Cheliotis and Xenakis
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order to exceed what by that point was the highest Troika-mandated fiscal target of its
tenure in office; that is, a primary budget surplus of 3.5 percent of GDP (European
Commission, 2019a: 21). Indeed, no other Greek government in the bailout era had
underused public investment budgets to the extent that the Syriza-led coalition did that
year (see, for example, European Commission, 2019b: 20). The rationale underlying this
seemingly absurd move was that over-achieving so high a fiscal target would help persuade the Troika that further austerity measures were no longer necessary (most notably
in the form of scheduled pension cuts) and that debt relief was at last feasible in the
Greek case. To this extent, persisting problems in prison conditions were yet another
form of collateral damage in the Syriza-led government’s ongoing struggle against its
international creditor for a stable and sustainable domestic economy, as well as for a halt
to further degradation in the living conditions of the average Greek person.
All in all, then, the prison reform aspirations of the Syriza-led coalition government –
or, to be more precise, of Syriza as the senior partner of the coalition – were mostly
crushed between the Scylla of judicial obstinacy and the Charybdis of external economic intervention. Throughout its stay in office, Syriza kept on trying to push
through its reform agenda, albeit, of necessity, mainly by way of sporadic and smallscale measures that were beyond the grasp of either the judiciary or the Troika (for
example, repurposing existing resources to strengthen drug rehabilitation programmes
in some prisons). Although the party and, by extension, the government in practice
continued treating the Troika as an invincible force, they did eventually seek to fight
back against, and enforce limits to, the obstructive discretionary powers of judges by
passing an amendment to the country’s Penal Code that reduced maximum sentence
lengths. But this move, carried out as late as 2019, turned out to be no more than a
parting shot; it was, in fact, the last major legislative action taken by the Syriza-led
coalition on any policy front before the elections that brought it down in July that
year. No sooner did right-of-centre New Democracy return to power than it began
undoing key legislative and other measures through which its predecessor had endeavoured to change the Greek prison system for the better.
Migrant detention and human rights before Syriza
In the 1980s, Greece transformed from a country of emigration to a country of immigration, albeit predominantly as one of the main gateways to the EU for irregular migrants.
Over the following three decades, the country proceeded to take an obstructive position
on regularisation and, more generally, to resist the establishment of administrative capabilities that would ensure the management of irregular migration in an efficient and
effective fashion. When the financial crisis broke in the late 2000s, the rate of asylum
applications to Greece was the highest in Europe, whilst the country maintained one of
the lowest rates of refugee recognition on the continent and one of the highest rates of
pending asylum cases worldwide (Cheliotis, 2013, 2017).
Meanwhile, although there is no clarity as to the precise numbers of irregular
migrants held in administrative detention at the time, conditions of migrant detention
had given rise to increasing alarm amongst national and international human rights
bodies. Human Rights Watch and CPT reports, for example, repeatedly told of
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