Carceral moderation and the Janus face of international pressure
45
deportation or pre-trial detainees, and the majority of violations have related to the
length of proceedings, the right to a fair trial, and the provision of an effective remedy.
Recent years have seen a wider thematic diffusion of violations, including those
relating to the right to life, freedoms of expression, and the prohibition of inhuman
or degrading treatment or punishment. With regard to the latter, ECtHR decisions
against Greece have typically concerned minimal healthcare provision and poor material conditions (e.g., insufficient floor space, lack of ventilation and hot water, unsuitable room temperature and poor hygiene) in conventional prisons, in detention spaces
inside police stations, and increasingly over recent years, in sites of administrative
detention of irregular migrants (see further [42–45]).
Findings against Greece by the ECtHR – and also, in exceptional instances, by
domestic courts – have involved the awarding of considerable monetary damages to
victims (see further [43, 44]). According to ministerial sources, between 2011 and
2015 alone, the 16 convictions Greece received by the ECtHR involved fines
totaling €1,646,000 [46]. Yet Greece has one of the poorest records of ECHR
signatory states in implementing the judgments of the Court [10]. Indeed, the
ECtHR ruled in 2011 that detention practices in Greece violated Article 3 of the
ECHR and therefore that other EU member-states should cease transferring migrants to the country under the Dublin-II agreement [43]. Greece’s persistent failure
to improve conditions of imprisonment and immigration detention has also been
subject to a long series of damning reports by the CPT, culminating in an ‘exceptional public statement’ in March 2011. This was only the sixth public statement to
have been issued by the Committee throughout its entire 22-year existence at that
juncture. Such statements are the sole form of sanction the CPT may apply when
national authorities consistently fail to make the changes requested [44], although
CPT reports have also themselves become an increasingly important source of
evidence for ECtHR judgments [27]. Since then, two further CPT reports have
been published on Greece, which have also been highly critical of persisting and
worsening problems bedevilling conditions of imprisonment and detention in the
country (in 2014 and 2016), alongside a host of damning reports by national and
international NGOs and media organisations.
Greek governments have long responded to critical CPT reports with a combination
of denial and defiance. Forms of denial in official responses to CPT reports have ranged
from simply ‘ignoring findings of risks of ill-treatment’ ([35]: 207) to dismissing
criticisms as ‘unfounded and offending [sic]’ ([47]: 63) – both in terms of fact (that
ill-treatment occurred at all) and degree (that such cases were anything more than
‘isolated incidents’). Greek officials have even challenged the validity of CPT criticisms by claiming that prison conditions and the treatment of prisoners are more
favourable in Greece than in most of its European counterparts (see further [44]). To
the extent that criticisms have been accepted, responses to the CPT have commonly
drawn attention to capacity limitations (from financial restrictions to staffing shortages)
facing the Greek state in ameliorating conditions within prisons and immigration
detention centres, whilst insisting that the country is working towards solutions to the
problems at issue, whether through ongoing investigations (e.g., into allegations of
abuse by staff) or planned legislative and practical interventions. Yet blame has often
been deflected onto prisoners and detainees themselves and, with regard to the treatment of irregular migrants and conditions within administrative detention centres
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents