families, have access to their mobile phones, access to doctor and interpreter, and
can challenge their detention.2
Since the WGAD’s visit to Greece, three UN treaty bodies have issued specific
recommendations to Greece, namely the Committee against Torture (CAT) in 2019,
the Committee on the Elimination of Racial Discrimination (CERD) in 2016, and the
Human Rights Committee (HRC) in 2015.
The CAT recommended that Greece refrain from detaining asylum seekers and
irregular migrants for prolonged periods, use detention as a measure of last resort
and for the shortest period possible and continue the application of non-custodial
measures, ensure that immigration detainees have access to counsel; guarantee
judicial review to challenge the legality of detention; ensure adequate living
conditions in all immigration centres; ensure adequate medical and mental health
care to detainees; establish an effective and independent oversight mechanism
giving possibility to detainees to bring complaints; ensure that all allegations of
torture and ill-treatment by law-enforcement officials are promptly, thoroughly, and
impartially investigated by the authorities, that the perpetrators are prosecuted, and if
found guilty, punished and that victims are provided with redress. The Committee
also urged Greece to ensure that children are not detained solely because of their
immigration status and cease detaining migrants and asylum seekers, especially
unaccompanied children, in police holding cells (§ 21 and 23).3
The CERD urged Greece to eliminate the automatic detention of migrants arriving on
the islands after the conclusion of the statement by the European Union and Turkey
on migration, introduce alternatives to detention, ensure that those deprived of their
liberty enjoy due process and take measures to convert the reception and
identification centres on the islands into open centres (§ 23).4
The HRC called upon Greece to ensure that detention of all irregular migrants is
necessary and proportionate and for the shortest possible period of time, and that
alternatives to detention are available in law and implemented in practice. The
Committee also recommended ensuring decent living conditions in detention centres,
by providing adequate health care services, food, and sanitary conditions (§ 28).5
Despite the intense and ongoing international attention that Greece has received
since the WGAD’s visit in 2013, it is widely documented that the issues the WGAD
and other human rights bodies have addressed during these years with regards to
immigration detention remain relevant today. At the same time, new issues have
emerged, including as a result of the 2016 EU-Turkey Statement (commonly referred
to as the “EU-Turkey deal”) and the closure of the so-called Balkan corridor in 2016,
Special Rapporteur on the Human Rights of Migrants, “Report of the Special Rapporteur on the
Human Rights of Migrants on his Mission to Greece, A/HRC/35/25/Add.2,” 24 April 2017,
http//www.ohchr.orgEN/Issues/Migration/SRMigrants/Pages/CountryVisits.aspx
2
UN Committee against Torture (CAT), "Concluding Observations on the Seventh Periodic Report of
Greece, CAT/C/GRC/CO/7,” 2019,
https://www.ohchr.org/EN/Countries/ENACARegion/Pages/GRIndex.aspx
3
UN Committee on the Elimination of Racial Discrimination (CERD), “Concluding Observations on the
Twentieth to Twenty-Second Periodic Reports of Greece, CERD/C/GRC/CO/20-22,” 3 October 2016,
https://www.ohchr.org/EN/Countries/ENACARegion/Pages/GRIndex.aspx
4
UN Human Rights Committee (HRC), “Concluding Observations on the Second Periodic Report of
Greece, CCPR/C/GRC/CO/2,” 3 December 2015,
http://www.ohchr.org/EN/Countries/ENACARegion/Pages/GRIndex.aspx
5
GDP & GCR 2019
4