A/HRC/45/16/Add.1
B.
Alternatives to detention
25.
The Government has underlined that it applies alternative forms of detention, such
as the obligation to report regularly to the authorities.
26.
Under the amended Penal Code (Law No. 4619/2019), penalties have been reduced
and the use of non-custodial measures is encouraged. Article 52 reduces the maximum
penalty to 15 years for all offences, with the exception of life sentences. Sentences in youth
detention facilities range from six months to five years if the normal sentence applicable is
up to 10 years’ imprisonment, and from two to eight years for a life sentence or other
sentence (art. 54). Article 55 provides for community service alternatives, while minor
offences punishable by fines only are no longer prosecuted.
27.
While the Working Group acknowledges that these provisions are positive steps
forward, it emphasizes that there is still considerable scope for their implementation and
encourages the Government to expand the use of non-custodial measures.
C.
Provisions for early release
28.
The Working Group was informed that prisoners who had served a percentage of
their sentence were eligible for early release from detention. Under article 105B of the
Penal Code, convicts may be released when they have served two fifths of the required time
to be served in the case of a sentence up to five years, and three fifths of the required time
in the case of a sentence of between 5 and 20 years.
29.
In addition, according to article 105B of the Penal Code, convicts who work, attend
school or participate in vocational training are eligible for a reduction in their sentence to
reflect the time spent working or attending these programmes. Up to two days are deducted
from the sentence for every day of occupational or educational activity undertaken.
Prisoners working in agricultural detention establishments and the Central Warehouse of
Prison Material are paid for their work (art. 43 of the Penitentiary Code).
30.
Furthermore, certain categories of prisoners are eligible for early release. According
to article 105 (1) of the Penal Code, persons over the age of 70 years who have been
sentenced to up to 15 years’ imprisonment serve the sentence or the remainder of the
sentence at home. In addition, under article 105B (4) of the Code, each day of detention
spent working by prisoners suffering from a number of serious health conditions is
considered to count as two days of their sentence. The same applies to prisoners with a
disability rate of 50 per cent or more, who cannot work or who require assistance; prisoners
with a disability rate of 67 per cent or more; detainees who are prohibited by the opinion of
a disability certification centre from taking up work or employment; prisoners who are
being treated in medical institutions and whose treatment has lasted for at least four
months; detained mothers with minor children; prisoners participating in a treatment
programme for drug addiction; and prisoners detained in police stations or police division
offices. However, the Working Group met with one detainee aged 70 who had not benefited
from these provisions, and therefore encourages the Government to ensure that they are
uniformly applied in practice.
31.
The Working Group was informed that early release was implemented and was able
to confirm that assertion during its visits to detention facilities. For example, the Working
Group observed that, despite the challenging conditions at Korydallos Prison in Athens, the
authorities delivered educational programmes, including for the purposes of finishing high
school and studying at university, and various vocational projects that could be used to
reduce sentences.
32.
The reduction of sentences under these provisions is commendable as it provides
convicted persons with the ability to undertake work and gain new vocational and other
skills, and contributes to reintegrating them into society more quickly. These provisions are
also an important means of addressing the serious problem of overcrowding in detention
facilities. The Working Group urges the Government to continue to extend this practice as
much as possible.
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