A/HRC/16/52/Add.4 detainees were able to access the outside, their cells were clean and well-equipped, and the most basic needs were adequately being cared for. 47. The Special Rapporteur concludes that the conditions in all facilities he visited to detain aliens awaiting deportation, with the exception of the Mersidini Migration Detention Centre, were not in conformity with the United Nations Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, or the Standard of Minimum Rules for the Treatment of Prisoners. The prolonged detention of aliens under the conditions of detention described amounts to inhuman and degrading treatment, in violation of articles 7 and 10 of the International Covenant. 36 48. The Government openly acknowledged the severe problems regarding the detention of aliens and has adopted a “Greek Action Plan on Migration Management”. At the points of entry to the country, ”screening centres” will be established where aliens are to be held for no longer than 15 days for their identification and registration. Afterwards, those who cannot be deported for factual or legal reasons shall be transferred to open reception facilities. Those who can be deported will be transferred to “deportee detention centres” where the conditions are to comply with the European Committee for the Prevention of Torture guidelines. The Special Rapporteur welcomes the planned reforms and urges the Government to promptly proceed with their implementation. 2. Judicial prisons 49. In all prisons visited, the Special Rapporteur witnessed a situation of severe overcrowding, with some prisons (Korydallos, Komotini) hosting three times more prisoners than their maximum capacity. At the time of the visit, there were around 12,100 prisoners for a maximum capacity of 9,100 detainees in Greek prisons. Fifty-seven per cent of all prisoners in Greece are foreigners. The Special Rapporteur found that law enforcement officials were completely overwhelmed by the current situation of severe overcrowding and lack of resources. 50. The pretrial rate is very high in Greece, with a national average of 41 per cent. While legislation provides for a separation between pretrial detainees and convicted prisoners, this distinction does not exist in practice due to the lack of infrastructure and capacity, in violation of article 10 of the International Covenant. The Government indicated its plans to construct more prisons, as officials acknowledged that there are at least 500 people being held in police custody who should be in facilities under the Ministry of Justice. 51. In Korydallos Prison in Athens, prisoners were extremely agitated and showed a very high level of frustration. The blocks were overcrowded, and the sanitary conditions were bad, with some mattresses hiding hundreds of cockroaches and bugs. He was informed that detainees had to buy almost everything and were not provided with enough food and sanitary products. He met detainees who had been in pretrial detention for up to 18 months and expressed a strong feeling of arbitrariness. The Special Rapporteur noticed with concern that a part of Block E was hosting aliens in administrative detention, despite the clear lack of competence of prisons for such detainees. He observed that vulnerable groups such as gay, lesbian and transgender persons were held in separate cells. However, they were kept inside at all times in unacceptable conditions. Finally, in Korydallos and Chios Prisons, he noticed a lack of meaningful opportunities for education, work and recreation. The Special Rapporteur welcomes the completion of a new detention facility in 36 See ECtHR judgments: S.D. v. Greece (2009) and Tabesh v. Greece (2009) where the court found the conditions in detention amounted to a violation of Article 3 of the ECHR and a violation of Article 5(1); M.S.S. v. Belgium and Greece (2011). 13

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