Follow-up to the recommendations made by the Special Rapporteur in the report of his visit to Greece from 10 to 20
October 2010 (A/HRC/16/52/Add.4)
32.
On 22 November 2011, the Special Rapporteur sent the table below to the Government of Greece requesting information and
comments on the follow-up measures taken with regard to the implementation of his predecessor‘s recommendations. He expresses
his gratitude to the Government for providing detailed information on the implementation of the recommendations issued in this
report.
33.
The Special Rapporteur takes note of the report of the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT), on the visit to Greece carried out from 19 to 27 January 2011.
34.
He recognises the challenges faced by the Government in copying with the influx of irregular migrants in recent years and
welcomes the open acknowledgment by the authorities of the structural deficiencies in Greece‘s detention policy of irregular
migrants. The Special Rapporteur believes that while many of the problems are caused by a lack of financial resources, some
important steps could be taken that are not resource-dependent, to redress the current situation. The Special Rapporteur calls upon
the Government to ensure that the migrants and refugees are offered adequate screening and reception centres, in humane
conditions, operated by civil authorities.
35.
The Special Rapporteur received reports indicating that despite the repeated assurances of the Government and the ongoing
reforms, the situation of migrants, including unaccompanied migrant children, remains unchanged and in some instances has further
deteriorated in terms of severe overcrowding, unhygienic conditions and poor health-care provision. The Special Rapporteur calls
upon the Government to take measures to improve the treatment and standards of care of irregular migrants and refugees held in
detention facilities, including legislative provisions to ensure that those arrested while trying to enter or leave the country on false
documents are not detained for a prolonged period; that all persons deprived of their liberty are registered from the very moment of
their detention and ensure that law enforcement officials keep accurate registers and custody records, and that pre-trial detainees are
separated from convicted prisoners, and juveniles are separated from adults in all detention facilities.
36.
The Special Rapporteur welcomes the adoption of law 3907/2011 of 18 January 2011, establishing reception centers and an
independent asylum service. He urges the Government to pass the draft directive that will process the backlog of first instance
asylum cases and to ensure a speedy transition to the implementation of the pending draft law on refugees and asylum seekers. He
takes note of the draft new Penal Code submitted to the Minister of Justice, Transparency and Human Rights and of the initiative to
reform the criminal and criminal procedure law aimed at decriminalizing certain offences and reducing prison sentences and
applying non-custodial measures.
37.
The Special Rapporteur welcomes Law 3938/2011 establishing, within the Ministry of Citizen‘s Protection, an Office
responsible for collecting, recording and investigating complaints of acts of torture and ill-treatment. He urges the Government to
establish independent mechanism for the investigation of allegations of torture and other forms of ill-treatment by police officers
under a different authority than the Ministry of Citizen‘s Protection and to ensure that the police detention is subject to rigid time
limits and judicial review by a court.
A/HRC/19/61/Add.3
88
Greece
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