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CPT/Inf (2008) 4
[PDF Format]
Response of the Government of Greece
to the report of the European Committee
for the Prevention of Torture and Inhuman
or Degrading Treatment or Punishment (CPT)
on its visit to Greece
from 20 to 27 February 2007
The Government of Greece has requested the publication of this response. The report of the CPT on its February 2007 visit to Greece is set out in document CPT/Inf (2008) 3.
Strasbourg, 8 February 2008
Response of the Government of Greece to the report of the
European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (CPT)
following its visit to Greece
from 20 to 27 February 2007
The Greek Government is pleased to provide the following response to the Report of the European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment following the Committee’s visit to Greece from 20 February to 27 February 2007.
In the framework of its ongoing efforts to improve the deficiencies of the prison system, the police stations and the detention facilities for aliens, the Government of Greece has taken into consideration the findings and recommendations of the Committee with the greatest seriousness and trusts that the measures that are being taken in response to them, in accordance with article 3 of the Convention, will have a positive effect in the desired direction.
Cooperation between the CPT and the Greek authorities
Introductory remarks on paragraphs 4 and 8:
It is to be noted that prior to the sending of the letter referred to in par. 4 of the report, a meeting took place on 12 December 2006 between the Secretariat of the CPT and a member of the Permanent Representation of Greece to the Council of Europe, during which the decision by the CPT to organize high level talks with the Greek authorities in early 2007 (26-27 February 2007) was communicated. Due to that fact, the letter referred to in par. 4, as addressed to the Greek authorities on 18 December 2006, containing no deadline for answering it, was interpreted as the de facto agenda of the already announced high-level talks expected to take place in February 2007.
The reply that the CPT received from the Ministry of Public Order by letter of 5 July 2007, as referred to in footnote 4 of the report, addressed the points raised by the CPT delegation during the high level talks that took place in Athens on 26 February 2007. Furthermore, it is to be noted that, in response to the points raised during the high level talks, an answer by the Ministry of Justice was also sent to the CPT in July 2007. It apparently coincided with the publication of the CPT 2007 report on Greece and was therefore not taken into account during the report’s drafting. Following the suggestion of the Ministry of Justice, the content of this reply is reattached to the current document, since it also addresses a lot of the recommendations of the current CPT report.
Therefore, it becomes clear that the organization of the CPT visit to Greece had already been decided upon and announced by the CPT to the Greek authorities on 12 December 2006, before the sending of the letter referred to in paragraph 4 on 18 December 2006.
With regard to paragraph 8, it is to be noted that the relevant office at the Greek Ministry for Foreign Affairs is the D3 Department, having the general responsibility for OSCE and Council of Europe Affairs. The official correspondence should continue to be forwarded to the Greek authorities via the Permanent Representation of Greece to the Council of Europe. Due to the technical character, complexity and variety of the issues raised by the CPT, in each case, the evaluation of the relevant competent Ministry’s response takes place within the framework of each Ministry’s own organizational structure.
Ministry of Interior
1. DETENTION CONDITIONS
The issue of detainees’ residence at Police Services, as well as of the observance of hygienic rules in all areas, in particular detention areas, which are surely issues that are connected to detainees’ rights, are generally subjects of special importance-gravity for the Hellenic Police. In this framework, there is sensitivity and coordinated interest; for that reason, standard commands and instructions have been announced, so as all Hellenic Police Regional Services, on a diachronic basis, to abide by their duties in this sector, as arising from applicable provisions and international treaties.
Specifically, these commands aim at making detention areas at Police Services suitable, ensuring respect of human dignity and detainees’ personality, while at the same time, their health and integrity are protected. Concrete commands for every current case are also announced, particularly after information, complaints, press releases, C.P.T. visits, findings-comments of the Greek Ombudsman, Parliamentary control etc,.
As far the visit of C.P.T. in our Country (2005) is concerned, commands have been announced, including orders and instructions, so as the necessary actions to be set forward, in order for the detention conditions and terms meet the requirements, set by the existing legal framework, at national and European level.
The observations, made during the visit of the Committee, were the occasion, for new directions to our Regional Services to be given over again for the onset of every enforced action for their implementation, and at the same time the Headquarters’ intentions and efforts not to be doubted in this matter.
As emerged from reports of the Police Directorate of Attica, Thessalonica and Regions of the Country, conditions and terms of hygienic and security at the detention facilities of the Police Services are at a satisfactory level and measures for their further improvement are constantly taken. Of course, in some Regional Services several problems exist, the resolution for which has been routed, while in some cases existing problems do not even accept improving interventions, as new areas are required. Their hiring procedures have already been undertaken or are under process by competent Services.
Specifically, problems are mainly due to:
• the inappropriateness of buildings (old, leased), with lack of toilets, drainage problems etc.
• the lack of natural lighting, ventilation and heating.
• inadequacy of existing areas.
By virtue of a new order, instructions and commands were given to all Regional Services, not only for the safe guarding of immigrants, for the avoidance of illegal actions, but also for the onset of the enforced actions falling under their competence, towards the direction of improvement of their residence conditions to Special Reception Centers, where they are kept, in collaboration with other co-competent Services for this cause.
Next, after the recording of problems at the above mentioned Reception Centers, as emerged from the reports of Regional Services, the competent Services of the Ministry of the Interior were informed, preparative to intervene accordingly, as operation responsibility of the Reception Centers falls under Regions and Prefectures.
By order of the Technical Matters Division/A.E.A, the new technical features of the detention areas at the Hellenic Police Services were defined, according to which detention areas have to be constructed, and specifically:
• The hygienic areas which are constructed outside the cells and inside the indiscrete guard area shall be fully equipped (shower, hand-basin, etc.).
• During the construction of cells, care is taken for sufficient lighting and ventilation, as well as artificial lighting and ventilation.
• Future designing of detention facilities will seriously take into consideration the observation that every prisoner has at least 4 square meters at his disposal.
• The required on site investigations to the Services referred to the Committee Report will be conducted by the Technical Matters Division/A.E.A., in order rectify deficiencies.
In detail, for the conditions and detention areas where foreigners are kept (paragraphs 22, 23, 25, 32-36 of the report) the following are noticed:
In all the detention areas that the Committee visited, all commanded corrections were executed, as far as possible.
As known, foreigners’ detention at Police Services detention facilities is realized for a short period of time, of necessity, due to the lack of other special, for this reason, detention areas.
However, a solution to this case is about to be given with the establishment of a Joint Ministerial Decision concerning the foundation and operation of Special Residence Areas, according to Article 81 of L.3386/05, which is at the last stage of preparation.
According to this, it is anticipated:
• The foundation of Special Residence Areas in every region and at least two in Attica.
• Operation of a surgery and a convalescent home, staffed with appropriate medical and nursery personnel (general practitioners, gynecologists, psychiatrists etc.,) as well as with psychologists, social workers, supported by appropriate means.
• Drawing up and keeping of a confidential health card (folder) for every individual foreigner.
• Creation of separate Departments: Administration, Medical Services and Care.
Specifically:
a. ALIENS DIVISION OF ATTICA (24, P. RALLI STR.)
(1) Detention areas
The foreigners’ detention areas of the Aliens Division of Attica at 24, P. Ralli Str. are housed on the 2nd and 3rd floor of the building and they are used for the detention of foreign detainees that are about to be expelled (maximum period of detention up to 3 months). The total capacity is 200 men, 150 women and 20 minors.
These detention areas are located on the second floor and they consist of -40- cells for 5 persons with five cement beds each.
At the men detention areas on the second floor there are in function -10- common toilets “of Asian type” with a separating wall among them up to the ceiling and a door, as well as -7- bathrooms, similarly with a separating wall.
The women detention areas are located on the 3rd floor. There is no connection with men’s areas and they consist of -30-cells for five persons with 5 cement beds each. There are in function -5- common toilets of “Asian” type, similarly constructed with those of men and -4- bathrooms.
Minor men’s detention areas are located on the 3rd floor of the Aliens Division of Attica, in a separate area, so as not to be any communication with other women’s detention areas, which are on the 3rd floor, too. They consist of twenty (20) cells of 7 square meters each, with a cement bed. At the detention areas, there are in function two (2) toilets and one (1) bathroom, which are common for all minors.
All bathrooms have hot water for 24 hours a day.
(2) Egress to Court-yard and Entertainment Areas
Although there are court-yard areas for the detainees’ egress, outdoor of the detention facilities at the terrace of the 2nd and 3rd floor, for the time being they are not used, as all security conditions have to be met first.
For this reason, service actions are in progress, for the completion of necessary technical interventions concerning security issues, after the approval of the relevant expense and the undertaking of the project by the Technical Matters Division/ AEA.
In expectation to these interventions, one archery, two table tennis tables (ping pong) and litter buckets have been procured, ashtrays etc., for the immediate commence of its operation, for women and minors’ egress to court-yards.
Until the works are completed, because of the lack of areas for their egress to court-yard, in regular and repeated periods of time during the day, the detainees may have an egress per three cells, at the corridor of each wing.
An activity program is also in operation, with the creation of a lending library, under the initiative of the Aliens Division of Attica and with the collaboration of the non-governmental organization “Medical Intervention”, the content of which is constantly enriched with new books in foreign languages. It is also reassured the possibility of newspapers and magazines reading that their relatives bring them at visitation.
Minor detainees are more often allowed, for a longer period of time than the rest groups of detainees (men-women), to get out of cells with a view, not only to satisfy their physical but also their mental needs (association with the rest detainees etc.). Furthermore, during the afternoon, it is allowed to contact between them in cells per groups of their choice and to spend their time in entertaining and other activities (table games, conversations, etc.)
For the convenience of the accomplishment of the Muslim detainees’ religious tasks, there have been set compasses in several spots of the detention areas, which define the Mecca direction.
On the first Thursday of every month, and without being scheduled, whenever it is considered necessary, communication is accomplished between the Non-governmental Organization “ARSIS” and minors of Albanian nationality (unaccompanied minors), who wish for the provision of social and psychological support.
Similarly, members of the Non-governmental organization “New Life” communicate twice a month with women of Nigeria, especially potential victims of trafficking, who are detained in the detention areas if they wish, within the framework of a less traumatic procedure of repatriation.
Aside from the above marked N.G.O.s, other N.G.O.s have also access to the detention areas, as well as corporations, which take action in foreigners’ cases, such as the members of a group of lawyers for immigrants and refugees’, the Greek Council for Refugees, the Amnesty International, the Ecumenical Refugee Program, the Network of Social Support for Refugees and Migrants, the Holy Synod of Greece, the UN Refugee Agency (UNHCR), the Initiative for prisoners’ rights, etc.
Finally, according to the regulation of the detention areas, foreigners may be visited in a special area, designed in such way, so as all the expected terms and security conditions to be fulfilled, while at the same time comfortable communication between detainees and visitors is allowed.
After the last visit of the Committee, upon its oral recommendation, the existent grille has been replaced by an unbreakable glass for a more direct communication during visitation.
Communication with advocates and representatives of consular Authorities takes place unfailingly, seven days a week. For the unity of the procedure, a relevant decision has been issued by the Head of the Aliens’ Division of Attica, by which visiting hours and other details are defined.
(3) Existence of mattresses on the floor at the detention areas for minor men, because of the lack of beds
Minor men’s detention areas are located on the 3rd floor of the Aliens Division of Attica, in a separate area, so as not to be any communication with other women’s detention areas, which are also on the 3rd floor.
By construction, as it has been mentioned above, the minors’ detention areas consist of twenty (20) cells of almost 7 square meters, each one with a cement bed, of total capacity of twenty (20) persons. Nine (9) of them are by construction internal (that is to say that they do not have direct access to natural lighting coming from external windows) and they are not used for the minors’ detention.
For this reason, but also for communication reasons among the minors, one (1) more mattress has been set to the remaining cells, where the minors stay occasionally, for a short period of time, in case of need.
As it has been mentioned above, the nine (9) cells that do not have natural lighting are not used for minors’ residence.
On a daily basis, the common used areas of the detention areas are cleaned by a private cleaning crew under the care of the detention facilities guard, every effort is made in order to maintain the areas as clean as possible during the day.
In the framework of improving the hygienic conditions and cleanliness, there have been set and started to operate at the detention areas professional washing machines and dryers, so as washing and decontamination of bed linen and apparel items to be as frequent as possible. Washing of the above mentioned items is taken after by the guard personnel.
Detainees mind, under the care of the detention guard, their personal hygiene with cleanliness and hygiene products that are furnished by our Service, so as to ensure the detainees’ hygienic conditions at a satisfactory level. Finally, at the detention areas, decontamination takes place frequently, at regular periods of time, by a private crew, and without being scheduled, in a case of need.
For encountering of the bad quality of floors at the detention areas, an expense has been approved for its overlaying by an epoxy material.
This work, as we have been informed, will be completed soon under the responsibility of the Hellenic Public Real Estate Corporation.
(4) Lack of hygienic establishments in every cell
When constructing detention areas, no hygienic establishments in every cell separately have been foreseen.
However, they operate:
• At the men’s detention areas on the second floor -10-common toilets of “Asian type”, with a separating wall among them up the ceiling and a door at the front, so as to perfectly ensure distinctiveness, and -7- bathrooms a with a separating wall, too. Bathrooms have hot water 24 hours a day.
• At the women’s detention areas on the 3rd floor there are -5- common toilets of “Asian type”, similarly constructed with those of men and -4- bathrooms. bathrooms have hot water 24 hours a day.
• At the minor men’s detention areas there are two (2) toilets and one (1) bathroom, which are common for all minors. The bathroom has hot water 24 hours a day.
In the framework of respect to the Muslim Detainees’ distinctiveness, there are toilets of “Asian type”, in which there have been placed faucets, according to their customs.
(5) Lack of call bells
The remark of the Committee for the setting of bells in every cell, in order to notify the guard, is not considered necessary, as 24 hours a day there is a Border Guard in every corridor, who is in direct visual and sound contact with the foreign detainees and he becomes directly receiver of every demand. Still, it is quite probable that if bells are set, there will be an excessive use, with negative consequences.
(6) Access to toilets
The foreign detainees’ access to the toilet, apart from the “internal egress to court-yard”, is possible in parts, 24 hours a day or whenever they ask. The emiction in plastic bottles, mentioned in the report, has happened in the past, and only in cases of psychologically disordered detainees. The appropriate directions and commands have been given to the guard and since then no similar incident has been reported. Evacuation in bags has never been reported.
(7) Medical examination
Patient detainees are examined four times a week by a panel of doctors of the non-governmental organization “Medical Intervention”. The team of doctors consists of two general practitioners, a cardiologist, a surgeon, a psychiatrist, four psychologists, a social worker, two nurses and a coordinator, who have free access to the detention areas and possibility of direct contact with foreign detainees.
For the best exercise of their mission, special areas have been foreseen, which have been shaped up and equipped properly for their use as surgeries. In case of heavy conditions, after the doctors’ opinion, they are transferred for examination-hospitalization to duty Hospitals at the Prefecture of Attica.
It is noticed that the point made at the Report, regarding the difficulty that the doctors of the “Medical Intervention” faced, in order to have access to the cells area, does not come up to reality, because, as the president of the N.G.O. herself has mentioned, the access is totally free. She was indeed inside the cells during the visiting time of the Committee.
Beyond any other examinations, which are conducted after the doctors’ order in hospitals, it also takes place once a month, with the initiative of the competent Service and in collaboration with the Ministry of Health and Social Solidarity, a chest examination by a mobile unit of the Ministry of Health, which visits the detention areas for this particular reason. For every patient detainee, a folder is opened by the doctor, which is kept inside the surgery and in which all the medical data concerning the foreigner are registered. (Patient’s Register)
Since 5-2-2007, regardless of the above procedure, a surgery at the Aliens Division of Attica has been operating, under the auspices of the Ministry of Health and Social Solidarity (Hellenic Center for Infectious Diseases Control), for the preventive examination of asylum seekers, staffed with appropriate doctors.
(8) Foreign detainees from June to September 2006
According to the foreign detainees’ book kept at the Aliens Division of Attica, there has been the following foreigners’ movement thereat:
|
PERIOD OF TIME |
MEN |
WOMEN |
MINORS |
TOTAL |
|
JUNE 2006 |
327 |
183 |
69 |
579 |
|
JULY 2006 |
301 |
197 |
74 |
572 |
|
AUGUST 2006 |
255 |
197 |
90 |
542 |
|
SEPTEMBER 2006 |
247 |
154 |
130 |
531 |
b. DETENTION AREA OF FOREIGNERS AT PIRAEUS
(1) Detention areas
As known, the detention areas of Piraeus are housed in an old building at 23, Asklipiou str. at Piraeus. They consist of two (2) wings, which include 5 and 9 cells correspondingly. They have a central heating system and provision of hot water in the bathrooms.
(2) Antiqueness of the building
The building establishments, as well as the living conditions of the foreign detainees at the detention areas within the competence of Aliens Department of Piraeus, have been occasionally mentioned as problematic.
From the Aliens Division of Attica actions have been taken for the realization of technical interventions to the building establishments, in order to ensure more dignified detention conditions.
Specifically actions have been taken for:
• The decommissioning of the old one and the setting of a new insulation against humidity on the ceiling of the building. It has been already approved α credit of 16.200 € and the beginning of works under the care of the Technical Matters Division is imminent.
• The replacement of the electrical equipment. Recently, a great number of lamps have been replaced and new desks and a fridge have been set.
• In June of the current year two ventilators have been procured for the better ventilation of detention areas.
• Replacement of the hydraulic substructure of the building. Individual interventions have been made for the repair of damages.
• An expense of 1.000 € has been approved for the water-painting of the areas.
(3) Egress to court-yard and entertainment areas
Because of the lack of court-yard areas, egress takes place in regular and repeated periods of time, during the whole duration of the day, at the corridor of the wings. During this time toilets, bathrooms and telephone devices can be used.
In the framework of the efforts that the Aliens Division of Attica makes for the improvement of the living conditions at the detention areas of Piraeus, it has been commanded that the number of foreign detainees shall remain at low levels (up to 30 persons). Any number of foreigners over 30 should be transferred to other detention areas.
(4) Provision of hygienic products
The detainees, with the care of the guard of the detention facilities, are in charge of their personal hygiene with cleanliness and hygienic products which are provided by the Aliens Division of Attica. Moreover, hygienic products are provided by several N.G.Os that take action in foreigners’ issues.
(5) Lack of natural lighting
For the elimination of this problem, actions have been taken for the replacement of the present sky-lights (windows), so as the lighting to be adequate. The case has been under the responsibility of the Technical Matters Division.
(6) Cleanliness of the detention areas
Everyday cleanliness of the detention areas has been contracted to a private crew of cleaning. Directions for thorough cleanliness have been given to the crew of cleaning, in the framework of the signed contract.
c. DETENTION AREAS OF ASPROPYRGOS
(1) Detention areas
The detention areas at Aspropyrgos are housed on two new-built floors of a leased building of the Illegal Immigration Expulsion Department of Western Attica at Aspropyrgos, on 1, Thrasivoulou Str.
The total number of cells is -8-, which is to say -4- on each floor. From the cells of each floor -1- has internal toilet, while for the other –3- there are common toilets with bathrooms.
The building has a central heating system and the bathrooms have hot water 24 hours a day.
(2) Egress to court-yard
The establishment does not have a special court-yard area for the detainees’ egress. Due to this lack, egress of the detainees per cell takes place, at regular and repeated periods of time, throughout the day, along the corridor of each wing. During this time toilets, bathrooms and telephone devices of the wing can be used.
(3) Natural lighting
Service actions have been taken for the amplification of artificial lighting by replacing existing lamps.
(4) Cleanliness
The daily cleanliness of the common used areas has been contracted to a private cleaning crew.
(5) Access to hygienic products
The detainees, under the care of the guard of the detention facilities, are in charge of their personal hygiene with cleanliness and hygienic products which are provided by the competent Service.
(6) Access to toilets
The foreign detainees’ access to toilets is possible 24 hours a day, whenever they ask. The emiction in plastic bottles, mentioned in the report, has happened in the past, as well as in other areas, and exclusively in cases of psychologically disordered detainees.
The appropriate directions and commands have been given to the guard and since then no similar incident has been reported.
Evacuation in bags has never been reported.
d. ORESTIADA, DEPARTMENT OF FRONTIER GUARD AT DIDYMOTICHO
Since 28-4-2007 a special residence area started to operate at the Guard-House of Kyprinos with capacity of -398- persons.
Ever since, the Guard Area for Illegal Immigrants at Vrisika has stopped to operate and all the detained illegal immigrants are exclusively transferred to the guard-house and nowhere else.
The foreign detainees in this area are fully fed (breakfast, lunch, dinner) under the care of the Prefecture.
Furthermore, they are provided on a daily basis with the all the necessary products for their hygiene (soap, toothpaste, toothbrush, toilet paper). Moreover, they are daily able to use bath with hot water, to wash their clothes and to have egress to the court-yard.
Finally, they are given the possibility to contact by telephone from devices, set at this area.
Since 12-6-2007 a Public Health Service, consisting of one (1) General Practitioner, (3) three nurses and one administrative employee.
All arrested illegal immigrants are transferred to the General Prefecture Hospital of Didymoticho, where they take all the medical examinations and then they are transferred to the mentioned above Special Area of Residence Guard-House.
At the detention facilities of the Police Station at Orestiada, the required actions have been taken for the setting of adequate lighting, ventilation and all the mattresses and blankets have been replaced with new ones.
The discovered faults at the hydraulic facilities and the toilets of the Departments of Frontier Keep at Orestiada have already been repaired.
At the Departments of Frontier Keep of Didymoticho (Isaakio), of Orestiada (Heimonio) and of Kyprinos, illegal immigrants are not any longer detained, as they have been transferred to the Special Detention area for Foreigners at the Guard-house.
e. RESIDENCE CENTER FOR FOREIGNERS AT VENNA OF RODOPI
(1) New sanitary wares (tiles, tubs, faucets, etc.) were set at the three toilets of the corresponding cells and hot water is provided. It is also provided adequate quantity of soap and shampoo.
(2) There is also adequate lighting with full electric power during the night hours and adequate natural lighting during the day, through bigger windows.
(3) All the detention areas are decontaminated and deratization of these areas takes place almost every two months under the care of the Prefecture of Rodopi.
(4) Blankets and sheets are washed almost every two months by a cleaning crew.
(5) Chambers are whitewashed every month, cleaned and washed every fifteen (15) days.
(6) A heating system has been set to the chambers and during the winter months it operates all night through, and during the day whenever it is considered necessary.
(7) Every illegal immigrant is provided with a single bed, one mattress, one pillow and two or three blankets for the winter. Those who do not have enough garments, they are given uniforms and underwear under the care of the Prefecture of Rodopi.
(8) Two phone booths –card phones- have been placed so as the illegal immigrants have the possibility to contact their family or a lawyer.
f. RECEPTION CENTER FOR ILLEGAL IMMIGRANTS AT MYTILINI
The only reception center for illegal immigrants that operates at the location Pagani at Mytilini has been recently renovated and the detention conditions have been seriously improved, according to the remarks and the recommended improvements of the Committee.
g. POLICE STATION OF ACROPOLIS
With regard to the existence of two small cells at the Police Station of Acropolis, which do not have access to light (natural or artificial) and are not properly equipped for the night, we report that from 01/03 to 13/04/2007 restoration-conservation and enhancement works have been made, and as a result, two skylights have been created at each one of the cells for natural lighting, artificial lighting has been installed and in addition, all the necessary equipment has been set, in order for them to be suitable for overnight stay.
h. POLICE STATION OF AGIOS PADELEIMONAS
The Police Station of Agios Padeleimonas has three (3) detention facilities on the 1st floor and one (1) temporary at the basement, which during the visit of the Committee were out of commission, because of renovation works, during which replacement of sanity wear has been performed, oil-painting, installment of protective cages at the water heater and at the electrical switch board, as well as with the setting of an additional grille.
The detention facility on the 3rd floor, which the Committee is referred to, belongs to the homonym Security Station and is used as a detention area for suspects-offenders, within the framework of preliminary investigations, while the detention of any arrested persons takes place at the detention facilities of the Police Station of Agios Padeleimonas, to which they are transferred according to the statutory procedure. This area has adequate lighting and a communication window, while its decontamination takes place on a daily basis by a private cleaning crew. The detention time for any adducted person does not exceed the statutory one for the completion of the penal-juridical procedure against him, as well as his judicial identification.
In case of a woman’s arrest, she is directly transferred, after the end of the preliminary investigation, to the women’s detention facilities at Attica Police Directorate, in order to be detained.
With regard to the encompassed comments about the detention of six (6) men and women, for a period of time of ten (10) hours, at the above detention facility, nothing relevant arises from the Security Department record.
At the time that the Committee visited the Security Department (23.30 on 25-2-2007), at this detention area, there was one Albanian citizen, who has been adducted for his judicial identification.
i. POLICE STATION OF NEOS KOSMOS
The detention facilities of the Police Station of Neos Kosmos are in a good condition, they have artificial lighting and bedcovers are changed regularly. The service in question has demanded for the restoration of the detention facilities, while at the same time an expense of 400 € for their oil-painting is still pending.
j. POLICE STATION OF SYNTAGMA
The Police Station at Syntagma has five (5) cells of total capacity of 10 persons. Although the detention facilities are at the basement, their ventilation is quite good, as well as the lighting, which is complemented by artificial lighting, too. Detainees are regularly given clean bedcovers and decontamination of the areas takes place. As the court-yard of the Station is adjacent to blocks of flats, the residents of which have expressed their dissatisfaction, the egress to the court-yard-exercise is avoided, except for those who are detained for a long period of time.
k. POLICE STATION OF ZOGRAFOU
With regard to the detention facilities of the Police Station of Zografou, the bedcovers and the mattresses, which were not in good condition, have been directly replaced, and at the same time on 10/03/2007 oil-painting of the detention facilities took place.
l. POLICE STATION OF OMONOIA
With regard to the condition of the detention facilities of the Police Station of Omonoia, it is known that the competent Service is housed in a new built building of seven (7) floors and it has four (4) men’s detention facilities and one (1) for women, of total capacity of thirty-four (34) persons, which have air-conditioning, ventilation and natural and artificial lighting. They are cleaned on a daily basis and, in general, all the necessary conditions for a satisfactory living for the detainees are ensured. The saturation, that sometimes is observed, is due to the particularities of Omonoia area and to the great number of arrests, within the framework of the standard procedure, mainly during night hours.
2. TREATMENT OF DETAINEES
On the occasion of the last C.P.T. visit in our Country, an order was issued, aiming to the abrogation, or the elimination, of the adverse or deficient detention conditions, wherever they exist, and the situation in question is under comment with great interest, intervening in every necessary case.
Especially, the Committee has referred to the following:
a. Case of aggravated assault of the foreign citizens of Albania, M. K., F. E. and L. A.
(1) M.K. claimed that he received a kick to his right side and that he suffered severe pain at the right side of his chest, although he had no visible bruises.
(2) F.E. claimed that, while he was in captivity, he received, at several parts of his body, punches and kicks, with result to fall down, and he also received a punch on the face and got injured at the under lip. The Committee confirmed the abrasion on his under lip and a description of the man who hit him was given.
(3) L.A. claimed that he received smacks, while he was in handcuffs, without any visible bruises.
The above mentioned foreigners, under the escort of a doctor of the Committee, got transferred to the duty hospital “General Hospital of ATHENS – LAIKO”, where they got examined by the responsible doctors on duty, who opined the following:
• For the detainee F.E., that in general, he is in a good condition, he has good spinal column mobility, without pain in any movement. According to the conspectus, there are no ecchymosis or rupture injuries at the chest, the head or the shoulder blade. According to the conspectus of the skull, there are found: light edema (swelling) of the under lip, with presence, at its external surface, of small infected injured surfaces, that seem to be previous neglected injuries. He underwent X-Ray examinations for the Lumbar Segment Spinal Column and the Collum Segment Spinal Column, without pathological findings. Nothing further.
• For the detainee M. K., that he is in a general good condition.
Objective findings: there is no rupture injury or ecchymosis at the area. Sensitivity in touch- it appears at the actinography examination. There is no image of ribs fracture-chest cage.
Abdomen: nothing pathological found.
Further: nothing pathological.
• For the detainee L. A.: although he was transferred to the Hospital, he was examined, as he had no visible rupture injuries or bruises.
At the end of the examinations, the detainees, under the escort of the President of the Committee, returned to the Police Station of Omonoia, and after the President’s relevant demand, they were transmitted to the Police Station of Palaio Faliro for the continuation of their detention, in order to avoid possible reprisals by police officers.
As it emerges from the relevant document of the Police Personnel Division, the case has been examined from disciplinary view, from which no adequate evidence has emerged for the confirmation of the detainees’ allegations regarding their aggravated assault. After this, the case has been put in records, as the possibility that the found injuries have been caused before the arrest could not be excluded.
As it emerges from the relevant document of the Attica Police Directorate, the allegation that one of the three detainees made, which has been also adopted by the Committee, referring that he apparently got threatened by the commandant of the Police Station of Omonoia, so as not to be examined by doctors, is out of value, as the Committee made its appearance at the above mentioned Service on 25-2-2007, without any prior notice, had a conversation with the detainees without the commandant’s presence and next asked for their transfer to the Hospital. During the whole period of the communication and the transfer of the detainees, the Committee was constantly present and there was no possibility that the commandant could get in touch with the detainees, more importantly not to threaten someone of them.
b. Student’s case, citizen of Cyprus, A. D.
(1) On 19.11.2006, a video was broadcasted by the Mass Media, showing policemen of the Thessalonica Police Directorate, during the arrest of the Cypriot student A.D., which happened on 17.11.2006, after the end of the celebrations for the Polytechnic Institution anniversary, to hit the arrested.
(2) The case was investigated from administrative view, through an Official Administrative Investigation and six policemen were sent over to the primary Disciplinary Tribunal with the question of dishonorable discharge, two policemen with the question of dismissal in suspension and one was charged with the penal sum of two hundred euros (200,00 €)
(3) Against the guilty policemen, criminal proceedings have been initiated by the Public Prosecutor of Thessalonica for unprovoked physical damage as abettors in crime and unprovoked virtual revilement. The case is still pending for hearing at the A’ Court of Appeals of Thessalonica.
c. Case of an aggravated assault to A. X. and to a foreigner, citizen of Albania P.P.
On 16.6.2007 and during midday hours, two (2) sworn attestations, one (1) digital disk (C.D.), and two photographs printed from VIDEO, in which a Police Officer, with the presence of other policemen, seems to maltreat (by giving them the order to hit each other), at the Security Department of Omonoia, one foreigner and one Greek, who have been brought in the above Service, under the accusation of attempting to grab a bag, were sent forward to the Attica Security Division by the Division of Internal Affairs.
For the investigation of the case, the transaction of an Official Administrative Investigation was commanded, while the Head of the Department, the above Officer and two (2) more policemen and two Frontier Keepers were suspended from their duties. The Official Administrative Investigation has concluded and it is on the examination and decision making stage by the competent decisive body (Attica Police Directorate). From the penal point of view, proceedings have been initiated against the above indicated persons for torture, while the Officer was taken into custody.
d. Case of foreigner, citizen of Bangladesh, S.G.
After the foreign citizen’s complaint to the C.P.T., that physical violence was exercised against him by policemen during his embarkation on an aircraft at the El. Venizelos Airport, where he got transferred for his expulsion to Bangladesh, the Attica Police Directorate commanded for the transaction of Official Administrative Investigation, for the investigation of the case under a disciplinary view, from which the following have emerged:
(1) Since 23.1.2007, together with other detainees, the foreign citizen of Bangladesh S.G. was detained at the detention facilities of the Aliens Division of Attica (24, Petrou Ralli str.). He had been arrested on 23.1.2007 by policemen of the Aliens Sub-Division and Illegal Immigration Department with the accusation of illegal residence in our country, since his asylum seeking procedure was rejected by virtue of a decision of the General Secretary, which decision was final because he did not lodge an appeal, according to the law.
(2) On 26.1.2007 the Aliens Division of Attica, rendered a decision for his expulsion, against which he lodged an appeal that got rejected upon a decision of the same Service.
(3) At about 09.30’ on 20.2.2007, two Police Officers took S.G. and the foreign citizen of Tunisia M.T. from the Aliens Division of Attica, and by an official vehicle they transferred them to the El. Venizelos airport for their expulsion. During the embarkation procedure to the aircraft, S.G. consistently denied to do so, and as a result, the spokesperson of the air-line company, by which he would fly to Dhaka, did not allow him the embarkation to the aircraft and he gave him to the escort policemen, who after taking the Tunisian as well (who has directly and peacefully expressed his denial for his expulsion at the arrival to the airport), they returned to the Aliens Division Department and at 15.00’ on 20.2.2007 they gave the foreigners to the Officer on duty for their re-immurement at the detention facilities.
(4) On 21.2.2007 and at about 11.30’, C.P.T. members visited the Aliens Division of Attica. After their information on the way that the detention facilities operate, they went to these areas and had a conversation with the detainees. During those interviews, the detainee who is about to be expelled, S.G., claimed that physical violence was exercised against him by policemen, during the stage of embarkation to the aircraft at the El. Venizelos airport, so as to de expelled to Bangladesh. His allegation had as a result to be immediately and under escort transferred to hospitals “SOTIRIA” and “LAIKO”, where he got examined with the aid of his codefendant A.A., as interpreter. The doctors that examined him on 21.2.2007 wrote down to their opinion:
• General practitioner: “no pathological findings were discovered”.
• Orthopedist: “from orthopedic view no orthopedic problem was discovered”.
• Otorhinolaryngologist: “from the otorhinolaryngological point of view nothing was found. From indirect laryngoscopy nothing was found…”.
At the end of the examination the aforementioned foreigner was led to the Aliens Division of Attica and he was re-immured to the detention facilities.
(5) On 23.2.2007 and at about 17.20, members of the above Committee visited the Aliens Division of Attica for a second time. After they inspected the detention areas of the foreigners who are about to be expelled, asked to meet with the detainee S.G., who on 20.2.2007 had mentioned (to the Committee in question) that policemen have exercised violence against him and they also asked the detainee to be examined by a member of the Committee and general practitioner ALAIN MITCELLL and have a conversation with him. For this reason, the surgery was made available and the foreign citizen of Pakistan, A.A., was in duty of interpreter.
The meeting lasted almost two hours and hereupon the members of the Committee expressed to the Head of the Aliens Division of Attica their will so as S.G. to be over again examined by hospital doctors in their presence, because they did not agree with the doctors’opinions from “LAIKO”. Meanwhile, they declared that they wish for a new examination, because during his examination at “LAIKO”, the foreigner got scared to describe the case history of the incident, due to the policemen’s presence at the place of the examination.
(6) At 19.40 on 23.2.2007, C.P.T. members, S.G. and A.A. (S.G.’s codefendant, in duty of interpreter) under the escort of policemen of the Aliens Division of Attica, arrived to the General Hospital of Nikaia-Piraeus “Agios Padeleimon” and after a ten-minute consultation among the members of the Committee and the doctors of the hospital, S. G. was called, (in the presence of A.A. in duty of interpreter), to be examined without the presence of escort policemen (demand of the Committee that was also acceptable by the doctors). During the surgical clinical examination of the aforementioned, according to the relevant opinions the following were discovered: late phase hematoma and sensitivity on his calf, light sensitivity of scutum, small late phase hematoma, at the chest area and abrasion to the left temple area. Because of the nature of the injuries an otorhinolaryngologistic and an orthopedic examination by X-ray control, from which nothing emerged, while no further re-examination of the detainee was indicated and no pharmaceutical treatment was subscribed. At about 22.00 on 23.2.2007 and after the completion of the examination, the members of the Committee left, while the other two foreigners returned to the Aliens Division of Attica and they were re-immured to the detention facilities.
(7) When examined in the course of the conducted Official Administrative Investigation, S.G. attested: “…on 20.2.2007…when I saw the airplane, I did not want to get on board for expulsion. The policemen grabbed me from my hands and tried to put me in the airplane. These took place in the area before the boarding stairs of the airplane. They also tried two more times, holding my hands and pushing me, to embark me in the airplane…When they saw my reaction, they transferred me to an airport room…As soon as they put me in that room…he grabbed me from the neck and hit me, using both his hands and feet, on my left leg and my face.” He did not report the incident to the Officer on duty, when they returned to Aliens Division of Attica, because, as he claims, because of the policemen’s presence during the examination, he got scared to mention to the doctors of “LAIKO” the way that caused his injuries. In the question, whether, during his detention, violence has been exercised against him by a policeman and if that was the reason why he was so scared after his expulsion, he answered that no violence has been exercised against him, but he assumed that new violence could have been exercised, because he had not been expelled.
(8) On the report of their written explanations, the Police Offices that transferred S.G. and M.T. on 20.2.2007 to the El. Venizelos airport, in order for the latter to be expelled, they mention among other: “…after we had arrived to the airport, we led them to the detention area of passport control…where M.T. told us that he did not want to leave and we did not move to the checking procedure… S.G. did not express a negative stance and so we called the spokesperson of the air-line company GULF AIR, C.P., in order to take a look at him and talk with him…The spokesperson came, talked with him, he did not bring any objection and we moved on to the procedure… We walked towards the air gate for embarkation on the aircraft with the spokesperson… In the air gate he fell down and told that he did not want to leave…he walked with the spokesperson and just before the aircraft entrance he fell down again and hit his head…The spokesperson denied to take him…his expulsion was annulled, we took him, bringing him back to the detention houses, with the Tunisian one, and we gave them to the Officer on duty.
The above described by the policemen, have been confirmed by all attestations (Official Administrative Investigation) by the examined witnesses, in which incidents are differently described by S.G.’s complaints.
(9) With regard to S.G.’s medical examination on 23.2.2007 and the findings, which are written down to the medical notice of the General Hospital Of Nikaia-Piraeus “Agios Padeleimon” on 23.2.2007, according to the undersigned and responsible for the examination doctor, in the course of the Official Administrative Investigation, P.I.:
(a) From their nature, multiplicity and physical features they befit an assault.
(b) They could have been evident, accordingly to the period of time between the incident and the first examination.
(c) The foreigner’s S.G. declaration on 21.2.2007 to a European Committee, that on 20.2.2007, during the embarkation procedure on the aircraft in order to be expelled violence has been exercised against him by policemen, findings of which (violence) the doctors they examined him on 21.2.2007, were never discovered, in combination with:
• His declaration to the doctors that examined him on 23.2.2007, that violence had been exercised against him five days ago, an inconsistency, which himself attributes to a mistaken translation of the interpreter (although he cannot explain how the same person translated differently the same things in these two cases).
• The doctor’s P.I. opinion, that: “the findings could have been evident, accordingly to the period of time between the incident and the first examination”.
• His attestation, according to the Official Administrative Investigation, that violence was exercised against him by a policeman at the detention area of the airport, element that is declared false by his codefendant M. T., raise, undeniably, doubt, to every credulous judge of the complaint, about the time, the way that any of his wounds were caused, and most importantly about the perpetrator of those. This doubt is growing stronger, according to theperson that conducted the Official Administrative Investigation, and becomes certitude, that no violence was exercised against the complainant, during his embarkation on the aircraft in order to be expelled, to the examined witnesses, C.P. and M.T., from which the things that emerge are: the followed procedure for the complainant’s embarkation on the aircraft on 20.2.2007, everything that took place and he did not get on board the aircraft, but also the fact of no exercise of violence against him by the escort policemen. Besides this, the foreigner’s general behavior during his transfer from the detention facilities of the Aliens Division of Attica to the airport, his short stay at the detention area of the airport, until his delivery by the spokesperson of the company, but also even after his negative reaction to his expulsion, from any evidence of the administrative investigation did not emerge, that it was of such kind, that it could have caused the policemen’s exercise of violence against them. The foreigner’s expulsion is an administrative action, in the expedition of which, the escort policemen participate and the non accomplishment of the expulsion did not give rise to any responsibility, which probably could cause their indignation and in “cold blood” could lead them to a violent reaction. In conclusion, and after the complainant’s attestation according to the administrative investigation is noticed, apart from those mentioned above, that during his detention no violence has been exercised by policemen, it is logical to wonder and of unidentifiable cause or result the choice of violence exercise by the policemen, at a public area, meaning the boarding area of the passengers to the aircraft (air gate), with only certain outcome to expose themselves in penal and disciplinary prosecution.
(10) According to the person that conducted the Official Administrative Investigation:
(a) The foreigner’s S.G. aforementioned complaints are not grounded.
(b) No behavior which was disregarding towards him, because of his nationality or his beliefs, was ever displayed by escort policemen at any time during his transfer and the complainant’s expulsion procedure.
(c) It does not appear, or even implied any reason-initiative, because of which the doctors of “LAIKO”, who examined the foreigner on 21.2.2007, omitted any finding of the examination, and by hiding this, to proceed on false affirmation of their opinions.
(d) It is beyond any doubt, despite the doctors’ different estimation, that S.G. had on 23.2.2007 late phase and decomposition injuries, which, however, cannot be attributed to the escort policemen’s actions on 20.2.2007, according to the proofs of the administrative file of proceedings, due to the fact that evidently no violence was exercised by them against him, at no time, from his delivery at morning hours on 20.2.2007 in order to be expelled until his re-immurement to the detention facilities at the Aliens Division of Attica at evening hours on the same day. They could, however, be the outcome of his reaction against the embarkation effort to the aircraft, or even they could be provoked by any other no definable cause, way or means. Because of the above, no responsibility for neither the two Police Officers, or for any other policeman came up, the competent decisive body, that tried the case, put it in records, from disciplinary view.
With a reference, the Attica Police Directorate submitted to the Athens Public Prosecutor’s office of District court judges a copy of the conducted report of the Official Administrative Investigation, for its information.
e. Case of foreigner, citizen of Iran, M. F. (paragraph 41)
From the Security Division of Attica, a preliminary inquiry is being conducted for the death conditions of the citizen of Iran M. F., son of M.M., born on {...} in Iran, who was found dead in the detention facilities of the Police Station of Omonoia on 5-2-2007 at 11.30. The preliminary inquiry has not been completed yet, as the forensic autopsy report of the body and the laboratory reports of the histological and toxicological examinations have not yet submitted to the above Service.
The stage in which the investigations are (preliminary inquiry), according to the provisions of the Criminal Procedure Code, is ruled by the “principle of secrecy” and because of that it is not possible for any preliminary report about the case, to become known.
At the same time, the Police Division of Athens ordered for the accomplishment of a Verbal Administrative Investigation, which has not been concluded yet.
With regard to the accusations for the non access of the Committee in some documents that deal with the above case, from a relevant document from the Attica Police Directorate, emerges that the Officer of the Police Station of Omonoia set at the disposal of the Committee all existing documents of his personal file. However, the President declared that even the officer’s personal documents should be at the disposal of the Committee and that he would raise the issue of “document concealment” to the meeting he would have at the Ministry of Public Order. Directly, the officer asked from the Committee to write down the controversial documents, in order to be proved-assured that none of the documents was concealed; however, its members denied the official notation and made do with improvised notes.
f. Accusations for a foreign detainee’s assault at the Police Station of Alexandroupoli
By virtue of an order of the Head of the Administrative Support Branch, the Police Division of Alexandroupoli was ordered to investigate the accusations about a foreign detainee’s assault at the Police Station of Alexandroupoli. The case is still pending.
g. Case of citizen of China, G. Y. G. (paragraph 15 report of year 2005)
The registered foreigner got examined by a doctor of the psychiatric Hospital of Attica (Dromokaetio) on 3-10-2005, who adjudged that he does not have behavior disorders or aggression, but he denies cooperating. After this, no further psychiatric examination was possible as he spoke no other language than his native one. He was kept for the serving of his penalty, imposed by the juridical authorities, as a patient to the closely supervised asylum for detainees at Korydallos, from 21-10-2005 to 13-2-2007 when he got expelled to his country.
3. DRAWING UP OF A JOINT MINISTERIAL DECISION FOR THE EXECUTION OF EXPULSIONS (paragraph 16)
From the Greek Police Headquarters a procedure of passing a Joint Ministerial Decision, which regulates details regarding the execution of expulsions according to the article 82, paragraph 5 of the L.3386/05, is moving forward.
Until now, the case has been regulated by the 4803/13/7-α΄ Joint Ministerial Decision since 18-6-1992.
4. PROVISION OF FORMS DECLARING DETAINEES’ RIGHTS (paragraph 42)
In all the detention areas there are forms of informative bulletins in -15- languages which determine their rights and which are delivered to all detainees with written proofs.
From the Greek Police Headquarters, a new reminder has been sent to all Police Services for the provision of the above forms of informative bulletins, to foreign detainees.
Moreover, all the written proofs of the above informative bulletins are kept in record to those detention Services.
5. DETENTION REGISTER (paragraph 43)
For every foreign detainee under expulsion, via the Information System Division of the Greek Police Headquarters, a unique personal file is constituted, which is uniform for all the country.
Elements that have to do with the beginning and the completion of a foreigner’s detention, as well as with his transfers, are registered to a special detainees’ book, of the detention Service.
6. INSTITUTIONAL ASSIGNMENT OF THE COMPETENCE FOR THE DETENTION AREAS CONTROL OF THE HELLENIC POLICE TO THE INDEPENDENT AUTHORITY “THE GREEK OMBUDSMAN” (paragraph 44)
For the case of the institutional assignment of the competence for the detention areas control of the Hellenic Police to the Independent Authority “the Greek Ombudsman”, all necessary actions are taken in order to move forward the procedure of legislative regulation.
7. COMPOSITION OF A DELEGATION OF THE MINISTRY OF PUBLIC ORDER AT THE MEETING ON 26-2-2007 (paragraph 8)
At the meeting of 26-2-2007, which took place at the Ministry of Public Order, with representatives of the Committee, participated the General Secretary, Mr. Kostis AILIANOS, the Head of the Security and Order Branch Major General Stefanos SKOTIS, the Directors of the competent Divisions of the Greek Police Headquarters (General Patrolling Division, Police Personnel Division, Organisation-Legislation Division, Technical Matters Division, Finance Division, Training Division and Aliens Division), and the respective representatives, the Director of the Aliens Division of Attica, as well as the appointed liaison officer of the Ministry of Public Order, Assistant Police Commissioner, Nikolaos STAVRAKAKIS of the Aliens Division.
Ministry of Justice
i) Ill treatment (Results of the investigation into the case referred to in par.46, 47 & 48)
As our service has already been informed by a relevant document (Num: 9807/26-2-07) sent by the Head of Korydallos Judicial Prison, regarding the case under consideration, the following actions have been conducted. The detainee S.E. at first got examined at the health center of the facility. Next, he got taken to the Prisoners’ Hospital and then under an emergency transfer, he was taken to the Thriasio Hospital, where he remained as an in-patient for one night. There, he had an X-ray check, and an orthopaedic and ophthalmologic examination. From the above examinations results no bone injuries have been discovered.
Mr.ATHANASAKIS, Deputy Public Prosecutor of Appeal Court of Athens, who is the supervising officer of the facility, has been informed on the course of all the above actions.
Moreover, by virtue of Document No. 15414/28-03-2007 of the Secretary General of the Ministry of Justice, a Close Administrative Inquiry has been conducted.
Its findings (Ref. document 78876/31-7-2007) led to the conclusion that: “there has come up no adequate evidence for the detainee’s beating, neither any evidence of commission of disciplinary indiscretions nor any other responsibility of the penitentiary servants of Korydallos facility”.
ii) Functioning of the forensic Medical Examinations in Greece
The Head of the Forensic Service of Athens, confirms to our service in his related document (Ref. No. 450/12-09-2007) that Forensic Services demonstrate sensitivity, diligence and care, in examining in full detail any persons who have suffered from any form of violence. He mentions that the procedure followed is this: Specifically, a detailed record of injuries is taken, noting the causes that provoked them, the time that such injuries took place, and their severity. To continue with, a Forensic Report is compiled, and sent to the Investigative Authority.
iii) The future purpose of the segregation units (par.56)
An answer to this has been given in document No.25989/29-6-2007, the content of which is attached anew, for reasons of convenience.
Finally, it should be noted, that positions on other issues raised by the C.P.T, either in the form of recommendations or observations, are reflected in detail in Document No. 25989/29-6-2007, the content of which is attached anew, for reasons of convenience.
Content of Document no 25989/29.6.07 of the Ministry of Justice (CPT 2005 Report):
I) Prison Conditions (recommendation in par. 97)
As we had already informed you, the Ministry of Justice has planned and already has been materialized a quick program for the construction of new seven prisons of 2700 prisoners capacity. The first out of the seven Establishments for Detention, in Trikala has already been operating since 2006.
While the second new Establishment for Detention, in Donokos has been operating for the last three months. During the next months the third Establishment for Detention in Grevena has been expected to operate and also the fourth new prison in Elaionas of Thives, where 350 women prisoners will be transferred who are kept today in Korydallos. Furthermore it is provided within 2008, the Establishments for Detention of Serres and Drama to be completed. Finally at the beginning of 2008 the seventh prison in Chania will be delivered.
At a second phase the construction of three new complexes of Establishments for Detention, has been planned and routed, having a total capacity of 2400 prisoners.
More particularly as far as your question is concerned for the Women’s Prisons and also for the Judicial; Prison of Korydallos we inform you the following:
a) The Women’s Prisons of Korydallos are about to be transferred to Elaiona of Thives till autumn, where the new Women’s Prison will operate. All prisoners, minors and mothers-prisoners will be transferred to that. In the area of the prison under discussion only one wing with the women – accused pending trial will operate. Immediately after their transfer, the necessary extended building improvements will be made.
b) From the Judicial Prison of Korydallos a significant number of prisoners was transferred both to the prison of Trikala, which has been operating for the last one year and to the newly established Prison of Domokos. At this point we should noted that prisoners from other establishments were also transferred to the prison of Domokos (Judicial Prison of Komotini, Chios & Thessaloniki).
Finally with the operation, next autumn, of the new prison of Grevena, our basic aim, is the conversion of the Judicial Prison of Korydallos to an establishment for detention only for accused persons awaiting trial improving at the same time their detention conditions.
II) Updated information on Chios Prison (recommendation in par. 98)
A nurse-aid has been employed at the Judicial prison of Chios of the category of Nursing of Technological education.
As far as the materialization of programs during this period no program has been materialized.
III) Prison Regime (recommendation in par. 10)
The categories of the programs materialized in the year 2007 at the establishments for detention of the Country, are described at the following table:
|
|
Programs |
Number of Detention Establishments
|
Programs Number |
Prisoners Number |
|
1 |
Professional training (performed by OAED. Their duration is 500 hours. They are subsidized. |
12 |
21 |
300 |
|
2 |
Training Ι.ΔΕ.ΚΕ. |
21 |
118 |
1612 |
|
3 |
Training ΑΡΣΙΣ – Ν.Ε.Λ.Ε. |
11 |
21 |
649-667 |
|
4 |
Withdrawal |
14 |
22 |
504-513 |
|
|
TOTAL |
|
176 |
3065-3092 |
Finally as far as your question is concerned in relation to the programs materialized during the years 2005-2006 at the Women’s Prisons at the end of your document we attach you herein a relevant text.
IV) Health care services (recommendation in par. 101, 106,107)
During the period of time 2006-2007 16 Nurse Aids have been employed of the category of Technological Education and 4 of the Category of Secondary Education. Furthermore, the substitution of 5 nurse aids of the category of Technological Education and 4 of the category of Secondary Education is still pending.
Moreover, by virtue of the document No. 39556/3-4-2007 of the Ministry of Justice, a petition was forwarded to the Supreme Council for Personnel’s Selection (ΑΣΕΠ) for the proclamation of 6 positions for Medical Doctors, 3 positions for Dentists, and also 6 positions for Nurse-Aids, in order to cover the prisoners’ needs for health care.
V) Medical screening on admission (recommendation in par. 109)
As far as the prisoner’s health matters is concerned these are managed pursuant to the valid provisions of the Correctional Code, by the existing personnel. And pursuant to articles 24, 27 & 30 of the Correctional Code, the latest till the next working day as of his/her admission, the prisoner is led to the medical doctor, who examines him/her and if he ascertains a disease subjects him to the proper therapeutic medication or asks his examination by a special doctor. Where it is imposed the medical doctor cares for his referral to the suitable therapeutic establishment. This provisions is applied in all Detention Establishments.
VI) Drug related problems (recommendation in par. 115)
For the prisoners having problems with drugs, we inform you that programs for counseling prisoners drug-addicts already operate in 14.
Detention Establishments. Furthermore the Ministry of Justice following a long and substantial consultation with the representatives of the Centre for the Treatment of Addicted persons (ΚΕΘΕΑ) expanded its collaboration with the following actions:
1) By virtue of a decision of the Ministry of Justice the operation of programs for Counseling Support was approved for the support of prisoners drug-addicts from the ΚΕΘΕΑ for all in general and special Detention Establishments. Bu that decision the framework for the operation of these programs was set and the terms for the collaboration of the Ministry with ΚΕΘΕΑ were regulated in this section.
More particularly the following were provided:
The aims of the programs, the rendered services, the requirements for participation, the basic principles of operation, the time for the completion of the program and its staffing. The aim of the Ministry is the operation of the Counseling programs at all the new Detention Establishments and also at those already existing where respective areas exist.
2) By virtue of the decision of the Ministry of Justice the operation of a daily program for withdrawal was approved at the Judicial Prison of Korydallos (8.00 – 17.30) and at the Women’s Prisons of Korydallos with a prediction for the framework of its operation. More particularly the following are provided:
The requirements for participation in the program, the staffing of the program, the time for its completion.
50 prisoners may participate in this program at the Judicial Prison of Korydallos and 20 prisoners at the Women’s Prisons of Korydallos.
The formation of the areas where the program will operate will be performed by THEMIS CONSTRUCTIONS, on the basis of a study that has been drawn up by the Technical Service of the ΚΕΘΕΑ.
3) By virtue of a decision of the Minister of Justice a partial modification is made at the General detention Establishment of Trikala and to a the5rapeutic establishment as well and a special department is established at which a complete therapeutic program will operate by ΚΕΘΕΑ. This program will be approved by a joint decision of the Ministers of Justice & Health and 50 prisoners will be able to participate who will have attended successfully a program for Counseling support of ΚΕΘΕΑ that operates at every detention Establishment.
VII) Staffing supplementary information on issues (recommendation in par. 123-125)
On the basis of the proclamation No. 58070/30-5-06, 209 positions of branch of Secondary education were proclaimed for External Guarding. Out of these 199 were appointed. The employment of 2 more is still pending.
Furthermore by the proclamation No. 79140/19-7-06, 260 positions were proclaimed of the branch of Secondary Education. Out of these 259 were appointed. One (1) employment is still pending.
Moreover, 60 positions of various branches have been given for filling at the Supreme Council for Personnel’s Selection (ΑΣΕΠ). (Re. The documents Nos 58079/5-6-2006 & 39556/3-4-2007 of the Ministry of Justice).
Finally as far as the personnel’s education is concerned, due to the permanent lack of guarding personnel, not even one of the proposed Informative Programs was made possible to be materialized. But on the contrary, as far as the personnel of External Guarding is concerned every two years are performed of compulsory character, on issues concerning the use of guns.
VIII) Conditions in the segregation unit (recommendation in par. 130)
Pursuant to article 26 of the internal regulations of operation, all prisoners are entitled to go out to the courtyard at least one hour a day.
IX) Transfer of prisoners (recommendation in par. 133 & 134)
The above mentioned does not fall within the competency of the Ministry of Justice. The Ministry of Public Order is relevant.
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