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Report of the Working Group on Arbitrary Detention*, ** United Nations A/HRC/45/16/Add.1 General Assembly Distr.: General 29 July 2020 Original: English Human Rights Council Forty-fifth session 14 September–2 October 2020 Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Visit to Greece Report of the Working Group on Arbitrary Detention*, ** Summary The Working Group on Arbitrary Detention visited Greece from 2 to 13 December 2019 upon the invitation of the Government. The Working Group identified positive developments, including the ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the designation of the Greek Ombudsman as the national preventive mechanism, and the use of alternatives to detention and provisions for early release. At the same time, there were challenges in the criminal justice system, such as widespread pretrial detention, insufficient awareness of the right to legal assistance and instances of short trials. In the context of migration, the Working Group observed, among other issues, a lack of awareness among detainees of their right to apply for international protection and of the procedural requirements, a substantial burden on shelters for unaccompanied children, instances of inaccurate application of procedures for the assessment of age and vulnerability, and insufficient legal aid to challenge detention and removal decisions. Lastly, the Working Group found that the procedure for involuntary admission of persons with psychosocial disabilities remained problematic, and identified delays in consideration of involuntary admissions by the courts and lack of access to a lawyer to challenge mental health assessments. Among its recommendations, the Working Group encourages Greece to become a party to several human rights instruments and to adopt specific practices that offer greater protection against arbitrary detention. * The summary of the report is being circulated in all official languages. The report itself, which is annexed to the summary, is being circulated in the language of submission only. The appendix is being circulated without formal editing, in the language of submission only. ** Agreement was reached to publish the present report after the standard publication date owing to circumstances beyond the submitter’s control. GE.20-10228(E) A/HRC/45/16/Add.1 Annex Report of the Working Group on Arbitrary Detention on its visit to Greece Contents Page I. Introduction ................................................................................................................................... 3 II. Overview of the institutional and legal framework ....................................................................... 3 A. International human rights obligations ................................................................................. 3 B. National legal framework ..................................................................................................... 4 III. Positive measures and initiatives ................................................................................................... 5 A. Ratification of international human rights instruments ......................................................... 5 B. Alternatives to detention ....................................................................................................... 6 C. Provisions for early release ................................................................................................... 6 IV. Main findings concerning the right to personal liberty ................................................................. 7 A. Deprivation of liberty in the context of the criminal justice system ..................................... 7 B. Detention of persons in the context of migration .................................................................. 10 C. Deprivation of liberty in the context of psychosocial disability and social care ................... 15 V. Conclusions ................................................................................................................................... 16 VI. Recommendations ......................................................................................................................... 18 Appendix ............................................................................................................................................................. 21 2 A/HRC/45/16/Add.1 I. Introduction 1. At the invitation of the Government, the Working Group on Arbitrary Detention conducted an official visit to Greece from 2 to 13 December 2019. The Working Group was represented by José Antonio Guevara Bermúdez (Mexico, Chair-Rapporteur), Leigh Toomey (Australia, Vice-Chair) and Sètondji Roland Adjovi (Benin) and accompanied by staff from the Office of the United Nations High Commissioner for Human Rights. This was the second official visit of the Working Group to Greece, the first visit having been conducted in 2013 (see A/HRC/27/48/Add.2). The Working Group would like to thank the Office of the United Nations High Commissioner for Refugees (UNHCR) and the United Nations Children’s Fund for the support provided prior to and during the visit. 2. The Working Group extends its gratitude to the Government for inviting it to undertake this visit and for its fullest cooperation. This includes securing all requested meetings with stakeholders, providing relevant data and information and ensuring unimpeded access to all places of detention. This is a strong foundation for the Working Group to continue to provide advice and assistance to the authorities on detention practices. 3. The Working Group met with officials from the Ministry of Foreign Affairs, the Ministry of Citizen Protection, the Ministry of Health, the Ministry of Labour and Social Affairs, the Ministry of Shipping and Island Policy, the Hellenic Supreme Court of Civil and Criminal Justice, the Supreme Court’s Public Prosecutor’s Office, the Public Prosecutor’s Office in Thessaloniki, members of the Athens and Thessaloniki Bar Associations, the National Centre for Social Solidarity, the National Coordinator for Unaccompanied Minors, the Greek National Commission for Human Rights and the Greek Ombudsman. 4. The Working Group visited 21 places of deprivation of liberty in Attica (including Athens), the Peloponnese, the island of Kos in the south Aegean, Thessaloniki and eastern Macedonia and Thrace (see appendix). It was able to confidentially interview over 150 persons deprived of their liberty. 5. The Working Group also recognizes various stakeholders within the country who shared their perspectives on the arbitrary deprivation of liberty, including representatives of civil society, lawyers and individuals currently deprived of liberty. The Working Group thanks them for the information and assistance provided. 6. The Working Group shared its preliminary findings on 13 December 2019. It intends to continue its constructive dialogue with the Government on the issues presented in the present report. This report takes into account information provided by the Government on progress made since the Working Group’s previous visit, in 2013. II. Overview of the institutional and legal framework A. International human rights obligations 7. Greece is party to most major international human rights instruments, including the International Covenant on Civil and Political Rights, the Optional Protocol to the International Covenant on Civil and Political Rights and the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol; the Convention on the Rights of the Child and two of its Optional Protocols; the Convention on the Rights of Persons with Disabilities and its Optional Protocol; the International Convention for the Protection of All Persons from Enforced Disappearance; and the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. 8. Furthermore, the State has ratified or acceded to the Convention on the Prevention and Punishment of the Crime of Genocide, the Convention relating to the Status of Refugees and the Protocol thereto, the Convention relating to the Status of Stateless 3 A/HRC/45/16/Add.1 Persons, the Geneva Conventions of 12 August 1949 and the Protocols additional thereto, the fundamental conventions of the International Labour Organization, the Rome Statute of the International Criminal Court, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. 9. The State is not party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Optional Protocol to the Convention on the Rights of the Child on a communications procedure or the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. 10. Greece has been subject to the universal periodic review, having participated in two cycles, in 2011 and 2016. Its third-cycle review is scheduled for 2021. B. National legal framework 1. Constitutional protections 11. The current Constitution was adopted in 1975 and revised most recently in 2019. According to article
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