A/HRC/16/52/Add.4
systematically detained. According to the Government, in 2008, some 50 per cent of all
arrests of aliens in the EU took place in Greece. This number has increased to 75 per cent in
2009 and almost 90 per cent in 2010. The mass influx, coupled with systematic detention,
puts border-guard stations and migration detention facilities at the Greek Turkish border in
a situation of crisis. But the police facilities in areas with high rates of aliens are also
overcrowded with persons in detention awaiting deportation. The detention crisis is further
worsened by the Government’s extreme budgetary constraints due to the current economic
crisis in the country.
25.
The migration burden on Greece is aggravated by the Dublin II Regulation
allocating the responsibility for asylum claims to the country of first entry. Thus, every
asylum-seeker having entered through Greek territory is to be returned to Greece for filing
an application, creating a totally unequal burden for the protection of refugees in the EU.
26.
Since taking office in October 2009, the Government has made the issue of
detention of irregular migrants and refugees a priority and is planning a substantive reform
of the asylum system and migration management.
B.
1.
Acts of torture and ill-treatment in places of detention
Facilities under the authority of the Ministry of Citizen’s Protection: Migrants and
Refugees
27.
The Special Rapporteur received numerous allegations of ill-treatment by law
enforcement officers, whether upon arrest, or later in detention; in police stations, Criminal
Investigation Departments (CID), border-guard stations and migration detention centres. He
heard reports and noticed a generally rough attitude of the officers towards detainees, and a
sentiment of anxiety among the detainees. In most places, he found the atmosphere very
agitated and tense.
28.
In police stations and CID, the Special Rapporteur received numerous and consistent
allegations of ill-treatment by law enforcement officials. Many detainees said they have
been physically or verbally abused by police officers either upon arrest or later at the police
station. In a few cases, this ill-treatment amounted to torture. However, the allegations were
rarely corroborated by forensic medical evidence. This may be explained by the nonfunctioning system of police investigation and complaint mechanisms. The Special
Rapporteur also witnessed a high degree of fear of reprisals expressed by detainees in the
hands of the police, sometimes directly, or implied in their behaviour, which, combined
with the dysfunctional judicial system, may perpetuate a system of impunity for police
violence.
29.
The allegations concerned primarily kicks, slaps and punches with feet, hands or
sticks. In addition, the Special Rapporteur was also reported several cases, for example in
Omonia CID, in which the detainees were blindfolded with a motorcycle helmet and
handcuffed before being beaten. In general, the abuses were reported to be more frequent
and brutal in CID premises, where the detainees seemed particularly afraid of the officers.
Often the victims did not understand the reason for their ill-treatment. However, many
alleged to have been abused for complaining about the conditions of detention and for the
purpose of extracting a confession.
30.
In border-guard stations the Special Rapporteur acknowledges the extremely
difficult situation of border guards having to cope with an unprecedented number of arrests
of aliens and a serious lack of resources. He recognizes the authorities’ efforts to cope with
the crisis situation, in particular in Feres Border Guard Station, where the Chief of Police
appeared to be very committed to meet the most basic needs of the detainees.
9