A/HRC/45/16/Add.1
46.
The Government also informed the Working Group that the list of interpreters is
compiled by the Misdemeanours Judges Council, following a recommendation by the
Public Prosecutor. There has been an effort to populate that list with interpreters for all
required languages, based on statistics and on the predetermined court session days of each
year. However, the Working Group received numerous reports that, despite efforts by the
authorities to expand the list of interpreters, there was a lack of interpreters and, as a result,
detainees were not informed in a language that they understood of the reasons for their
arrest, or their rights as detainees. According to article 14 (3) (f) of the Covenant, anyone
charged with a criminal offence has the right to the free assistance of an interpreter if he or
she cannot understand or speak the language used in court. While the challenges of
providing interpretation are considerable in a context in which persons of many different
nationalities and languages are in contact with the law, the Working Group urges the
Government to provide interpretation services to all persons who have been deprived of
their liberty.
6.
Short trials
47.
A fair trial requires time for the parties to present their evidence and, in particular,
for the accused person to be given adequate time to be heard pursuant to article 14 (1) and
(3) (b) and (d) of the Covenant. According to several credible reports, some criminal trials
have been short, ranging from a few minutes to a few hours, and have been concluded in a
single day. There is often no opportunity for the accused to address the court, while law
enforcement agents are extensively heard. This practice is in direct violation of the right to
a fair trial, including the principle of equality of arms. The Working Group calls upon the
Government to ensure that the accused is given adequate time to present a defence and to
address the court.
7.
Overcrowding of detention facilities
48.
The Working Group notes that severe overcrowding remains an issue in most
detention facilities.
49.
It welcomes the Government’s efforts to address the problem of overcrowding, such
as the construction of new facilities and the priority examination of detainee requests for
transfer to agricultural detention establishments and the Central Warehouse of Prison
Material.
50.
The Working Group invites the Government to continue its efforts and considers
that overcrowding could be further addressed by reducing the use of pretrial detention,
establishing new, separate facilities for pretrial detainees and implementing alternative
measures to detention.
8.
Conditions of detention
51.
During its visits to detention facilities, the Working Group noted that the conditions
were in some instances better for Greek nationals than for foreign nationals. At some prison
facilities, the wards in which Greek nationals were detained appeared to be significantly
less crowded than wards housing non-European nationals. In addition, several non-Greek
detainees reported serious health issues requiring urgent medical attention that had not been
granted by the authorities.
52.
The Working Group was also informed, however, of other cases of vulnerable
individuals and groups who had received appropriate individualized treatment from the
authorities, including persons who had been accused of or had committed serious sexual
offences that required protective measures, and lesbian, gay, bisexual, transgender and
intersex persons. The Working Group invites the Government to ensure consistent
application of individualized treatment in all places of detention.
53.
Furthermore, the Working Group is concerned that, in general, and despite current
efforts by the authorities to meet the staffing needs of the special regional clinics in
detention facilities, the medical services located in prisons are understaffed, which could
result in a higher risk of deaths in custody. According to rule 24 of the Nelson Mandela
Rules, prisoners should enjoy the same standards of health care that are available in the
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents