Anti-torture Committee again calls on Greece to reform its immigration detention system and stop pushbacks

Council of Europe anti-torture Committee again calls on Greece to reform its immigration detention system and stop pushbacks.

In a report on its ad hoc visit to Greece, which took place from 21 November to 1 December 2023, published together with the response of the Greek authorities, the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) once again urges the Greek authorities to improve the conditions in the country’s immigration detention facilities, and especially the newly-built and EU-funded centres on the Aegean islands, while ensuring that foreign nationals are treated both with dignity and humanity (see the executive summary of the report in English or in Greek).

The main objective of the November 2023 visit to Greece was to examine the treatment of foreign nationals deprived of their liberty under immigration legislation in pre-removal detention centres, in police and border guard stations and in the newly built Closed Controlled Access Centres on the Aegean Islands of Lesvos, Kos and Samos.

During the visit, the CPT again received several credible and consistent allegations of deliberate physical ill-treatment of detained foreign nationals by police officers in certain police stations in Athens and in the pre-removal detention centres of Amygdaleza, Corinth and Tavros (Petrou Ralli). Several persons also indicated that they were allegedly ill-treated by coast guard officials when intercepted at sea. Allegations mainly concerned blows with batons and the butt of a rifle, kicks, punches and slaps, as well as verbal abuse and racist insults. The Greek authorities must take more vigorous steps to end ill-treatment of foreign nationals deprived of their liberty.

Further, foreign nationals continue to be held in poor conditions of detention. This is the case for several police stations which are inappropriate for stays exceeding 24 hours. In particular, Greek authorities should take Drapetsona Police Station out of service and end the detention of children at Athens Airport Special holding facility. The conditions in parts of these two facilities could be considered as amounting to inhuman and degrading treatment. The living conditions and treatment of foreign nationals held in pre-removal detention centres should be reviewed. For example, at the centre in Corinth, persons were being held in a state of forced idleness for periods of up to 18 months, in very poor material conditions, with the accommodation areas being poorly maintained, lacking hygiene and being infested with cockroaches and bed bugs. As a result of the catastrophic healthcare situation at this centre, an open tuberculosis infection had started spreading among large parts of the detained population.

The CPT is also critical of the new EU-funded Closed Controlled Access Centres on the Aegean Islands. At the time of the visit, these centres did not meet the basic reception and protection needs of applicants for international protection. A great number of persons remained there deprived of their liberty way beyond the time limits provided by law and without benefiting from the legal safeguards related to detention, including access to a lawyer and interpreters. The living conditions for many of the persons met by the CPT could only be described as inhuman and degrading, especially at the centres of Kos and Samos. For instance, in some accommodation areas, up to eight persons were accommodated in 10 m2 rooms many of whom had to sleep on the floor without even a mattress. Several containers or tent-accommodation were unfit for human habitation, with no functioning sanitary facilities, no electricity and no heating. Many foreign nationals did not even have winter clothing and shoes. All persons detained in a Closed Controlled Access Centre must be offered decent living conditions.

Further, the CPT considers that the excessive security and unnecessary barbed wire fencing make these centres unsuitable for accommodating children and persons in a situation of vulnerability. Large numbers of persons with special needs and vulnerabilities were being held without a proper assessment or medical screening upon arrival. The CPT delegation even received a few allegations from these persons that they were subjected to sexual violence or harassment by other foreign nationals. Steps should be taken to swiftly identify persons in a situation of vulnerability and improve access to healthcare and the quality of care. This will require significantly reinforcing the understaffed healthcare teams and preventing violence amongst persons accommodated in the Closed Controlled Access Centres. The Greek authorities should also end the detention of unaccompanied and separated children in these centres.

The CPT again received many consistent and credible allegations of informal, often violent, forcible removals of foreign nationals across the Evros river or at sea to Türkiye (pushbacks). This occurred without consideration of their individual circumstances, vulnerabilities or protection needs as well as the risk of ill-treatment when pushed back. The complaints received, some as recently as early November 2023, related to alleged pushback operations of foreign nationals, including unaccompanied and separated children. The report describes in detail two patterns that emerged relating to alleged pushbacks at land and at sea. For the Committee, there is sufficient information to conclude that violent pushbacks to Türkiye continue to take place. The focus must now be on ending violent, dangerous and illegal pushback operations across the land border and at sea. The Greek authorities must also carry out effective investigations into all complaints of such allegations.

In their response, the Greek authorities underline that the conditions of detention of foreign nationals in the country’s police stations and pre-removal detention centres are in line with international standards and that large-scale renovation works are being planned in three detention centres. They also provide information on the steps being taken to improve the conditions of detention for detained migrants in the Closed Controlled Access Centres and to increase capacity for registration and healthcare staffing levels. According to the Hellenic Police and the Hellenic Coast Guard, all officers are acting in full compliance with their international obligations, in particular the principle of non-refoulement and the protection of human life and dignity. (source: coe.int/ photo:freepik.com)

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George Kazoleas, Lawyer

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