CAT/C/GRC/CO/5-6
limited use of non-custodial measures for juvenile detainees. It is further concerned that
separation between pretrial and convicted detainees as well as juveniles and adults is not
always guaranteed (arts. 2 and 11).
The State party should take effective measures to considerably reduce the length of
pretrial detention. Such measures include reform of the judicial system to ensure that
pretrial detainees receive a fair and speedy trial, as well as application of alternative
pretrial restrictions. In the case of juveniles, detention should only be used in
exceptional circumstances or as a measure of last resort, on grounds specifically
prescribed by law, and then only for the shortest possible time. Furthermore, the State
party should ensure strict separation between pretrial and convicted detainees and
between juveniles and adults in all detention facilities.
Body cavity searches
16.
The Committee expresses its concern at the continued use of invasive body cavity
searches, especially internal, in detention facilities (arts. 11 and 16).
The State party should exercise strict supervision of body search procedures,
especially internal searches, by ensuring that these are performed in a way that is the
least intrusive and most respectful of the integrity of the individual, and in all cases in
compliance with the terms of the Convention. The Committee also recommends that
the State party consider alternatives such as electronic detection methods.
Systematic monitoring of detention facilities, national preventive mechanism
17.
While noting that a number of organizations have a mandate to visit places of
detention and the policy referred to by the delegation to grant NGOs and other bodies
access to prisons, the Committee is concerned that such visits currently take place on an ad
hoc basis due to the absence of an independent organization in charge of systematic
monitoring of all detention facilities. The Committee notes, however that the State party
signed the Optional Protocol to the Convention on 3 March 2011 and that a recent draft law
designates the Greek Ombudsman as the national preventative mechanism (NPM) (arts. 2
and 11).
The State party should ensure that a system of systematic monitoring of all detention
facilities, including facilities for migrants and asylum seekers, be set up. In this
respect, the Committee recommends that the State party ratify the Optional Protocol
as soon as possible and ensure the designation of an NPM with a mandate in
conformity with the provisions of the Optional Protocol. The State party should
further ensure that this mechanism is provided with the necessary human, material
and financial resources to carry out its mandate independently and effectively
throughout the country.
Access to a fair and impartial individual asylum determination procedure
18.
The Committee recognizes the challenges and burdens that the State party faces as
the main entry point into Europe for many migrants and asylum seekers due to its
geographic location, and it welcomes the efforts made to improve the asylum procedure in
terms of quality and promptness. However, the Committee notes with concern that asylum
seekers face serious obstacles in accessing the asylum procedure due to structural
deficiencies and non-functioning screening mechanisms at the Greek border areas and at
the Attika Aliens’ Police Directorate (Petrou Ralli). Such obstacles include the absence of
procedural guarantees, including free legal aid, interpretation and sufficient information, as
well as the requirement of a fixed address. The Committee notes that the State party has
cleared some of the backlog of pending asylum cases and appeals, including through the
establishment of the second instance Appeals Committees, but it regrets that thousands of
cases are still pending. It also remains concerned at the low refugee recognition rates (art.
2).
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