12
ΣΥΝΗΓΟΡΟΣ ΤΟΥ ΠΟΛΙΤΗ
Ι. Legal framework and
operation of the National
Preventive Mechanism
T
he Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (OPCAT) is an international convention on human rights, which was adopted by the General
Assembly of the United Nations in 2002 and entered into force in 2006.The
common denominator was the consensus and the common understanding of
the member states of the international community, that the efforts against the
ill-treatment of persons who are deprived of their liberty, and are therefore
in an especially vulnerable position, should focus on prevention.
In this context, a broad definition of torture was adopted, including not only
the systematic infliction of pain, but any inhuman and degrading treatment
downgrading human existence. The use of torture offends human dignity
and aims at annihilating the victim’s personality. Not only does it constitute
a criminal act, under both national and international law, it is also an act
against human civilization itself. Facilities such as prisons, immigrant detention centers, psychiatric wards, police cells etc. often pose a threat to
human dignity.
Greece ratified the Optional Protocol with Law 4228/2014, transposing it
into national law with increased formal power. Article 2 of the above law
nominated the Ombudsman as the National Preventive Mechanism against
Torture. The mission of the National Preventive Mechanism comprises of the
regular review of the treatment of persons deprived of liberty, the delivery
of recommendations for improvement to the competent authorities and the
submission of proposals and observations regarding the applicable legislation or drafting of legislation.
Article 4 of L. 4228/2014 stipulates that the National Preventive Mechanism
visits all places of deprivation of liberty -either public or private- with or
without prior notification of the relevant authorities. Such facilities include
prisons, police cells, psychiatric wards, administrative detainment spaces of
third-country nationals, welfare institutions, etc. These visits may be carried
out, in line with international practice, on non-working days or even during
the night. NPM inspections include the collection of data by all means available, such as, indicatively, visiting all detention areas, interviewing persons
and taking photographs. Furthermore, under the general competence of
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