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THE GREEK OMBUDSMAN
appears mainly as a result of the uneven distribution of prisoners in detention
facilities, thus keeping the total number of detainees close to the "psychological limit" of 10,000, but, on the other hand, some detention centres have
a worrying degree of overcrowding – without, of course, taking into account
the required minimum space per prisoner.
We therefore see that the initial significant decongestion of detention facilities was gradually reversed, mainly due to the stringency of court rulings in
relation to both the extensive use of temporary detention and the severity
of the penalties imposed on certain categories of crimes. In particular, out
of the total of 10,654 detainees on 1.1.2019, 3,317, i.e. about 31%, were not
yet convicted, while the remaining 7,337, i.e. about 69%, were convicted, of
whom 2,372, or about 32 %, for drug law offences, while the remaining 4,965,
or 68%, for other offences. However, in relation to the sentences imposed,
there is a significant disparity among the convicts: 6,524 persons, that is,
approximately 89% of convicts, have been sentenced to imprisonment from
5 to 15 years and over (namely, 5,564 or 76% of convicts) up to life imprisonment (960, i.e. 13%). The remaining 763 convicted prisoners, i.e. only 11% of
the total, serve prison sentences of up to 5 years – while there are of course
some who have been unable to convert and/or pay off sentences of up to
6 months, from 6 months to 1 year, and from 1 to 2 years4.
Therefore, the Ombudsman's approach to overcrowding is still necessary, as
it is consistent with the position the NPM has made since its first report5 in
2014 that "it is a primary issue for securing the hard core of the fundamental
rights" of prisoners, while its approach is geared towards a "total" review of
the functioning of the criminal system, both in its individual aspects – i.e. the
legislative (penal system), the judicial (penalty) and the prison (conditions
of detention) – and overall, the interactions between them, in the context of
a coherent, criminal and punitive policy."6
ii. Inadequate handling of incidents of violence amongst detainees
On the occasion of reports of detainees within the framework of the Ombudsman's general competence, the NPM in 2018 sought special information on how incidents of violence among detainees are being dealt with
in terms of collecting medical files and through further disciplinary and
criminal investigations, focusing on the increased responsibility of the State
for ensuring the life, physical integrity and dignity of the detainees, and
4
5
6
Ministry of Justice, “General Statistical Board of Detainees and penalties (20032019)” http://www.ministryofjustice.gr/site/el/ΣΩΦPOΝΙΣΤΙΚΟΣΥΣΤΗΜΑ/
Στατιστικάστοιχείακρατουμένων.aspx
The Greek Ombudsman, Annual Special Report NPM 2014, p. 5 https://www.synigoros.gr/resources/docs/greek_web.pdf
The Greek Ombudsman, Annual Special Report NPM 2015, p. 134 https://www.synigoros.gr/resources/docs/ee2015-15-basanistiria--2.pdf
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