example, a respondent recalled a situation whereby an individual who
was suffering committed suicide and died following the insufficient
response. This issue of dismissiveness, and arguably negligence, led to
several reports of detainees attempting to self harm, in order to be
taken to hospital. Respondents described detainees stabbing
themselves or beating themselves up severely, so that they would
reach the threshold of being taken seriously. This was reported in our
conversations with multiple people who were detained in Corinth,
Paranesti and Amygdaleza. Furthermore, the previous issues discussed
pertaining to a lack of translation are applicable to access to medical
care too, limiting detainees’ capability to express their needs clearly.
Overall, the lack of healthcare, amplified by the general poor hygiene
conditions of facilities resulted in individuals' health deteriorating
drastically whilst in detention. Detainees reported the development of
breathing problems and skin conditions, especially after cold winters.
Coldness in the cells was emphasised by more than 20% of the
testimonies. The European Court of Human Rights considers that
“suffering from cold and heat cannot be underestimated as such
conditions may affect one’s well-being, and may in extreme
circumstances affect health.”[228]
Several respondents reported longer-term conditions, including
cancer, diabetes and joint problems. However, the lack of medical
access and support persisted, and detainees indicated that people
were treated neglectfully in detention.
Despite European legislation not providing specific details on the
health services of detention centres, the ECtHR has expressly clarified
that state acts and deprivation of healthcare can, in certain
circumstances, trigger responsibility to prevent a violation of Article 3
ECHR. In the ECtHR judgment Kudła v. Poland in 2000, specifically
rules that the state must ensure:
“that a person is detained in conditions which are compatible
with respect for his human dignity, that the manner and
method of the execution of the measure do not subject him
to distress or hardship of an intensity exceeding the
unavoidable level of suffering inherent in detention and that,
given the practical demands of imprisonment, his health and
well-being are adequately secured by, among other things,
providing him with the requisite medical assistance”.[229]
Furthermore, the Court also ruled that national authorities must
ensure that treatment in prisons is prompt, and regular monitoring
should be implemented for sick detainees to prevent their conditions
from worsening.[230] In situations where this is not possible,
detention could be found to be in violation of Article 3 ECHR, as was
the case in the 2016 judgment of Sakir v. Greece.
And then, if you were sick
and wanted to see the
doctor, it was very difficult.
Sometimes it takes you
months. The clinical surgeon
because there is one doctor
who is taking care of
thousands of people here so
before you can get assessed
by him, even when you
report when you say you
are sick, you want to see
the doctor, it will take like
one month or two months
or five months.
Emmanuel, Corinth
He had cancer and it was
urgent to be treated, so
they just told him that you
can go if you want, but you
have to drive by yourself,
it’s up to you to find the
place, to find the doctor.
And yeah that’s it.
Esfandiar, Drama
66