A/HRC/45/16/Add.1
I. Introduction
1.
At the invitation of the Government, the Working Group on Arbitrary Detention
conducted an official visit to Greece from 2 to 13 December 2019. The Working Group was
represented by José Antonio Guevara Bermúdez (Mexico, Chair-Rapporteur), Leigh
Toomey (Australia, Vice-Chair) and Sètondji Roland Adjovi (Benin) and accompanied by
staff from the Office of the United Nations High Commissioner for Human Rights. This
was the second official visit of the Working Group to Greece, the first visit having been
conducted in 2013 (see A/HRC/27/48/Add.2). The Working Group would like to thank the
Office of the United Nations High Commissioner for Refugees (UNHCR) and the United
Nations Children’s Fund for the support provided prior to and during the visit.
2.
The Working Group extends its gratitude to the Government for inviting it to
undertake this visit and for its fullest cooperation. This includes securing all requested
meetings with stakeholders, providing relevant data and information and ensuring
unimpeded access to all places of detention. This is a strong foundation for the Working
Group to continue to provide advice and assistance to the authorities on detention practices.
3.
The Working Group met with officials from the Ministry of Foreign Affairs, the
Ministry of Citizen Protection, the Ministry of Health, the Ministry of Labour and Social
Affairs, the Ministry of Shipping and Island Policy, the Hellenic Supreme Court of Civil
and Criminal Justice, the Supreme Court’s Public Prosecutor’s Office, the Public
Prosecutor’s Office in Thessaloniki, members of the Athens and Thessaloniki Bar
Associations, the National Centre for Social Solidarity, the National Coordinator for
Unaccompanied Minors, the Greek National Commission for Human Rights and the Greek
Ombudsman.
4.
The Working Group visited 21 places of deprivation of liberty in Attica (including
Athens), the Peloponnese, the island of Kos in the south Aegean, Thessaloniki and eastern
Macedonia and Thrace (see appendix). It was able to confidentially interview over 150
persons deprived of their liberty.
5.
The Working Group also recognizes various stakeholders within the country who
shared their perspectives on the arbitrary deprivation of liberty, including representatives of
civil society, lawyers and individuals currently deprived of liberty. The Working Group
thanks them for the information and assistance provided.
6.
The Working Group shared its preliminary findings on 13 December 2019. It
intends to continue its constructive dialogue with the Government on the issues presented in
the present report. This report takes into account information provided by the Government
on progress made since the Working Group’s previous visit, in 2013.
II. Overview of the institutional and legal framework
A.
International human rights obligations
7.
Greece is party to most major international human rights instruments, including the
International Covenant on Civil and Political Rights, the Optional Protocol to the
International Covenant on Civil and Political Rights and the Second Optional Protocol to
the International Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment and its Optional Protocol; the Convention on the Rights of the Child and two
of its Optional Protocols; the Convention on the Rights of Persons with Disabilities and its
Optional Protocol; the International Convention for the Protection of All Persons from
Enforced Disappearance; and the Convention on the Elimination of All Forms of
Discrimination against Women and its Optional Protocol.
8.
Furthermore, the State has ratified or acceded to the Convention on the Prevention
and Punishment of the Crime of Genocide, the Convention relating to the Status of
Refugees and the Protocol thereto, the Convention relating to the Status of Stateless
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