Crime Law Soc Change (2018) 70:37–56
https://doi.org/10.1007/s10611-017-9718-y
Carceral moderation and the Janus face of international
pressure: A long view of Greece’s engagement
with the European Convention of Human Rights
Sappho Xenakis 1 & Leonidas K. Cheliotis 2
Published online: 22 February 2018
# Springer Science+Business Media B.V., part of Springer Nature 2018
In recent years there has been considerable scholarly debate about the factors
determining the efficacy of international human rights rules and norms. Little effort
has been made, however, to bring this body of research to bear on the study of
human rights violations relating to conventional imprisonment and immigration
detention. This is surprising, both because of the high volume of violations known
to have been occurring within prisons and immigration detention centres around the
world, with a parallel rise in legal and civic forms of mobilisation seeking to
address the problem, and because broad recognition has been paid to the need for
considering international factors and actors when accounting for national- and
local-level developments in the field of incarceration.
With a view to helping fill this gap in the literature, this article examines the pressure
exerted by the European human rights regime on Greece, assessing the efficacy of the
pressure as such (both in terms of the acceptance and implementation of pertinent rules
and norms) and identifying the array and relative significance of the forces that have
given shape to it over time.1 In particular, our analysis takes a long historical perspective to gauge and account for the degree to which conditions of incarceration (including, for more recent years, immigration detention) in Greece have been influenced by
the European Convention of Human Rights (ECHR) through derivative judicial and
monitoring mechanisms: the European Court of Human Rights (ECtHR) and the
1
We use the standard definition of the term ‘regime’ to denote sets of ‘implicit or explicit principles, norms,
rules, and decision-making procedures around which actors’ expectations converge in a given area’ ([1]: 185).
* Sappho Xenakis
s.xenakis@bbk.ac.uk
Leonidas K. Cheliotis
l.cheliotis@lse.ac.uk
1
School of Law, Birkbeck, University of London, London, UK
2
Department of Social Policy, London School of Economics and Political Science, London, UK