52
Xenakis S., Cheliotis L.
institutional capacity constraints, account for Greece’s long-standing non-compliance with the ECHR.
Our findings suggest that privileging national institutional capacity as the primary
determinant of compliance is wanting in two important ways. On one hand, through a
long historical approach to Greece’s non-compliance with the ECHR in the field of
incarceration, our study illustrates that problems of institutional capacity do not invariably account for continuing human rights violations. Under the 1967–74 dictatorship,
for example, the grand scale of violations was, if anything, illustrative of the strong
institutional capacity of the state (and this both in terms of administration and finances),
rather than the reverse. Nor, as we have shown, was the junta insufficiently familiar
with the expectations of the international human rights regime. On the other hand,
taking a close look at the range of institutional obstacles to human rights reforms
regarding conditions in prisons and immigration detention centres in contemporary
Greece, we propose that consideration of institutional capacity extend to the stance and
practices of key institutional actors themselves, such as the judiciary, whilst at the same
time acknowledging the role of government in shaping institutional capacity in its
various manifestations.
The Greek case affirms the thesis that governments engage in cost-benefit analysis
when considering compliance with international human rights rules and norms, yet our
findings also stress that the costs and benefits under consideration may pertain as much
to the international as to the domestic arena. Clearly, significant social and material procompliance pressures with which Greece has had to contend at certain critical junctures
have emanated from both inside the country (e.g., rioting by prisoners) and beyond
(e.g., criticism and sanctions from the CPT and the ECtHR, respectively), occasionally
triggering, whether singly or together, government initiatives to tackle ongoing human
rights violations in sites of incarceration. The array of powerful forces that have
combined to produce an overall trend towards non-compliance with the ECHR,
however, have similarly spanned influences from both the domestic and international
spheres. During the 1967–74 dictatorship, the widespread use of incarceration under
notoriously brutal conditions was largely targeted against the Greek Left, partly to
intimidate and suppress domestic political opposition to the military regime, and partly
to crush those deemed enemies of the state. But persecution of leftist constituencies also
reflected the politico-economic Cold War priorities of the country’s anti-communist
allies in the West, whose support to the junta effectively counterbalanced the costs of
non-compliance with the ECHR.
Over more recent decades, Greece’s persistent failure to redress abysmal conditions
of incarceration has served important politico-economic functions inside the country,
from cowing disadvantaged groups into accepting exploitation in the workplace, thereby
benefiting business sectors of great electoral importance to political elites, to helping
successive governments limit the electoral damage wrought by their regressive socioeconomic policies. At the same time, mounting criticism of the ECtHR within Europe has combined with the concurrent rise of blatant violations of international human
rights conventions by various Western states to furnish Greece with ample symbolic
cues towards non-compliance with the ECHR in the field of incarceration and beyond.
In recent years, the EU has also set the tone for the harsh treatment specifically of
migrants in carceral sites across Greece by threatening to sanction the country so as to
force it into adopting stricter policies and practices of immigration control that appear
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents