- 11 E. Immediate observations under Article 8, paragraph 5, of the Convention 10. At the meeting with the Greek authorities which took place at the end of the visit on 29 September 2009, the delegation made five immediate observations under Article 8, paragraph 5, of the Convention3. The Greek authorities were requested to provide the CPT by 15 November 2009, respectively, with: - confirmation that Cell No. 4 at Xanthi Police and Border Guard Station has been taken out of use until it has been completely refurbished and provided with both natural light and artificial lighting; - confirmation that the two metal structure containers used for detention purposes by the Port Authority of Patras have been taken out of use; - confirmation, in respect of all women’s prison establishments, that cavity (vaginal) searches of women are only carried out by a qualified doctor who is not the treating doctor, and that the cavity searches are only carried out on the basis of an individual risk assessment and not as a routine security measure; - confirmation that the seven cells measuring 2.2m² or less in the confinement unit of Patras Prison are no longer used to hold inmates; - specific information on the improvements being made to Amfissa Prison in terms of decongestion, material conditions, staffing, health care provision, and regime. 11. By letter of 25 November 2009, the Greek authorities informed the CPT of measures taken in response to some of the afore-mentioned immediate observations, and to other issues raised by the delegation at the end-of-visit talks. This information has been taken into account in the relevant sections of the present report. However, the letter of 25 November 2009 did not address the observation requesting that the two metal structures used for detention purposes by the Port Authority of Patras be taken out of service. During the high-level talks in Athens on 18-19 January 2010, it emerged that no action had been taken to respond to this immediate observation. Such inaction is unacceptable and not in line with the principle of cooperation, as laid down in Article 3 of the Convention. The Minister of Citizen’s Protection assured the delegation that immediate steps would be taken to comply with the observation and to take the containers out of service (see paragraph 85). 3 Article 8, paragraph 5, reads as follows: “If necessary, the Committee may immediately communicate observations to the competent authorities of the Party concerned.”

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