A/HRC/45/16/Add.1
United Nations
General Assembly
Distr.: General
29 July 2020
Original: English
Human Rights Council
Forty-fifth session
14 September–2 October 2020
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Visit to Greece
Report of the Working Group on Arbitrary Detention *, **
Summary
The Working Group on Arbitrary Detention visited Greece from 2 to 13 December
2019 upon the invitation of the Government. The Working Group identified positive
developments, including the ratification of the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the
designation of the Greek Ombudsman as the national preventive mechanism, and the use of
alternatives to detention and provisions for early release. At the same time, there were
challenges in the criminal justice system, such as widespread pretrial detention, insufficient
awareness of the right to legal assistance and instances of short trials. In the context of
migration, the Working Group observed, among other issues, a lack of awareness among
detainees of their right to apply for international protection and of the procedural
requirements, a substantial burden on shelters for unaccompanied children, instances of
inaccurate application of procedures for the assessment of age and vulnerability, and
insufficient legal aid to challenge detention and removal decisions. Lastly, the Working
Group found that the procedure for involuntary admission of persons with psychosocial
disabilities remained problematic, and identified delays in consideration of involuntary
admissions by the courts and lack of access to a lawyer to challenge mental health
assessments. Among its recommendations, the Working Group encourages Greece to
become a party to several human rights instruments and to adopt specific practices that
offer greater protection against arbitrary detention.
* The summary of the report is being circulated in all official languages. The report itself, which is
annexed to the summary, is being circulated in the language of submission only. The appendix is
being circulated without formal editing, in the language of submission only.
** Agreement was reached to publish the present report after the standard publication date owing to
circumstances beyond the submitter’s control.
GE.20-10228(E)
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