COMMITTEE AGAINST TORTURE STARTS CONSIDERATION OF REPORT OF GREECE

CAT
26th session
2 May 2001
Morning







Greece has Established National Human Rights
Commission, Delegation Says



The Committee against Torture this morning started its consideration of a third periodic report of Greece on how that country is implementing the provisions of the Convention against Torture.

Introducing his country's report, Dionissios Spinellis, of the University of Athens, Greece, and Head of the Greek delegation, said that in the past year, a national human rights commission and "citizens' advocate" had been established to better defend the human rights of the people; so far, the citizens' advocate had received about 1,000 complaints; and a body dealing with asylum seekers had also been set up. That body was dealing with the implementation of non-refoulement of refugees and the observance of their rights as refugees, he said.

Peter Thomas Burns, Chairperson of the Committee, who served as rapporteur to the report of Greece, said that the Roma and foreigners were harshly treated by Greek police and asked the delegation if the Government had designed measures to deal with such police behaviour. He also alluded to the practice of rounding up foreigners by police suspected of being illegal immigrants, and asked about the criteria to round up such a category of persons. He further asked if there was a legal provision which corresponded to habeas corpus, which was aimed at requesting the court to review the detention of a person.

Ole Vedel Rasmussen, the Committee member who served as co-rapporteur to the report of Greece, said that illegal immigrants were not criminals and they should not be treated as such. He also said that many of them were deprived of their liberty and were detained in police stations. Although he acknowledged the problem faced by the Greek authorities in dealing with the recent immigration influx, he said that refugees should not be treated as criminals.

Other Committee members also queried the delegation, among other things, on the penitentiary conditions of immigrant female prisoners who were separately kept in one of the country's prison facilities. They wanted to know whether pregnant women were also kept together with other prisoners, and if there was a mechanism of complaints. Referring to newspapers and other sources, they said that allegations had been made that some police officers were involved in prostitution rings with young girls trafficked into the country.

The Greek delegation also included Sevasti Papamitropoulou, of the Ministry of Justice; Dimitrios Panopoulos and Dimitrios Theonas, both from the Ministry of Public Order; and Vassiliki Gounari, First Secretary at the Greek Permanent Mission in Geneva.

As one of the 123 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Greece is obligated to submit periodic reports to the Committee on the implementation of the provisions of the treaty.

Also this morning, the Committee briefly discussed the report of the Working Group on elaborating a draft optional protocol to the Convention against Torture.

When the Committee reconvenes at 3 p.m., it will hear the responses of Georgia with regard to that country's second periodic report which was presented yesterday morning.


Third Periodic Report of Greece

The report (document CAT/C/39/Add.3) underlines that Greece, being a very sensitive country in the field of protection of human rights, strictly adheres to the provisions of the Convention against Torture. During the period 1994-1997, Greece has enriched its legislation with provisions which contribute to the prevention of any inhuman treatment of prisoners in Greek prisons, and promote better living conditions during their imprisonment in correctional institutions and as well as possibilities of alternatives to incarceration. In addition, Greece has ratified the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

A deputy public prosecutor of the court of appeal, assisted in his task by a public prosecutor of the magistrate's court, is permanently installed in the four major prisons of the country, the report says. The deputy public prosecutor of appeal and his substitute are appointed by resolution of the supreme judicial board from the relevant public prosecutor's office for one year. He is installed in the correctional institution of his region and, during his period of service, he is released from his other duties.

The report says that the other prisons of the country are visited by the public prosecutor of the magistrate's court at least once a week. During these visits, he sees prisoners who have asked for a hearing. The frequent presence of the public prosecutor in the prisons and their supervision guarantee better living conditions of the prisoners; strict adherence to and application of the provisions of the code of basic rules for the treatment of prisoners by the prison personnel; and safeguard the prisoners' rights by preventing any inhuman treatment of prisoners.


It notes that all complaints made against correctional officers for acts of torture and abuse of prisoners are investigated in depth by the competent judicial authorities, in accordance with the provisions of article 12 of the Convention. At the same time, and regardless of the criminal proceedings, disciplinary procedure was also initiated against the alleged offenders. During 1994-1997, four complaints were made against correctional officers for abuse of prisoners. Disciplinary preliminary investigations were carried out by the head of the relevant Public Prosecutor's Office of the First Instance Court for each complaint separately, following the order of the General Secretary of the Ministry of Justice. The charges were proved unfounded for all four complaints and the cases were filed. One case is currently pending concerning a lawsuit filed by a prisoner for illegal actions of correctional officers.


Presentation of Report

DIONISSIOS SPINELLIS, of the University of Athens, Greece, said that a new act of law had introduced new institutions in the Greek correctional legislation and practice, which aimed at preventing any inhuman treatment and, at the same time, protected the rights of prisoners.

In the course of the past year, a national human rights commission and "citizens' advocate" had been established to better defend the human rights of the people. So far, the citizens' advocate had received about 1,000 complaints. A body dealing with asylum seekers had also been set up. That body was dealing with the implementation of non-refoulement of refugees and the observance of their rights as refugees.

A month ago, a census had been carried out in Greece and it was estimated that the population now numbered 11 million, among which 800,000 were immigrants. Most of the immigrants were illegal and were involved in criminal activities such as drug-trafficking. Many of them were not documented or refused to get documents from their respective consular representations. Those found in illegal activities were apprehended and kept in police stations. However, many of them were released on condition that they show up every week for control. Among the illegal immigrants, some had requested asylum although they had no reason to do so. According to a recent law, illegal immigrants who were judiciary targeted for deportation were no more detained in police stations but in prisons.

Police had been instructed, on several occasions, to strictly observe the law with regard to persons under police custody, Mr. Spinellis said. Any detained person had to be assisted by a lawyer and should be able to contact relatives. Detainees with no resources to pay their own legal defenders were provided with one by the State free of charge. In order to better communicate with suspected persons, a pamphlet was published in 14 languages. In 121 cases involving mis-treatment by police, 52 had been found to be criminal offences and the perpetrators were dismissed or suspended.


Discussion

PETER THOMAS BURNS, Rapporteur to the report of Greece, remarked that the third periodic report focused mainly on prison conditions and police discipline. The Committee had asked the delegation of Greece to provide examples of cases involving disciplinary measures against police officers. The Roma and foreigners were harshly treated by Greek police. Had the Government designed measures to deal with such police behaviour. He noted that the report on the medical findings of the mental hospitals was not made available to the public.

The practice of rounding up foreign-looking persons by police took place from time to time. What was the criteria to round up such a category of persons? Were there criteria to help decide whether a person was Bulgarian or Albanian?

Was there a legal provision which corresponded to habeas corpus, which was aimed at requesting the court to review the detention of a person?

OLE VEDEL RASMUSSEN, Co-Rapporteur to the report of Greece, thanked the Government for the valuable work performed with regard to rehabilitation of torture victims. Greece had also contributed a lot in supporting the work of the Committee against Torture.

In a recommendation made during the consideration by the Committee of the second periodic report of Greece, it was emphasized that more attention should be given to the training of medical doctors in the field of torture. The third periodic report had indicated that police officers had been trained. But what had been done to train medical doctors in handling cases of torture.

Were tapes or video cameras used during interrogations and investigations by police? What were the methods used in the process of interrogation? Those precautions would become very important documentation in case allegations of ill-treatment should arise. The delegation had mentioned that about 1,000 cases of violations of human rights were lodged to the citizens' advocate; how many of those cases were related to the mandate of the Convention? Was compensation awarded for victims? What were the awards and sources of financial compensation paid to the victims? Did the procedure to seek redress take place automatically?

Mr. Rasmussen continued that a special safeguard to prevent torture was that a detainee could often see his or her lawyer or relatives. Did such a procedure take place in Greek prisons? The Committee acknowledged that it did not receive any allegations of torture incidents in prisons. Prison overcrowding was reported to be a problem in the country. What was the exact proportion of prisoners in prisons. Did the Government envisage to build more penitentiary premises? Could overcrowding be resolved by building more prisons?

Juvenile probation services had had problems because of staffing. What measures were used to resolve the problem in connection to juvenile probation services.

With regard to the treatment of illegal immigrants, how many of them were deprived of their liberty? Why did the Government deprive immigrants of their liberty? It was acknowledged that the immigration influx had intensified in the country during the past few years. But, why was it that illegal immigrants were kept in police stations? Since illegal immigrants were not criminals, at least the majority, why were they deprived of their liberty? The detainees had no access to newspapers or other recreational activities.

Another matter of concern was the treatment of persons who resisted being deported. Did the Government have instructions for the police for such cases? If yes, what were those instructions? The Committee had received allegations that a person who resisted had been maltreated by the police.

Other Committee members also queried the delegation on a number of issues. An Expert wanted to know about the condition of immigrant female prisoners who were separately kept in one of the country's prison facilities. Were pregnant women also kept together with other prisoners? Was there a mechanism of complaints? The country's newspapers had made allegations that some police officers were involved in prostitution rings with young girls trafficked into the country. When the Ukrainian Ombudswoman had visited detained Ukrainian trafficked women, she had found an unusual condition of incarceration.


Briefing on Working Group on Draft Optional Protocol to Convention

ANDREAS MAVROMMATIS, the Committee Expert who participated in the Working Group on a draft optional protocol to the Convention against Torture, said that during his recent participation, he had observed that very little progress had been made in the Working Group because of the persistence of a category of countries with their own opinions. The Working Group had been meeting for a long time. The Committee had to continue to follow the developments in the discussion in the Working Group, since it was the first concerned by the future monitoring optional protocol.

Mr. Mavrommatis said that in the Working Group, there was a division of opinions, the first being that of the Latin American position which was supported by the European countries and the second being that of the other developing countries which had demonstrated fears that human rights issues might be used against them as during the period of the cold war.

The draft optional protocol proposed that, among other things, each State party should establish or maintain, at the national level, a visiting mechanism for the prevention of torture and other cruel, inhuman or degrading treatment or punishment, which should carry out visits to places in any territory under its jurisdiction where persons might be or were deprived of their liberty.




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