Visiting Greece

The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment carried out its last visit to Greece from 23 September to 5 October 2001. In this occasion, the CPT’s delegation visited police headquarters and stations, transfer centres, detention facilities for aliens, certain of them for the first time. It also visited two establishments of Coast Guard’s Port Police.

In the course of the visit, the delegation interviewed several persons victims of ill-treatments by law enforcement officials: kicks and blows with hands, fists, batons or various other objects, often inflicted during questioning. These allegations concerned in the main the police.

Specific mention is paid to the following cases because of seriousness of the ill-treatments alleged.

1.     At Khania Police Headquarters, one person claimed that, four days earlier, several police officers had beaten him (blows with hands, fists and batons to various parts of the body) at the time of arrest and during questioning on police premises. A medical member of the delegation observed that he displayed a deep bluish-red 10 x 15 cm haematoma on the right buttock; a 3 x 5 cm haematoma on the right thigh and posterior of the right knee; a 2 x 2 cm excoriation on the right elbow; a purple 3 x 6 cm haematoma on the upper right side of the abdomen; and a sub orbital haematoma of the left eye, as well as blood injection on the sclera of that eye;

2.     At Igoumenitsa Police Headquarters, the delegation interviewed two persons in custody. One of them claimed that the police officers who had arrested him the previous day had slapped him on the face. Further, he alleged that, during subsequent questioning in an office at the police headquarters, several officers had struck him on the back and on the legs with batons/truncheons. An examination by a medical member of the delegation revealed several 1.5 cm x 14.5 cm haematomas on the back, around the left shoulder region; he also displayed two dark blue 2 x 7 cm parallel haematomas on the upper left leg, separated by a 2.5 cm reddish-blue area; and a 1.8 x 3.2 cm haematoma on the external side of the upper right leg. The other detainee stated that, also during questioning, police officers had struck him on the legs using batons and threatened him with beatings on the soles of the feet (falaka). Upon medical examination by one of the delegation’s doctors, he was found to display a 2 x 6 cm haematoma, dark blue along the sides with a reddish central area, on the external side of the upper left leg;

3.     At the Piraeus Port Police Station, the delegation interviewed one person who alleged that, at the time of his arrest three days earlier, a Coast Guard officer had kicked him in the back and thrown him to the ground; he also claimed that, subsequently, while being interrogated at the police station, Coast Guard officers had struck him on the face and kicked him below the ribs. Further, he complained that access to a doctor in order to be treated for withdrawal symptoms had been deliberately delayed, while pressure was brought to bear on him to provide information to the police. Upon examination by a medical member of the delegation, he was found to display a blue 1 x 2 cm haematoma in the left sub-orbital region; a bluish 3 x 4 cm excoriation on the left side of the back, below the ribs; pain upon palpation and numbness in the right side of the chest and below the ribs in the right side of the back.

In certain cases, the credibility of the allegations of ill-treatment was supported by the detained persons’ demeanour: they were clearly fearful that they would be ill-treated, in retaliation, if the law enforcement officials concerned learned that they had complained to the CPT’s delegation.

As regard these  allegations of ill-treatments, the head of the Coast Guard Police at Piraeus Port and certain officers under his command volunteered that, on occasion, “some force” was used during interrogations to obtain information from detainees, particularly those arrested in connection with drug-related offences.

He made clear that he would not tolerate severe ill-treatment, but consented to slaps, in order to permit progress in the investigation and, possibly, to arrest additional suspects, and would ultimately be to the detained person’s own benefit, given that the judicial authorities would view positively their “cooperation” with the police.

In the light of the information available to the CPT, it would appear that the Greek authorities are seriously underestimating the scale of the problem of ill-treatment of person deprived of their liberty by law enforcement officials.

Therefore, the CPT, in its Report on the visit, recommended to implement the Committee’s recommendation that police officers receive the clear message that the ill-treatment of detained persons is not acceptable and that such conduct will be severely sanctioned (CPT/Inf 2001, 19, pages 41 and 59).

The CPT also recalled that a mean of preventing ill-treatment lies in a strict selection criteria at the time of recruitment of officials and the provision of adequate professional training (CPT/Inf 94, 20, paragraphs 27 and 28); such training should be pursued at all levels of the law enforcement agencies’ hierarchy.

Conditions of detentions

In the course of its previous visits, the CPT found that, in general, conditions of detention in police establishments were not satisfactory . In certain cases, the CPT characterised the situation observed as amounting to inhuman and/or degrading treatment; this was particularly, but not only, the case as regards immigration detainees, who were often subjected for prolonged periods to negative factors (overcrowding, very poor material conditions and levels of hygiene, lack of outdoor exercise, absence of any activities) (cf. for example, CPT/Inf (2001) 18, Part II, paragraphs 11, 16 and 33).

The CPT has made a large number of recommendations aimed at improving conditions of detention in police establishments, both generally and in respect of the specific establishments visited.

The 2001 visit provided an opportunity to assess developments in this connection.

Conditions were, on the whole, good for short periods of detention at Athens Airport and Iraklion Airport Police Stations, as well as at the Customs authority detention facility at Kristalopigi; they were also quite satisfactory at Kastoria Police Headquarters and at Agia Varvara, Agios Myronas, Myres and Nikea Police Stations. In those establishments, cells had adequate artificial lighting and ventilation and, in certain cases, had some access to natural light; they were clean and in a reasonable state of repair. The cell had sleeping arrangements: plinths or beds and, in most cases, the delegation observed that clean mattress and blankets were available to detainees.

The situation was not good at Kypseli Station where the delegation found that the cells were filthy, poorly lit and ventilated, and overcrowded; e.g. three persons were being held in a 3.6 m² cell and four in a 6.8 m² cell.

Most of the persons met had been detained at the police station for a few hours (for identification purposes). However, the CPT is very concerned to note that three of them had been held in those facilities for two weeks or more.

Conditions of detention in the Police Station at the Kozani Police Headquarters and in the Iraklion Police Headquarters were also wholly unacceptable. In fact, the cells in the Police Station at the Kozani Police Headquarters were severely overcrowded (e.g. nine persons were being held in 10 m²), had no access to natural light, and were insufficiently lit and ventilated; they were also in a poor state of hygiene and repair. Further, not all persons detained had their own mattress. The cells were equipped with a washbasin and a lavatory; however, the lavatories had no partitioning.

The Iraklion Police Headquarters had a dungeon-like detention facility in the basement of the court house. The cells had no access to natural light, artificial lighting was generally dim and ventilation poor; the premises (including sanitary facilities) were filthy and their state of repair also left a lot to be desired. The detention facility was overcrowded (e.g. four persons to a 9.5 m² cell). Further, not all detainees had been provided with mattresses, and the items which were available were extremely dirty and worn out.

The CPT is particularly concerned that some immigration detainees had been held under such conditions for several weeks.

Because of these unsatisfactory conditions, Kozani and Iraklion Police Headquarters were the subject of an immediate observation under Article 8, paragraph 5, of the Convention (cf. paragraph 8).

As regards the establishments designated for detaining persons undergoing ordinary administrative removal procedures (i.e. for a maximum of three months), Amigdaleza Holding Centre (designated for women and minors), Hellenikon and Piraeus Holding Centres for Aliens had a common feature: the total absence of organised activities. Further, inmates were not provided with newspaper, magazines of books, and could not watch television or listen to the radio.

Safeguards against the ill-treatment of detained persons

         The CPT attaches particular importance to three rights for persons detained by the police: the right of the person concerned to have the fact of his detention notified to a third party of his choice (family member, friend, consulate), the right of access to a lawyer, and the right to request a medical examination by a doctor of his choice (in addition to any medical examination carried out by a doctor called by the police authorities).[1] They are, in the CPT's opinion, three fundamental safeguards against the ill-treatment of detained persons which should apply as from the very outset of deprivation of liberty, regardless of how it may be described under the legal system concerned (apprehension, arrest, etc).

As regards the notification of custody  the information gathered in the course of the 2001 visit shows that, in general, persons deprived of their liberty were being offered the possibility to inform their relatives and, on occasion, other third parties of their choice of their situation, as from the outset of their custody. However, certain of the persons interviewed by the delegation claimed that they had not been informed of their right to inform their relatives of their situation and that they were not aware if such notification had taken place. Further, police officers stated that they could, on their own authority, delay notification of custody.

The CPT recognizes the possibility to delay the exercise of this right should be clearly circumscribed in law, made subject to appropriate safeguards (e.g. any delay to be recorded in writing with the reason therefor and to require the approval of a prosecutor or judge) and strictly limited in the time.

The CPT recommended that the situation be reviewed in the light of the remarks, an, if necessary, that the legal provisions governing the right of detained persons to inform a relative be amended.

About the access to a lawyer, after the 1997 visit, the Greek authorities made clear that the right of access to a lawyer became effective "as soon as [detained persons are] brought to a police station (i.e. a few minutes after their arrest)". Further, as advocated by the CPT, the content of the right of access to a lawyer includes the right to have the lawyer present during interrogations and to communicate with the lawyer freely and in a confidential manner (cf. CPT/Inf (2001) 18, Part I, paragraphs 83 and 84).

Nevertheless, during the 2001 visit, law enforcement officials met in certain of the establishments visited informed the delegation that, in most cases, no contact between lawyer and detainee would be permitted before the making of a first statement (the "apologia").

Consequently, some considerable time can elapse before a detained person has an effective right of access to a lawyer. Further, current arrangements do not guarantee the confidentiality of lawyer-detainee consultations. The CPT recommended, in its Report on the visit that clear instructions be issued to law enforcement officials with a view to ensuring that the right of access to a lawyer, with the content described above, becomes fully effective in practice as from the outset of custody.

The legal provisions concerning the right of access to a doctor which were currently in force were quite satisfactory (cf. CPT/Inf (2001) 18, Part I, paragraph 88); they include the right to be examined by a state-appointed doctor as well as by a doctor of the detained person’s own choice. However, the information gathered by the delegation indicated that this right was not always fully effective in practice.

Prison

In the course of the 2001 visit, the CPT visited for the first time Alicarnassos, Khania and Malandrino Prisons, and carried out a follow-up visit to Korydallos Prison Complex 11 . At Korydallos, the CPT’s delegation focused its attention on the Prison for Men, and paid brief visits to the Prison Hospital and psychiatric unit.

The most significant development since the last CPT visit to Greece has been the entry into force in December 1999 of a new Prison Law 12 . The law reiterates the requirement to respect human dignity and sets out welcome standards concerning conditions of detention and various other aspects of life in prison. In particular, it contains provisions on minimum living space for prisoners, hygiene, programmes of activities, and health care services. Reference will be made to these provisions in the relevant parts of this report.

Further, progress has been made towards the implementation of the programme for the construction of new prisons (cf. CPT/Inf (2001) 18, Part II, paragraph 48). The first new prison, Malandrino, has already been brought into service and work on a second establishment - the prison service drug treatment centre at Thebes - has been completed although, at the time of the visit, it had not yet started to operate.

The CPT also wishes to mention at the outset that, at Korydallos Prison for Men, the delegation observed positive changes concerning material conditions of detention: renovation work in the establishment had continued and the general level of hygiene had improved considerably. Nevertheless, the information gathered by the CPT’s delegation also shows that much remains to be done. In particular, overcrowding is still rampant and regime activities are underdeveloped. As regards overcrowding, it should be recalled that, at the time of the 1993 visit, the prison population stood at 6,700 for 3,900 places (an overall occupancy rate for the prison service of 171%); pressure on the prison system subsequently eased off temporarily 13 , but more recently the prisoner to prison places ratio has again risen to former levels: the delegation was informed that, at the time of the 2001 visit, there were 8,500 prisoners for some 5,000 places, i.e. an occupancy level of 170%14 .

The Greek authorities tried to solve the problem  with the construction of new prisons (and prison service drug treatment centres). However, it is unlikely that creating additional accommodation will, in itself, provide a lasting solution to the problem of overcrowding.

Indeed, a number of European states have embarked on extensive programmes of prison building, only to find their prison populations rising in tandem with the increased capacity acquired by their prison estates. By contrast, in those countries which enjoy relatively uncrowded prison systems, the existence of policies to limit and/or modulate the number of persons being sent to prison has tended to be an important element in maintaining the prison population at a manageable level.

In this context, the CPT recalled the attention of the Greek authorities to Recommendation No. R (99) 22 of the Council of Europe’s Committee of Ministers[2].

Material conditions of prison

In the establishments of Alicarnasso, Khania and Korydallos Prison the CPT’s delegation found that material conditions of detention were, on whole, satisfactory: cells enjoyed good access to a natural light, had adequate artificial lighting and ventilation, and reasonably clean. The material conditions of detention at Malandrino Prison were of a high standard.

Regime

At the time of the visit to Alicarnassos Prison, 105 prisoners out of 221 had a job in the prison’s general services (maintenance and cleaning duties) and workshops. However, for many of them, this involved only a small part of the day or occasional work. The prison’s workshops (woodcarving, carpentry, pottery), which employed 30 prisoners on a half-time basis, were well equipped and maintained. Twenty-four out of 87 prisoners had a job at Khania Prison, mostly repair and maintenance work within the establishment.

The prison had no workshops. At Korydallos Prison for Men, 371 out of 2,107 inmates were offered some form of employment, i.e. approximately the same as in 1999, despite a significant rise in the establishment's inmate population. In addition to the prison's general services, inmates were employed in the carpentry and bookbinding workshops, and ten of them provided clerical assistance in the prison's administration.

At Malandrino Prison, 69 out of 139 inmates were offered work in the prison’s general services (cleaning, kitchen, laundry); they were all trustee prisoners who had been assigned to work in the establishment. As in the other establishments visited, most of those jobs involved little time (e.g. about two hours per day for inmates assigned to cleaning duties). Sizeable premises had been set aside for workshops, but they had not yet been equipped or staffed. The establishment’s management could not provide an indication as to the number of prisoners that would be employed in the workshops.

Alicarnassos provided adult education to a handful of prisoners and, in all four prisons, inmates could borrow books from the library; at Korydallos, the library had been relocated and enlarged/improved. No other form of organised activity, whether educational, cultural or sports, was being offered to prisoners. At Malandrino, classrooms and sports facilities were foreseen but, as was the case for workshops, they had yet to be furnished and staffed.

To sum up, the vast majority of inmates held in the four establishments visited spent the bulk of their day in complete idleness; their main distractions were to watch television in their cells/dormitories and to associate with fellow-prisoners. A large number of prisoners interviewed in the course of the visit complained of this situation; many of them also resented the fact that they were not in a position to earn remission through work.