The CPT reiterates, once more, its recommendation that foreign nationals deprived of their
liberty under immigration legislation should be systematically and fully informed of their
rights, their legal situation (including the grounds for detention) and the procedure applicable
to them as from the very outset of their deprivation of liberty, and with the assistance of a
qualified interpreter, if necessary. Further, all detained persons should be systematically
provided with a copy of the leaflet setting out this information in a language and manner they
can understand.
Moreover, detained foreign nationals should be provided with regular information and
updates on their situation and the status of their procedure, on a case-by-case basis.
38.
The delegation also found that no effective complaints system was operating in any of the
detention establishments visited. Some rudimentary elements of an internal complaints system were
in place in some pre-removal detention centres, such as Corinth PRDC, where complaint forms were
distributed to detained persons. However, these forms were collected by the duty police officers, and
persons complained that they never received feedback to their written complaints or requests.
Detained persons in all the PRDCs stated that they were also not aware of external complaints
mechanisms.
39.
The CPT considers that effective complaints procedures are basic safeguards against
ill-treatment in immigration detention facilities. Foreign nationals deprived of their liberty should have
avenues to complaint open to them, both internally and externally, and in a language they
understand, and they should be entitled to confidential access to an appropriate complaints authority.
This should notably be ensured by effectively informing detained persons about the available means
of complaint, by ensuring that a proper record is maintained of every complaint made, and that those
detained persons who make them receive, within a reasonable time, a reasoned answer. To this
end, confidential complaints boxes should be placed in the detention areas and only opened by
dedicated staff responsible for the internal complaints process.
The CPT recommends that the Greek authorities take the necessary steps to introduce an
effective internal complaints system in all establishments where foreign nationals are
deprived of their liberty under immigration legislation. In addition, persons in immigration
detention should be informed about the available avenues of external complaint, taking into
account the above remarks.
40.
The CPT wishes to recall again that, in the same way as other categories of detained persons,
foreign nationals deprived of their liberty under immigration legislation should, from the outset of their
deprivation of liberty, enjoy three basic rights that are fundamental safeguards against ill-treatment,
namely the rights to notify a relative or third party of their detention, to have access to a lawyer and
to a doctor.
The CPT once again found that these fundamental safeguards against ill-treatment, for the most
part, do not apply from the very outset of a foreign national’s deprivation of liberty and, more
generally, were not operating properly in practice, despite the existence of clear rules.12 Further, in
some of the pre-removal centres visited, there was no dedicated register for the recording of these
safeguards.
41.
According to the information gathered during the visit, the right to notify a family member or
third person was respected in some police stations visited, where persons could make a telephone
call. However, several detained foreign nationals met by the delegation who were – or had recently
been – in police custody stated that they had not been granted promptly the right to notify a close
relative, or third party of their choice, of their detention (see paragraph 43, as regards contacts with
the outside world).
12. See the report on the CPT’s 2013 visit (CPT/Inf (2014) 26), paragraphs 27-32, where these issues were
clearly laid out. The findings from the Committees’ visits carried out in 2015, 2016, 2018 and 2020 all found
that there had been no improvement.
14
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