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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