PRISONS
The Ombudsman has remarked that the indefinite suspension of community service
(article 98 § 1, L.4623/2019), undermined the acquis of a measure with a 30- year-old
history in Greece, regardless of the specific issues that had arisen during its
implementation and would increase pressure in an already overloaded correctional
system. He recommended the reinforcement of the existing community service
institutions and the establishment of new ones, focusing on human resources and
the issuance of the necessary administrative acts that would allow them to function
without disruption.
Furthermore, the Ombudsman has focused on the proposed amendment regarding
the definition of torture and namely the penal sanctions to civil servants and military
personnel who perform such acts. The Ombudsman recommended the abolition of
the word "methodical" in the phrasing of article 137A of the Greek penal code
("methodical infliction of physical pain") as it narrowed unjustifiably the subjective
elements of the aforementioned crime. The aforementioned abolition has been
repeatedly requested by the UN and the Council of Europe so that the definition of
torture in the Greek penal law would be aligned with other international provisions
(article 1 § 1 of the UN Convention Against Torture). Finally, article 2 of L.4637/2019
has introduced two significant amendments to article 137A of the penal code:
κ First, the addition of paragraph 2 (torture with a motive to discriminate
regardless of intention): "Acts of torture performed by those persons and
under the circumstances described in the previous paragraph, even if
performed without intention, are punishable by the same penalty, if the
victim is chosen on grounds of race, colour, national or ethnic origin, religion,
disability, sexual orientation, gender identity and gender characteristics.
Article 82A PC does not apply in that case."
8
κ Second, in paragraph 6 the word "μεθoδικoς" is replaced by the word
"εσκεμμένoς" 9 to refer to the word 'intentionally' of the English text 10 .
According to the explanatory memorandum of the law "… this choice of
words is aiming at clarifying that only the infliction of pain, exhaustion etc.
The word (pronounced "methodikos") means methodical
The wοrd (prοnοunced as 'eskemenοs') is translated as deliberate tο shοw intentiοn but is
nοt cοmmοnly used in the greek penal legislation.
10
It refers to the UN Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT) adopted by the 39/46 General Assembly Resolution (entry
into force in 26.6.1987) and ratified by Greece with Law 1782/1988
8
9
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