A/HRC/45/16/Add.1
community, and should have access to necessary health-care services free of charge without
discrimination.
54.
Having visited detention facilities related to the criminal justice system, including
police stations and prisons, the Working Group concludes that, currently, they do not
generally meet international standards, particularly the Nelson Mandela Rules, owing to
overcrowding, lack of adequate cleaning and sanitary services, and inadequate or nonexistent health services. The lack of satisfactory conditions of detention often affects a
detainee’s ability to participate in the criminal proceedings and to present an effective
defence and appeal.6 It is therefore important for the Government to address the conditions
within detention facilities as a matter of priority.
9.
Monitoring of places of detention
55.
In accordance with article 6 of the Penitentiary Code, all detainees are being
informed on their admission to the detention facility about their rights and the possible
ways to address any violation. The Working Group identified, however, a general lack of
awareness among detainees as to how to submit a complaint in relation to their detention
and the conditions in which they were held. There is no visible mechanism in places of
deprivation of liberty, such as a telephone number or relevant contact details, to present
claims to the Greek Ombudsman on violations of human rights. Many detainees also
reported that there were few visits, if any, to their places of detention by relevant
monitoring mechanisms. The Working Group urges Greece to consider establishing a
hotline for reporting in the prisons, taking into account the need for confidentiality of
complaints; to display information about the hotline throughout the prisons; and to provide
sufficient funding for regular and independent monitoring and oversight of places of
detention.
B.
Detention of persons in the context of migration
56.
The Working Group recognizes the challenges involved in respecting international
human rights standards in the current context of mass migration into the country and the
arrival of large numbers of people seeking international protection. Following the closure of
the borders along the Balkan corridor and the adoption of the statement by the European
Union and Turkey in March 2016, the administrative detention of migrants has significantly
increased. In 2017, 68,112 persons were arrested for illegal entry or stay in Greece, 93,367
persons in 2018, and 123,710 persons in 2019. On 1 May 2020, 3,250 persons were in
detention in pre-removal detention centres, while 2,329 of them were under asylum
procedures. In addition, the total number of persons detained in facilities under the
competence of the Hellenic Police was 1,085.
57.
The Working Group visited 11 facilities in which asylum seekers could be deprived
of their liberty, including police stations, border guard stations and cells maintained by the
Hellenic Coast Guard, reception and identification centres and pre-removal detention
centres. It identified problems that could lead to arbitrary and prolonged deprivation of
liberty, including inadequate individual assessment of the appropriateness and necessity of
detention, and detention in inappropriate facilities such as police stations. Equally, the
Working Group identified gaps in the provision of interpretation and legal aid, resulting in
lack of access to judicial remedies against detention decisions. It notes with particular
concern the policy of geographical restriction on the movement of asylum seekers from the
islands and the lack of awareness among asylum seekers of the consequences of breaching
this restriction, namely placement in detention.
1.
Right to seek asylum
58.
According to the Government, the Hellenic Police has been given clear orders to
respect the right of detainees to submit an application for international protection and to
6
10
Opinion No. 52/2018, para. 79 (j), and E/CN.4/2004/3/Add.3, para. 33.
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