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 38

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