the Alternate Minister of Citizen Protection at the end of the visit.
To this end, the relevant departments of the Council of Europe including the CPT would be
willing to contribute, if so requested by the Greek authorities.
D.
National Preventive Mechanism
11.
Greece ratified the Optional Protocol to the United Nations Convention against Torture
(OPCAT) at the domestic level in January 2014 and deposited the instrument of ratification on 11
February 2014. The law on OPCAT ratification designates the Ombudsperson’s Office as the
National Preventive Mechanism (NPM); it effectively took up this task in October 2014. The Office
has set up a NPM “team” of 13 persons under the Deputy Ombudsman for Human Rights, and
additional investigators will be recruited.
1
The CPT welcomes the constructive tone of the 30 June 2015 response of the Ministry of Justice to the
preliminary observations made by its delegation at the end of the April 2015 visit, as well as by the initial steps
taken to address the concerns raised.
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