- 25 44.
Concerning the right to inform a third person of one’s detention, the information sheet
mentions the entitlement to contact a Consulate, but no reference is made to family members or
other relevant third persons. Telephones were available in the centres visited, albeit out of order in
some centres such as in Mytilini. However, the lack of means for many detained irregular migrants
to buy a telephone card and the confiscation of their mobile phones37 meant that in practice many
persons could not inform a family member or third party of their situation, even if they were
permitted to do so. The CPT recommends that the policy of systematically confiscating the
mobile phones of detained irregular migrants be reviewed. Further, persons without a mobile
phone and with insufficient means should be offered a free phone call to inform a family
member or third party of their situation.
45.
Access to a lawyer has lost much of its potential effectiveness as a safeguard against illtreatment given that administratively detained irregular migrants do not have access to free legal
aid. Most irregular migrants possess insufficient means to pay for a lawyer themselves and there are
only a few lawyers conducting work on a pro bono basis. Guaranteed access to a lawyer would also
give meaning to the right to seek review by a court of both detention and deportation (respectively,
Articles 76 (3) and 77 of the 2005 Aliens Act).
As far back as 2001, the CPT recommended that provision be made for assistance by a stateappointed lawyer in cases where an administratively detained irregular migrant was not in a position
to appoint and pay for one himself. The CPT continues to believe that such a right should exist. The
CPT recommends that the Greek authorities introduce free legal aid for irregular migrants
without undue delay.
46.
As regards access to medical care, irregular migrants detained in police and border guard
stations are confronted with the same difficulties as criminal suspects38, except that their period of
detention tends to last much longer (up to six months). By contrast, all but two of the dedicated
detention facilities for irregular migrants visited by the delegation have a daily presence of medical
doctors and nurses.
The exceptions were the Piraeus Holding Centre for Aliens39 and the Athens Airport
Holding Areas, where many detained persons claimed that staff would filter requests for a
consultation by an external doctor. The CPT wishes to emphasise that filtering requests to consult a
doctor may have far reaching consequences for the individual concerned, for other detained persons
sharing the cell and for police officers performing custodial duties. For instance, at Athens Airport
Holding Areas, the delegation’s doctor had to intervene to ensure that one detained person, who had
repeatedly requested and been refused medical attention after suffering from blood and grit in his
urine, was sent to a specialist department for an urgent medical examination. In the light of the
numbers of persons detained at the Athens Airport Holding Areas, it is essential that there be a daily
nursing presence and regular visits by a doctor. The CPT recommends that the Greek authorities
take the necessary steps to ensure that this requirement is met.
37
38
39
See also CPT/Inf (2009) 20, paragraph 21.
See paragraph 36 above.
By letter of the Greek authorities of 23 November 2009, the Greek authorities informed the CPT that the
Piraeus Holding Centre for Aliens will be demolished and that a new structure will be built in early 2010.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents