A/HRC/16/52/Add.4
37.
The Special Rapporteur welcomes the Government’s plans to establish a bureau
within either the Ministry of Citizen’s Protection or the Ministry of Interior to examine
police misconduct. As of October 2010, a Bill had yet to be submitted to Parliament.
However, the Special Rapporteur emphasizes that a totally independent police complaint
body with full investigative powers under a ministry different than the Ministry of Citizen’s
Protection is needed as already highlighted by the Greek National Commission for Human
Rights.
D.
1.
Conditions of detention
Facilities under the authority of the Ministry of Citizen’s Protection: Migrants and
refugees
38.
The Special Rapporteur notes with concern the systematic detention of aliens upon
arrival in Greece. Furthermore, in Athens, he saw many aliens who were arrested on the
suspicion of a criminal offence then being held under administrative detention by the police
for not possessing valid papers after the dismissal of the case by the prosecutor or the court.
This includes those migrants or refugees who cannot be deported for factual or legal
reasons.
39.
Very often the detainees were not informed of the grounds and length of their
detention. The length of detention was felt to be dependent on the nationality of aliens.
While aliens who cannot be deported (e.g. from Afghanistan, Somalia, Pakistan) were
usually released within several days with an order to leave the country within 30 days,
those who can most often be deported frequently had to wait up to several months in police
custody. This created a feeling of extreme injustice and discrimination among the detainees.
40.
It has been reported to be extremely difficult for aliens to challenge their detention
as there is no regular automatic judicial review. The absence of interpreters and legal aid
reportedly make it practically impossible to complain before an administrative court.
41.
The Special Rapporteur found the conditions of detention in police stations, CID,
border-guard stations and migration detention centres to be very poor throughout the
country. (See appendix for detailed descriptions of all detention facilities visited)
42.
In police custody he almost exclusively came across foreign nationals. While some
were detained on suspicion of a criminal offence, most were held under administrative
detention. In fact, it appeared that many police stations, in particular in Athens, have been
converted into facilities for detention awaiting deportation. The detained aliens were
frequently held in police cells not designed for prolonged detention for up to six months.
They neither provided any meaningful activities nor access to outside exercise and fresh air.
The cells were often overcrowded forcing detainees to share mattresses or sleep on the
floor. They frequently provided insufficient natural lighting and poor ventilation. Although
many police stations have been freshly painted and cleaned before the visit, many detainees
complained about the lack of cleaning, and the beds and sanitary installations were often
unhygienic. As a result of the poor conditions many people had respiratory, skin as well as
psychological problems. Access to medical care was very limited. Many detainees
complained that they had no access to a doctor and even upon specific request were denied
to be brought to a hospital. They further complained about lacking access to phones and
visitors. Thus, some detainees were very worried that they could not inform their relatives
and friends of their whereabouts. The Special Rapporteur witnessed a high degree of
frustration among the detainees who mostly did not understand the grounds for or the
length of their detention and had no access to lawyers or efficient complaints mechanisms.
The conditions of detention were appalling at Venizelos Airport Police Station in Athens,
where aliens were primarily held for the possession of false documents when attempting to
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