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Xenakis S., Cheliotis L.
Committee for the Prevention of Torture, Inhuman or Degrading Treatment or Punishment (CPT), respectively.
Greece readily lends itself as a case study through which to advance understanding
of the effectiveness of pressure from the European human rights regime towards
national compliance with ECHR provisions on incarceration. On one hand, as a
relatively weak state within Europe, Greece might reasonably be expected to have
been more likely to succumb to pressure from powerful continental actors to align its
policies and practices with the Convention. On the other hand, Greece has a long and
turbulent history of engagement with the ECHR, including an exceedingly poor record
of compliance with a number of its provisions. Crucially for present purposes, Greece’s
non-compliance has concerned conditions of incarceration with increasing frequency
over the last twenty years or so, as attested by a long series of damning reports by the
CPT during this timeframe and the concurrent upsurge in the number of convictions of
the country by the ECtHR for violation of Article 3 of the Convention, which prohibits
inhuman or degrading treatment or punishment.
We begin by reviewing extant research, primarily but not solely from the fields of
Law and International Relations, on the nature and effectiveness of pressure through
which international human rights regimes seek to promote national compliance with
their rules and norms. In so doing, we outline the main arguments that can be distilled
from this literature to explain non-compliance, and proceed to test their validity in the
context of Greece with particular reference to conditions of incarceration over two
historical periods: first, from the mid-twentieth century, when Greece joined the CoE
and signed the ECHR, until the fall of the country’s seven-year military dictatorship in
1974; and second, the ensuing decades, including the time elapsed since a coalition
government led by the left-wing Syriza party assumed power in 2015, shortly after the
collapse of a centrist two-party system that had been in place since the restoration of
democracy. We conclude by summarising our findings on the causes behind Greece’s
longstanding non-compliance with the ECHR in the field of incarceration, also
highlighting the implications of these findings for the study of international human
rights regimes and the effectiveness of their interventions inside nation-states. The
Greek case suggests that, in conjunction with select institutional capacity constraints, a
range of domestic and international pressures, material as well as social, may combine
to offset international pressure for national compliance with international human rights
regimes. This not only adds impetus to warnings against mono-causal approaches that
are bound to overlook the possibility of multiple forces operating simultaneously and
cumulatively to produce non-compliance; it also calls attention to the diversity and
potentially competing nature of influences stemming from the international sphere.
The efficacy of international pressure on national human rights
performance: A brief review of the literature
‘Realist’ approaches to international relations have typically underscored the fundamental inequality of the international system, encapsulated in the dictum ‘the strong do what
they can, the weak do what they must’, recorded by Thucydides. From such perspectives, international regimes emerge and survive according to the whim of stronger states,
and weaker states can be expected to comply with such regimes, whether promptly with