SECRETARIAT GENERAL SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRÉTARIAT DU COMITE DES MINISTRES

Contact: Simon Palmer Tel: 03.88.41.26.12

Date: 27/04/2012

DH - DD(2012)427*

Item reference: 1144th meeting DH (June 2012)

Communication from the government of in the case of M.S.S. against Belgium and Greece (Application No. 30696/09).

Information made available under Rule 8.2.a of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements.

* * *

Référence du point : 1144e réunion DH (juin 2012)

Communication du gouvernement de la Grèce dans l'affaire M.S.S. contre Belgique et Grèce (Requête n° 30696/09) (anglais uniquement).

Informations mises à disposition en vertu de la Règle 8.2.a des Règles du Comité des Ministres pour la surveillance de l’exécution des arrêts et des termes des règlements amiables.

* In the application of Article 21.b of the rules of procedure of the Committee of Ministers, it is understood that distribution of documents at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers (CM/Del/Dec(2001)772/1.4). / Dans le cadre de l'application de l'article 21.b du Règlement intérieur du Comité des Ministres, il est entendu que la distribution de documents à la demande d'un représentant se fait sous la seule responsabilité dudit représentant, sans préjuger de la position juridique ou politique du Comité des Ministres CM/Del/Dec(2001)772/1.4). 1

Permanent Representation of Greece to the Council of Europe

No.: F6702/ 74 /AS 314 Strasbourg, 26 March 2012

To: Mrs Genevieve Mayer Head of the Department for the Execution of Judgments of the E.C.H.R. DG II, Council of Europe F-67075, CEDEX

R: Case M.S.S. v. Belgium and Greece (no 30696/09).

Dear Madame, Allow me to update you on the recently performed and further planned technical improvements at the detention facilities of the region of ( north-east Greek border), as well as on specific actions planned in order to manage the expansion of the illegal immigration phenomenon and therefore ameliorate the conditions of detention of the third country nationals. The ultimate goal pursued by Greek authorities is to safeguard human rights within the framework of dignity, respect of particularities, non-marginalization and classification of people.

(I) GENERAL ISSUES – CREATION OF SPECIAL DETENTION FACILITIES FOR ILLEGAL IMMIGRANTS.

Regarding the First Reception Services established by the Law 3907/2011, the total number of employees offering their services – exclusively under secondment – at these Services, is eight (8). In addition, a new announcement – call for the expression of interest regarding the cover of five (5) more posts under secondment is under process.

a. In the frame of the continuous efforts made by the Ministry of Citizen Protection to improve building facilities and to ensure a healthy stay and protection of detainees, a “General Operation Rule of the Regional First Reception Services” was drafted (Joint Ministerial Decision no. 7001/2/1454-h, dated 26/01/2012, Government Gazette no.64), according to which coordinated efforts are made in order to tackle the problems faced in some Services and which result from the existing building infrastructure, often enough in combination with the great number of detainees. 2

The pursued goal is to establish detention conditions for the detainees that are in conformity with the standards set by the E.E and the principles of the ECHR as interpreted by the Court.

b. Presidential Decree Draft on the Organization and Operation of the First Reception Service – final phase of processing. The provisions of the said Presidential Decree safeguard such preconditions, conditions and infrastructures that upgrade the protection level provided for human rights, always taking into consideration the elevation of and respect to human values. The aforementioned legislative regulations typically form the first official recording of legislative documents governing Reception Centers (formerly Special Centers for the Detention of Foreigners – EHPǹ) and of the operation regulations of the detention facilities which used to be carried out in accordance to the service orders issued.

c. Furthermore, the general requirements and the technical specifications for the First Reception Regional Services have already been drafted and a market research has been performed for the first Regional First Reception Service in the area of Evros.

d. A Memorandum of Understanding has been entered into between Greece and the European Economic Area (EEA – Norway, Switzerland, Island, Lichtenstein), which provides for a financing of 20,873,417.00 euros for the enhancement of the Asylum and Immigration sector; more specifically, for covering the direct needs arising from the reception of third country nationals and providing accommodation to vulnerable groups and unaccompanied minors, for enhancing the programs of voluntary return, as well as for enhancing the United National High Commissioner for Refugees regarding the continuation of support provision to Greek Authorities.

e. With regard to a plot (17,388 sq.m.) provided in the region Evros, adjacent to the area that hosts the current Reception and Detention Center for illegal immigrants of Fylakio, Municipality of , I would like to inform you that a proposal has been made on the credit for the performance of the project1 in the context of the Annual Program of the European External Border Fund for 2012 – value of 5,500,000.00 euros – completion within the current year.

f. Following the Joint Ministerial Decision rendered by the Minister of Finance, the Minister of Development, Competitiveness and Shipping and the Minister of Citizen Protection (signed on 19/09/2011), which assigned the Hellenic Public Real Estate Corporation (KED) with the seeking of

1 Construction of a new building facility as a Reception Center, as well as the construction of a biological treatment plant which shall also serve the adjacent building facilities. 3

appropriate building facilities2 in the region of Northern Evros, we hereby inform you that the required cost of five million euros (5,000,000.00 €) shall be covered by credits from the European External Border Fund (European participation by 75% and national participation by 25%). To this end, all the necessary procedures are in the way for the use of a building plot of 11,000 sq.m. in the region of , Prefecture of Evros (a former factory of coffee processing).

(II) TECHNICAL IMPROVEMENTS IN THE BORDER DETENTION DEPARTMENTS OF EVROS – TAKING OF MEASURES FOR THE GENERAL IMPROVEMENT OF CONDITIONS OF DETENTION OF THIRD COUNTRY NATIONALS.

1. GENERAL In the following paragraphs you may find a summary of the joint actions taken for the two border Police Divisions (Police Division of and Police Division of Orestiada) with regard to the technical improvements in their Border Guarding Departments, as well as for the measures adopted for the management and tackling of the illegal immigration of entry points of the Greek- Turkish borders.

(i) On 23/01/2012, a respective contract of 437,987.00€ was signed through the External Border Fund with regard to the reparation – restoration – reformation (painting, restoration of hygiene areas, placement of metal beds) of the detention areas of the Border Guarding Department of (capacity of 32 beds), Kyprinos in Orestiada (Fylakio Evros – capacity of 378 beds) and of (capacity of 76 beds) respectively. The works shall be completed within four (4) months from the date mentioned above.

(ii) Studies and budgets of 70,000.00 € were drafted and funding was provided from the External Border Fund for the installation of a closed circuit television system at the Border Guarding Departments of , Soufli, Tychero and Orestiada, which have been already installed.

(iii) RECRUITMENT OF SPECIALIZED PERSONNEL . The Ministry of Citizen Protection established a support program for third countries nationals who are temporarily held in detention, by psychologists and social workers, assisted by proper interpreters and translators (2nd Phase). This program, which shall last up to 30/06/2012, employs, under assignment contracts, 25 psychologists, 25 social workers and 21 interpreters and translators, both in the Police Directorate of as well as in the Police Division of Alexandroupolis, Orestiada and Rodopi within the framework of the annual program of the European Return Fund.

2 For the hosting the a Regional First Reception Service, the Regional Asylum Office and FRONTEX (European Agency) offices, as well as several public services that support their work ( Division, headquarter of Border Guarding Services, Fire Brigade – Multi-purpose Center) 4

There is a stipulation for the renewal of such program, as well as its expansion to other Greek regions that face intensive migration flows, under the annual program 2012 of the European Return Fund.

(iv) Moreover, the Hellenic Police Headquarter is paying a great attention to the significant problem of vulnerable groups (i.e. women, single-parent families, elderly) and mostly of minor immigrants (applying the provisions of Law 3907/2011, whereby the Greek legislation was adjusted to the provisions of Directive 2008/115/EC). The goal aimed is to provide the required protection level. More specifically in case of detention, people that fall under the previously mentioned categories, are separately kept, as they have special needs and require special treatment by trained and specialized personnel. In addition, the competent Services of the Ministry take care for their transfer to proper hosting facilities.

The creation of First Reception Centers (KEPY) and the Detention Centers for Third Country Nationals (Law 3907/2011) shall solve the major problem that Greece faces in this issue, i.e. the creation of new standards for the conditions prevailing in Detention Centers, which shall be able to increase their capacity for third country nationals, whose administrative or judicial decision for return is pending and to ensure the required level of living conditions for their guests and detainees.

(v) On 19/01/2012, a contract was signed with a contractor assigned to construct an artificial preventive obstacle (fence3) at the Prefecture of Evros, of 3,161,586.14 euros. The project will be completed within five (5) months from the aforementioned date. This initiative is a part of an entire effort made for the integrated management of illegal immigration and aims at discouraging uncontrolled entry of illegal immigrants into the Greek territory, as the vast majority of the immigrants arrested at the external borders of Greece with comes from this land area.

As far as the funding of such project and the respective procedures are concerned, the competent Service (Service for the Management of European and Developmental Programs) has timely submitted a funding proposal to the European Committee within the framework of the Annual Program 2011 of the European External Border Fund for the acceleration of the respective procedures (the respective approval was delayed – given on 25/11/2011), for obvious reasons of public interest, the project was decided to be funded by the Public Investment Program.

It is obvious that just building a fence cannot solve the problem. It is however a measure, a choice bearing a strong symbolism, a message that should be communicated to the third country nationals who want to use Greece as a “TRANSIT” country for their moving to other Countries.

3 10.5 klm long at the ground part of the Greek borders, region of Nea Vissa, Orestiada 5

(vi) On 22/07/2011, a Contract was signed with a technical company for the installation of cameras at the Prefecture of Evros, totally amounting to 1,598,900.00 euros and the project was completed on 30/11/2011 within the framework of developing a fully automated system for the monitoring of ground borders. 2. More specifically, we inform you on the following for each Police Division: POLICE DIVISION OF ALEXANDROUPOLIS.

The immigration flows of illegal immigrants observed within this area throughout 2011, were characterized by unrelenting intensity, despite the inhibitory measures taken for tackling such phenomenon4, a fact that aggravated the living conditions of detainees at the existing Border Guarding Departments.

It should be stressed that in 2010, 11,079 illegal immigrants were arrested in this area, while such number increased to 26,760 in 2011, a fact that reveals the increased working load as well as the difficulties that the Services of the respective Police Division had to deal with.

a. Technical improvements per each Border Guarding Department:

Border Guarding Department of Soufli: Maintenance of burner and water heater, replacement of lamps and shower batteries, repair of windows, the central door of the detention facilities and the fencing.

Border Guarding Department of Tychero: Works were performed in the detention facilities, painting of internal and external walls, replacement of water heaters, placement of additional fencing and change of washbasins.

Border Guarding Department of Ferres: On 23/06/2011, a Contract of 1,700,000.00 euros was signed for the construction of a Police Department – Border Guarding Department of Ferres (capacity of 87 beds). The project was taken over by the External Border Fund and it will be completed up to the end of February of this year.

b. Measures for the overall improvement of illegal immigrants conditions of detention 9 Illegal immigrants’ board, as already mentioned in our previous documents, is exclusively performed by the competent Police Division, through a private catering company. Each detainee is provided with breakfast, lunch and dinner. Their board is direct and provided as soon as they arrive to the Department up to their departure there from. 9 They are regularly provided with personal hygiene items, which the Police Services get from free trade stores and from “Doctors Without Borders” NGO, which, as you have been already informed, is activated in the region of Evros, under an existing program.

4 Under the National Action Plan “Greece – SCHENGEN” 6

9 The detention areas are cleaned on a daily basis by a private cleaning crew. 9 The 4th Administration of Health Region, in cooperation with the Hellenic Center for Disease Control & Prevention, has hired personnel under five-month employment contracts, since 29/09/2011, i.e.: two (2) doctors, two (2) interpreters and one (1) psychologist for the three Border Guarding Departments and one (1) nurse for each Border Guarding Department. As soon as illegal immigrants enter – arrive at the detention facilities, the assigned personnel take their medical history and next, they are vaccinated for tuberculosis and tetanus, if necessary. Moreover, there are two (2) available ambulances which are exclusively provided for the transfer of detained patients to the Hospital of Alexandroupolis and the Hospital of Didimoteicho, always in accordance with the doctors’ reports who examine them on a daily basis. This action is performed through the program of the 4th Administration of Health Region, Ministry of Health and Social Solidarity.

Upon a decision rendered by the Minister of Citizen Protection, interpreters, translators, psychologists and social workers have been recruited under assignment contract up to 30/06/2012 for providing support to illegal immigrants under detention (2 nd phase); the aforementioned personnel members have already taken action. More specifically, since 12/01/2012 an –at least- five-member group of Interpreters, Translators, Psychologists and Social Workers have been offering their services to each Border Guarding Department, within the framework of the annual program of the European Return Fund for 2010.

POLICE DIVISION OF ORESTIADA.

The phenomenon of illegal immigration is exceptionally common within the territorial competence of such Police Division, a fact that aggravates the living conditions of the detainees in the Border Guarding Departments and the existing Special Centers for the Detention of Third Country Nationals of Fylakio.

It should be stressed that in 2010, 35,930 illegal immigrants were arrested with such region, while, in 2011 the same number decreased to 28,231 persons, a fact that clearly proves the valiant efforts made by the Services of the competent Police Division (police and civil personnel) for the timely completion of all the required administrative procedures and the resolution of the problems arising from the detention of illegal third country nationals.

a. Technical improvements at the Border Guarding Department of Kyprinos – former Special Center for the Detention of Foreigners in Fylakio, Orestiada As already mentioned above (paragraph 1, indent i), the restoration works of the existing detention facilities are under process.

b. Measures for the overall improvement of illegal immigrants living conditions. 7

9 Drastic decrease in the number of detainees (270 persons – Center capacity 374 persons) due to the great number of arrests performed on a daily basis. 9 Detainees enjoy sitting at detention facilities yard one hour daily per rooms. 9 They are regularly provided with personal hygiene items, which our Services get from free trade stores and from “Doctors Without Borders” NGO, which, as you have been already informed, is activated in the region of Evros, under an existing program. 9 In addition, the former Special Center for the Detention of Foreigners in Fylakio runs an action of the Ministry of Health & Social Solidarity with the provision of one (1) doctor, two (2) nurses, four (4) psychologists, six (6) social workers and six (6) interpreters to ensure the provision of medical and psychological support to detained illegal third country nationals. It should be stressed that currently, all third country nationals arrested by the Border Guarding Departments of such Police Division are directly transferred for further detention and completion of all required administrative procedures to the former Special Center for the Detention of Foreigners of Fylakio.

9 Upon a decision by the Minister of Citizen Protection, interpreters, translators, psychologists and social workers have been recruited under assignment contract up to 30/06/2012 for providing support to illegal immigrants under detention (2nd phase); the aforementioned personnel members have already taken action. More specifically, since 12/01/2012 an –at least- five-member group of Interpreters, Translators, Psychologists and Social Workers have been offering their services in each Border Guarding Department, within the framework of the annual program of the European Return Fund for 2010. (III). Apart from the actions mentioned above, Greek authorities additionally proceed to the following actions, with a view to continually improve the living conditions in the detention facilities of the respective Police Divisions that incur the main burden of illegal entry by immigrants in Greece and the European Union in general.

More specifically, the Hellenic Police Headquarters have already proceeded to all the necessary actions for dealing with the problems related to the lack of detention areas within the building facilities of the Hellenic Police Force. Special legislative initiatives were taken for the substantial reformation and amelioration of the existing detention facilities and the amendment of the national procedure on asylum by creating modern and permanent structures, with a view to adequately meet not only the requirements hereof, with regard to immigration flows, but also to cover all the needs that shall later arise, by paying respect to detainees’ rights, as required by the ECHR. Such innovations, in combination with the detention policies and the network of measures taken under our immigration policy, are surely expected to provide viable solutions to such chronic problems. 8

We have ensured a credit of 3,000,000 euros from the Annual Program of the European Border Fund for 2011 (expiration date 30/06/2013) for actions related to the implementation of such Greek Action Plan on immigration. The projects and the accurate budget shall be defined upon the spatial arrangement of the aforementioned structures, whose procedures are under process (building – arrangement of the Detention Facilities and First Reception Centers)5.

Within the framework of a continual effort for the improvement of building structures and safeguarding the health stay and protection of detainees, a Technical Description has been established for detention facilities, according to which the detention facilities hosted by the Police Divisions are constructed – renovated, taking into consideration, among others, the instructions given by the CoE Committee on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. Bearing in mind the improvement of the building facilities of the Hellenic Police Services, several projects are being performed through Public Investment Programs or Public & Private Partnerships for the erection of modern buildings with proper detention areas, and therefore both working needs of the personnel and citizens’ needs are fully covered, while in parallel, human detention conditions are provided to respective detainees.

POLICE DIVISION OF ALEXANDROUPOLIS.

¾ Police Division of Alexandroupolis: the 2nd Phase for the erection of a building for hosting the Services of the Police Division of Alexandroupolis is under process through Public & Private Partnerships. The project is estimated to be completed within two (2) years from the date of contract signing with the awarded contractor. ¾ Works for the reformation – reconstruction, with total budget of 11,000.00 euros, were performed and in addition, the amount of 25,000.00 euros was approved by the Management Service for European and Development Programs for a facility provided by the General Staff in Poros, Evros, operating as a First Reception Center for Illegal Immigrants. ¾ Municipality of Tychero, Prefecture of Evros is about to provide us with a plot of (10.000 sq.m.) for the construction of a modern building with a view to host the Police Department and the Border Guarding Department of Tychero. After the completion of the granting procedure, and when the plot becomes a property of the Hellenic Police Force, the respective proposal will be made on the erection of a building, so as the latter to fall under the Program of the External Border Fund. Estimated time for the completion of the project: within 2013. ¾

5 30 First Reception Centers have been planned to be created the next months throughout the whole country, 3 in each Greek region in a view to spread the wave of illegal immigrants throughout the whole country and so relax the capital, the other big cities (Thessaloniki, Patra, ) and the border’s regions who suffer the most from the illegal entry of so many people in the country.

9

POLICE DIVISION OF ORESTIADA.

The competent Municipality has proceeded to all the necessary changes in the deed of assignment for the building hosting the Border Guarding Department of Orestiada (capacity of 12 beds) from annual term to –at least- a ten-year term, in order for the Hellenic Police to perform all the required restoration works of 70,000.00 euros through the External Border Fund.

¾ The Municipality of Didimoteicho provided a plot of 2,670 sq.m. for the erection of a building with a view to host the Police Department – Security Department and Border Guarding Department of Didimoteicho (capacity of 30 beds). The project was included in the External Border Fund with a total budget of 2,500,000.00 euros. All respective procedures are on the way for the assignment of a project contractor. Estimated time of completion by 30/06/2013. ¾ The detention facilities of the Border Guarding Department of Metaxades (capacity of 20 beds) and Border Guarding Center of Nea Vissa (capacity of 25 beds) were renovated and reformatted. The project was performed with approved credits of 64,000.00 euros through the External Border Fund.

POLICE DIVISION OF RODOPI.

An inspection was performed and a technical description – budget was drafted for the reformation and renovation of the former facility of former Special Centers for the Detention of Foreigners – EHPǹ of Venna (capacity of 215 beds), Prefecture of Rodopi. A credit of 70,000.00 euros was approved and the project is under progress by the respective Police Division.

Apart from the aforementioned, you are advised on the following:

x An inspection was performed and a technical description – budget was drafted for the reformation and renovation of the former facility of Special Centers for the Detention of Foreigners – EHPǹ of Chios and islands (total capacity of 405 beds). The necessary credit of 80,192.00 euros was provided by the European External Border Fund. Within the first two months of the current year, a Public Tender will run and as soon as the assignment of the contractor is performed, a respective contract will be signed for the renovation of the aforementioned premises. The works have to be completed within fifty (50) calendar days from the date of contract signing.

x In addition, among other actions of the annual European Program for 2011 of the European Return Fund, the amount of 600,000 euros was approved for improving living conditions in the detention facilities in the region of Attica. x Moreover, as far as the permanent control of the detention facilities is concerned, a Committee was established, under the orders of the Head of the Head of Staff/Hellenic Police Force Headquarters, 10

in October 2010 in order to inspect the aforementioned areas for the observation of terms and conditions regarding health and security of detainees. In case of a deviation, the Committee shall have to make recommendations on the necessary interventions – improvements of the detention facilities.

All the information provided above has also been communicated by the Greek authorities to the Committee on the prevention of torture and inhuman or degrading treatment or punishment (C.P.T.) at the Council of Europe I will provide you as soon as possible with any further information I shall receive. No need to say that I remain at your disposal for any clarification you may need.

Yours faithfully

Ourania Patsopoulou Senior Adviser Deputy to the Permanent Representative