A/HRC/45/16/Add.1 VI. Recommendations 107. The Working Group recommends that the State become a State party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Optional Protocol to the Convention on the Rights of the Child on a communications procedure and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. 108. The Working Group recommends that the Government take the following measures in building upon its positive initiatives to address the arbitrary deprivation of liberty: (a) Support the Greek Ombudsman – the national preventive mechanism – to enable visits in a more regular manner to all places of deprivation of liberty across the country, and engage with it on the implementation of its recommendations; (b) Implement provisions allowing for alternatives to detention and noncustodial measures, including Law No. 4619/2019; (c) Continue to extend the provisions for early release as much as possible, ensuring that all those who work as part of such schemes are paid for their labour. 109. The Working Group recommends that the Government take the following measures in relation to the criminal justice system: (a) Ensure that all persons arrested or detained on a criminal charge are brought before a judicial authority, rather than the Public Prosecutor, within 48 hours, in compliance with article 9 (3) of the International Covenant on Civil and Political Rights; (b) Seek non-custodial measures whenever possible and ensure that persons detained pending trial are separated from convicted persons and are not treated as though they were convicted persons; (c) Ensure the presumption of innocence and fair consideration of all available evidence when making decisions to detain, regardless of the nationality of the accused; (d) Extend the right to legal assistance to all detainees, including those accused of misdemeanours, and promptly inform them upon apprehension about the right to legal assistance, including immediately after the moment of apprehension; (e) Provide interpretation services to all persons deprived of their liberty; (f) Provide the accused with adequate time to present a defence and to address the court, taking into account the nature and complexity of the alleged criminal offence; (g) Address overcrowding in detention facilities by reducing the use of pretrial detention, establishing new, separate facilities for pretrial detainees and implementing alternative measures to detention; (h) Address unsatisfactory conditions of detention and health services, and the reportedly unequal treatment of Greek and other nationals; (i) Provide information to detainees on how to lodge complaints, including by establishing a reporting hotline and publicly displaying information on the complaints procedure while taking into account the confidentiality of complaints, and by providing sufficient funding for regular and independent monitoring of places of detention. 110. The Working Group recommends that the Government take the following measures in relation to the deprivation of liberty in the context of migration: (a) Ensure that detention of asylum seekers is applied exceptionally and as provided for by law, and that alternatives to detention are considered; that asylum 18

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents