12
THE GREEK OMBUDSMAN
1. Legal Framework,
Resources and Recent
Developments
1.a. Legal Framework and Resources
Greece ratified the Optional Protocol with Law 4228/2014, transposing it into
national legislation (with, in fact, enhanced formal weight, as an international
convention, according to art. 28 of the Constitution). Article 2 of the above
law designated the Ombudsman as the National Preventive Mechanism
against Torture (NPM). This designation recognised the Ombudsman’s long
experience in the protection of rights of persons deprived of their liberty by
constantly highlighting arising problems and submitting respective proposals.
In this context, the Ombudsman has often undertaken a wider action in the
field, by making use of its capacity to investigate cases on its own initiative.
Thus, via its new competency as NPM, the Ombudsman goes far beyond its
traditional intermediary role, in the context of which it usually investigates
cases, after the submission of a complaint, regarding detention conditions
of the detainees, tracing structural problems and submitting remarks and
suggestions. Furthermore, under the general competence of the Constitution
and Law 3094/2003, the Ombudsman has access to all files, documents,
data and archives.
Based on the above lines of action, the NPM implements its operational
planning on monitoring issues related to deprivation of liberty, with the
conviction that detention, as the most severe limitation of liberty, should be
an exception, inflicted only when it is unavoidable or when no alternative
measures can be taken.
1.b. Recent Developments
As prescribed by the OPCAT (art. 18§3), national law (art. 6, Law 4228/2014)
and SPT guidelines (para. 32, CAT/OP/12/5 of 9-12-2010), the effective functioning of the NPM requires both human and financial resources, i.e. appropriate staffing and financial support:
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