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
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