CAT/C/GRC/CO/7
35.
Under no circumstances should the State party expel, return or extradite a
person to another State where there are substantial grounds for believing that he or
she would be in danger of being subjected to torture. Moreover, as is indicated in
paragraph 20 of the Committee’s general comment No. 4 (2017) on the
implementation of article 3 in the context of article 22, diplomatic assurances should
not be used as a loophole to undermine the principle of non-refoulement as set out in
article 3 of the Convention. The State party should thoroughly consider the merits of
each individual case, including the overall situation with regard to torture and illtreatment in the country of return, provide for independent post-return monitoring
and compile disaggregated data on extraditions.
Conditions of detention
36.
While welcoming the efforts made by the State party to reduce prison overcrowding
and improve health-care services in prisons, the Committee is concerned that high
occupancy rates and poor living conditions remain serious problems in the prison system. It
also observes with concern that no concrete measures have been taken to limit the practice
of remand in custody. Furthermore, as was acknowledged by the delegation, rules on the
separation and categorization of prisoners according to their legal status are still not being
implemented, due to the inadequate structure of the prison system. The Committee takes
note of the statement made by the State party’s delegation that prisoners serving life
sentences are subject to the regular prison regime, but it was not provided with information
on whether they can make a request for their sentences to be reviewed, with a view to their
reduction. With reference to its previous concluding observations (CAT/C/GRC/CO/5-6,
para. 16), the Committee appreciates the information provided by the delegation on the use
of electronic metal detectors and drug urine tests to search prisoners, staff and visitors, as
alternatives to invasive body searches (arts. 11 and 16).
37.
The State party should:
(a)
Continue its efforts to improve conditions of detention and alleviate the
overcrowding of penitentiary institutions, including through the application of noncustodial measures. In that connection, the Committee draws the State party’s
attention to the United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Nelson Mandela Rules), the United Nations Standard Minimum Rules
for Non-custodial Measures (the Tokyo Rules) and the United Nations Rules for the
Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules);
(b)
Ensure, in law and in practice, that pretrial detention is not excessively
applied or prolonged;
(c)
Ensure the strict separation of pretrial detainees from convicted
detainees in all detention facilities;
(d)
Guarantee the periodic review of life sentences with a view to their
commutation, and provide the prisoners concerned with rehabilitation programmes to
prepare for their social reintegration in the event of parole;
(e)
Ensure that strip searches are conducted only in exceptional cases, by
the least intrusive means possible, by trained staff of the same sex, and with full
respect for the dignity of the person.
Psychiatric institutions
38.
The Committee regrets the lack of appropriate training on and strict criteria for the
use of restraints in psychiatric establishments, as observed by the European Committee for
the Prevention of Torture and Inhuman or Degrading Treatment or Punishment in
paragraphs 35 to 41 of the report on its April 2018 visit to Greece. While taking note of the
information provided by the State party on the content of the draft law governing
involuntary hospitalization, the Committee, referring further to the report of the European
Committee (paras. 42–55), notes with concern the observations that the current procedural
safeguards regarding involuntary placement in psychiatric institutions are insufficient. The
9