36
THE GREEK OMBUDSMAN
2.e. Institutional interventions
In this section, as in the context of the Special Report of the NPM9 of 2017,
there are interventions which, according to the letter of the law, do not refer
to the specific competence of the NPM but to the general responsibility of
the Ombudsman, since these interventions resulted from reports from citizens rather than from the NPM’s control initiatives, and their handling was
carried out not with the legal instruments of Law 4228/2004 but with those
of Law 3094/2003, i.e. through mediation and intervention at the relevant
ministries and development of legal arguments for a change in the attitude of
such ministries to specific individual cases. Nonetheless, it is vital to include
this report in a summary form as the subject matter of the Ombudsman's
general concern for the rights of detained persons in detention facilities,
and is therefore related to the subject matter of the NPM.
i. Welfare Allowance for Disabled Detainees
The long-standing position of the Ombudsman10 that a custodial sentence
is not a negative condition for the granting of welfare benefits to people
with disabilities, if the other legitimate conditions are met, was ultimately
justified by the issuing of a relevant report. The competent Social Protection Administrations of some municipalities have excluded prisoners
from receiving a severe disability allowance, on the grounds that their
allowance is not justified since their living expenses have already been
borne by the State. The Ombudsman, addressing the Ministry of Labour
and referring to Opinion 60/1999 of the Legal Council of the State, asked
for a resolution of the issue in the light of the principles of legality, fairness
and legitimate trust. Prisoners are not inpatients or inmates of a public
nursing or welfare institution, which might be preclude them from receiving
a severe disability allowance. In addition, even if detention facilities are to
meet basic subsistence and care needs, they do not have the necessary
infrastructure to meet the individualised needs arising from disability, nor
do they aim to do this.11
In response to this, the Ministry clarified to all municipalities that they
must grant preferential disability benefits to persons serving a custodial
sentence.
9
The Greek Ombudsman, Annual Special Report NPM 2017, pp. 23-25 https://www.
synigoros.gr/resources/opcat_2017_gr.pdf
10 The Greek Ombudsman, Report “Welfare Allowance for Disabled Detainees” https://
www.synigoros.gr/?i=human-rights.el.fulakes.530716
11 The Greek Ombudsman, Annual Report 2017, p. 168 https://www.synigoros.gr/resources/ee2017-p00.pdf
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