A/HRC/16/52/Add.4
investigating and imposing appropriate disciplinary and penal measures. However, in
conducting interviews with female prisoners in Korydallos, the Special Rapporteur found
that the practice continued to take place on a regular basis whenever female prisoners were
returned to the facility from an outside visit, i.e. to attend court or visit the doctor.
IV.
Measures undertaken since the visit of the Special
Rapporteur
79.
The Special Rapporteur welcomes supplementary information provided by the
Government of Greece on legislative and other measures, it has taken since his country
visit:
(a)
Presidential decree 114/200(Procedure for the recognition of the status of
refugee or beneficiary of auxiliary protection to non nationals and stateless persons);
(b)
Law 3907 of 26 January 2011 was published in the Government Gazette
(A/26 Jan 2011). The law will provide for the establishment of an Asylum Agency and a
First Reception Service for Immigrants, as well as for harmonization of the Greek
legislation with the provisions of Directive 2008/115/EC on common standards and
procedures in Member States for returns of illegally staying third-country nationals;
(c)
Regarding the use of non-custodial measures, the Law 3904/2010 (GG
218/2010 v.A') has been recently voted on and will determine the necessary conditions for
reducing prison sentences to community services. Since its implementation, approximately
650 detainees have been released pursuant to it. The Joint Ministerial Decision on the
participation of 277 entities in the implementation of community services institution has
also taken effect;
(d)
Inclusion of a provision to address the backlog of first-instance asylum cases
in a Draft Law on the establishment of an office to address incidents of arbitrariness in the
Ministry of Citizen Protection. The law is currently being discussed in Parliament;
(e)
The establishment of a joint committee that visits police detention facilities to
verify compliance with terms and conditions relating to hygiene and safety of detainees and
the protection of their rights.
V.
Conclusions and recommendations
A.
Conclusions
80.
The Special Rapporteur expresses his deep appreciation to the Government of
Greece for the full cooperation extended by the authorities during the course of the
mission. He recognizes the challenges faced by the Government regarding the high
numbers of irregular migrants and refugees entering the country every day. He
believes the Government wants to change the current practice of systematic detention
into a reformed system that is in accordance with international human rights and
humanitarian law.
81.
There is a humanitarian crisis facing new arrivals into Greece, detained in
overcrowded and poor conditions amounting to inhuman and degrading treatment;
particularly vulnerable are pregnant women, single women with small children, and
unaccompanied minors. Most have no access to legal assistance or interpretation and
medical attention is extremely limited or unavailable.
19
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