its defining characteristics. The discussion below will draw on shadowing monitoring visits,
discussions I have had with a number of the NPM staff and trainings of the NPM I have
participated in.
History
The Greek Ombudsman’s office was established in 1999. Greece ratified the Optional
Protocol to the Convention against Torture (OPCAT) in 2014 (United Nations, Human
Rights Office of the High Commissioner, 2002), nominating the Ombudsman as the
National Preventive Mechanism (NPM), and the Deputy Ombudsman for Human Rights
as coordinator for this new duty. Preventive monitoring means working to a wide-ranging
set of standards that contribute to creating an environment where torture and ill-treatment
is less likely to happen (Steinbrecher, 2018). A preventive approach, as defined by the
Association for Prevention of Torture, means that visits to places of detention are
proactive rather than reactive so that signs of ill-treatment are spotted before they occur
(See Association for the Prevention of Torture (n.d.)).
OPCAT further guarantees functional independence for NPMs. They should have a
separate, guaranteed budget, and be able to appoint their own staff. They should have the
right to publish and be able to both make recommendations and comment on legislation.
States must grant them access to information necessary to perform their role, such as
numbers of people detained and locations, local establishment data that can help NPMs
to judge how detainees are being treated, and unhindered, private access to detainees. If
these criteria are fully adhered to, NPMs can provide a powerful safeguard.
Article 4 of Law 4228/2014 ratifying OPCAT stipulates that the NPM may visit all public
or private places of detention, including prisons, police station cells, psychiatric
institutions, places of administrative detention of third-country nationals, social care
institutions and elderly care units, etc., with or without previously informing the competent
authorities (Law N° 4228/2014). Until then, the Ombudsman had been conducting adhoc visits to detention facilities, depending on evidence received about the treatment of
detainees or particular issues with living conditions, through formal complaints or
correspondence with NGOs (The Greek Ombudsman, 2005; 2011). According to the
legislation, the NPM may collect evidence using any available means, including visiting the
institutions, interviewing people, and taking photographs. It may request access to all files,
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