2. PRISONS
2.a. Policy and legislative developments
2.a.1 Transfer of competencies regarding crime policies
The transfer of competencies regarding crime policies was a landmark policy
decision at a symbolic, institutional and functional level. The aforementioned
competencies were transferred from the Ministry of Justice to the Ministry of Citizen
Protection (Presidential Decree 81/2019) following the change in government after
the parliamentary elections in 7.7.2019. Although it is too early to assess the effects
of this policy change and namely its impact on the detainees' living conditions and
human rights, the NPM is alert in order to ensure its compatibility with guidelines
and priorities set by the international and European legislation.
In particular, the transfer of crime policies and of the supervision of prisons to the
Ministry of Citizen Protection (also responsible for the Hellenic police) raises severe
concerns regarding its compliance with the United Nations Standard Minimum
Rules for the Treatment of Prisoners [the «Nelson Mandela Rules»] 4 and the
European Prison Rules of the Council of Europe5 , involving the distinction between
4
Regarding the separate roles between the police and correction services, the UN rules
stipulate that: "Before the completion of the sentence, it is desirable that the necessary steps
be taken to ensure for the prisoner a gradual return to life in society. This aim may be achieved,
depending on the case, by a pre-release regime organized in the same institution or in
another appropriate institution, or by release on trial under some kind of supervision which
must not be entrusted to the police but should be combined with effective social aid" · See
Rule 60 (2) in the initial phrasing of years 1955/1957/1977 (Standard Minimum Rules for the
Treatment of Prisoners Adopted by the First United Nations Congress on the Prevention of
Crime and the Treatment of Offenders, held at Geneva in 1955 and approved by the Economic
and Social Council by its resolutions 663C [XXIV] of 31.7.1957 and 2076 [LXII] of 13.5.1977)
and its amendment in 2015 · identical Rule 87 in στο United Nations Standard Minimum Rules
for the Treatment of Prisoners [the «Nelson Mandela Rules»], Resolution adopted by the
General Assembly on 17.12..2015 (A/RES/70/175)
5
Rule 71, Recommendation Rec(2006)2 of the Committee of Ministers to member states on
the European Prison Rules: "Prisons shall be the responsibility of public authorities separate
from military, police or criminal investigation services". In addition, in the respective
comment: It is important that there should be a clear organisational separation between the
police and the prison administrations. In most European countries the administration of the
police comes under the ministry of the interior while the administration of prisons comes
under the ministry of justice. The Committee of Ministers of the Council of Europe has
19
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