A/HRC/25/60/Add.2
Rights Council Resolution 16/23 urges States “(t)o ensure that victims of torture or other
cruel, inhuman or degrading treatment or punishment obtain redress, are awarded fair and
adequate compensation and receive appropriate social, psychological, medical and other
relevant specialized rehabilitation, and urges States to establish, maintain, facilitate or
support rehabilitation centers or facilities where victims of torture can receive such
treatment and where effective measures for ensuring the safety of their staff and patients are
taken.” The Special Rapporteur calls on the Government to undertake a prompt and
independent investigation of the allegations of torture of these prison escapees, leading to
prosecution and punishment of the perpetrators, and to provide full redress to the victims.
Greece
(a)
JAL 15/08/2013 Case No. GRC 2/2013 State reply: 25/10/2013 Alleged death of a
migrant detainee, suicides in detention, insufficient access to health care in detention,
and lack of compensation to migrant victims of shooting.
55.
The Special Rapporteur thanks the Government for its reply dated 25 October 2013
to allegations of mistreatment of irregular migrants as well as migrant workers. According
to the information received, on 27 July 2013, Mr. Mohammad Hasan, a 28 year-old Afghan
migrant who had been detained for almost 11 months, died in a hospital in Athens.
Allegedly, the police authorities at Korinthos detention centre had repeatedly rejected his
requests to see a doctor. Furthermore, in two recent incidents, in police facilities in Grevena
and Kozani, two migrants allegedly committed suicide while in detention. It is further
reported that a 33 year-old Congolese man was awaiting amputation of both legs following
seven months of detention in Komotini without appropriate access to medical care, and a
28-year-old Afghan national, suffering from a serious disease, was hospitalized.
Additionally, a group of Bangladeshi strawberry pickers who were shot at on 17 April of
this year in Nea Manolada have allegedly received no support from the Greek government
despite promises of compensation and protective immigration status. The Special
Rapporteur expressed concerns in the communication that such accounts further illustrate
the poor conditions of detention within police stations, border guard stations, and migrant
detention facilities observed by the previous Special Rapporteur during his visit to Greece
in 2010. It was noted that prolonged detention of migrants under the conditions of
detention described amounts to inhuman and degrading treatment, in violation of articles 7
and 10 of the ICCPR (Para. 47) and furthermore that reported deaths of persons in state
custody such as those described could amount to a breach of those individuals’ right to life
and security as enshrined in article 6 of the ICCPR. Additionally, in regard to the alleged
shooting of the Bangladeshi strawberry pickers in Nea Manolada, the Special Rapporteur
expressed concern that the Government’s treatment of the victims following the attack,
including failure to provide adequate compensation and continued detention in poor
conditions, could amount to a violation of paragraph 18 of the General Comment No. 2 of
the Committee against Torture (CAT/C/GC/2, 24 January 2008). In this provision, the
Committee has made clear that where State authorities or others acting in official capacity
or under colour of law, know or have reasonable grounds to believe that acts of torture or
ill-treatment are being committed by non-State officials or private actors and they fail to
exercise due diligence to prevent, investigate, prosecute and punish such non-State officials
or private actors consistently with the Convention, the State bears responsibility and its
officials should be considered as authors, complicit or otherwise responsible under the
Convention for consenting to or acquiescing in such impermissible acts. The Special
Rapporteur acknowledges and thanks the Government for its reply to these allegations in
which they stated that ongoing investigations were underway into the circumstances of the
reported deaths in custody as well as into the treatment of the Bangladeshi migrant workers
following the attack at Nea Mnolada. The Government reported further to document the
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