[prisoner-rights] CAT 33rd session: Committees hears response from Greece

UNITED NATIONS
Press Release
23 November 2004

The Committee against Torture this afternoon heard the response of Greece to
questions raised by Committee Experts on the fourth periodic report of that country
on how it was implementing the provisions of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment.

The Greek delegation was responding to a series of questions raised by the ten-
member Committee on Monday, 22 November and to follow-up questions posed in the
course of today's meeting.

In response to questions raised on the case of some 500 missing children, the
delegation noted that the Greek Deputy Ombudsman had submitted a report in March
2004 which addressed this issue which came to light in December 1998. The children
in question were known as "street light children" and were reportedly exploited by
mafia "Godfathers".

With regard to unhindered access to prisons, the delegation stated that an
arrangement with prison authorities always had to be agreed upon before a visit to a
prison could take place, which was in accordance with the European Court of Human
Rights. However, official visits from international human rights organizations, such
as the Office of the United Nations High Commissioner for Refugees, could take place
without prior arrangement as per the provisions of international conventions. The
competent State organs were responsible for granting such authority, the delegation
added.

The follow-up questions posed by Committee Experts to the delegation pertained to,
among other things, the training of prison doctors in detecting signs of torture;
the conditions of detention facilities used by border guards; and access by the
Ombudsman and non-governmental organizations to prison facilities.

The Committee will submit its conclusions and recommendations on the report of
Greece towards the end of the session on 26 November.

As one of the 138 States parties the Convention against Torture, Greece is obligated
to provide the Committee with periodic reports on the measures it has undertaken to
fight torture.

When the Committee next reconvenes in public at 3 p.m. on Thursday, 25 November, it
is scheduled to discuss the follow-up procedure to its concluding observations and
recommendations on country reports.




Response to Questions

In response to a question about alleged xenophobic sentiments expressed by Greeks
against Albanians, the delegation noted that a large number of Albanians entered
Greece after the regime change in Albania in 1991. Many of these Albanian nationals
got involved in the trafficking of arms and others took to stealing. The situation
since then had radically changed, and a new law had entered into force to allow
these Albanians, as well as other nationals who fulfilled the requirements, the
opportunity to acquire residence permits in Greece. At present, there were no more
problems of criminality among Albanian nationals.

Concerning the Roma, the delegation noted that the Greek authorities respected
cultural differences and made efforts to provide for better living conditions for
the Roma, including an ongoing six-year project. On the cases referred to where
homes of Roma were allegedly demolished, the delegation said that any decision to
destroy a house was taken by Greek judicial authorities. However, in cases where any
homes were destroyed without a judicial decision, the Greek authorities took due
action against the perpetrators of such acts. In general, there was no
discrimination with regard to the demolition of houses and no xenophobia expressed
by Greek authorities against the Roma who lived in Greece.

In response to several questions raised on the case of some 500 missing children,
the delegation noted that the Greek Deputy Ombudsman had submitted a report in March
2004 which addressed this issue which came to light in December 1998. The children
in question were referred to as "street light children" because they used to clean
car windshields at traffic lights. They were exploited by mafia "Godfathers". After
learning of these cases of exploitation, the police had placed these children in
social institutions. Since they were not criminal offenders, these minors had been
put under light supervision and eventually they left these institutions and went
back to the streets where they were again taken under the wing of
these "Godfathers".

In response to a question on impunity for traffickers in Greece, the delegation
referred to newly enacted legislation which called for a penalty of at least 10
years imprisonment for cases of human trafficking involving "grave circumstances".
The law also provided that persons were punished for such crimes committed abroad.

With regard to unhindered access to prisons, the delegation stated that an
arrangement with prison authorities always had to be agreed upon before a visit to a
prison could take place, which was in accordance with the European Court of Human
Rights. However, official visits from international human rights organizations, such
as the Office of the United Nations High Commissioner for Refugees, could take place
without prior arrangements as per the provisions of international conventions. The
competent State organs were responsible for granting such authority, the delegation
added.

Concerning legal aid, the delegation referred to new legislation which established
rules allowing for the supervising prosecutor of a prison to offer legal counselling
to prisoners.

In response to a question, the delegation said any victim of human trafficking was
protected as per national legislation in terms of being provided with shelter, food,
medical and psychological care.

Concerning the training of medical personnel in prisons, the delegation said that
according to the new penitentiary law, a detainee was examined by a prison doctor
when he was first detained. If the person fell ill, the doctor could send the
detainee for additional medical treatment. The Rehabilitation Centre for Prisoners
had developed a network of fifty different medical doctors, the delegation added.

Asked for the status of the draft code of ethics, the delegation said the draft was
currently being studied by the Government in relation to a recommendation by the
Council of Europe concerning a European code on police ethics. The delegation said
the Government of Greece hoped to announce the adoption of this code by the end of
the year. The Code – the mutual respect and trust between members of the police and
the public - was recently sent to the President for his signature and a copy was
also sent to the Greek branch of UNHCR and the National Human Rights Commission,
among others, for consultation.

In cases involving acts of torture committed by a member of the police, the
delegation re-emphasized that the police officer in question could lose his/her job
for any offence which received a sentence of six months or more.

In response to a question on statistics, the delegation said there was a project
launched recently which aimed to centralize all penal records in Greece. Through
this project, the Greek authorities would hopefully be able to document all types of
punishable acts, including acts of torture committed in Greece.

In response to a question, the delegation said the Ombudsman had access to prisons,
although a pre-arrangement was needed in advance to allow for this. The supervision
of all the prisons in Greece was handled by the supervising prosecutor for each of
the prisons.

As to statements taken by methods of torture, the delegation noted that according to
the Code of Criminal Procedure, evidence extracted through torture was not taken
into consideration by the courts.

Concerning the treatment of Albanians by Greek border guards, the delegation
referred to a specific agreement entered into between Greece and Albania which
called for the transfer of Albanians to holding facilities on the Albanian side of
the border for those Albanians who had entered Greece illegally. If the Albanians
had already entered Greek territory and were apprehended by Greek authorities, the
standard procedure for illegal immigrants was applied.

With regard to reported forced evictions of Roma, the delegation noted that there
had been no unlawful forced evictions of Roma committed by the Greek authorities;
all necessary steps were taken to ensure the relocation of these people in cases
when they were evicted legally.

In response to a question about three specific cases of ill-treatment reported, a
member of the delegation stated that these cases involved resistance to expulsion
procedures.

With regards to a question on foreigners in Greek prisons, the delegation said
according to a study, about one-third of the homicides in Greece were committed by
foreigners who were now in prison. The delegation added that approximately one-tenth
of the Greek population was made up of foreigners.

Concerning a follow-up question on the overcrowding of prisons, a member of the
delegation noted that one of the new measures taken, in addition to the planned
construction of new prisons, was a decision to transfer prisoners who were in prison
for lesser offences to special agricultural prisons.

With regard to women in the police force, the delegation noted that previously the
State authorities had limited the enrolment of women candidates to enter the police
academy to fifteen percent. However, this restriction stopped two years ago and
women were now allowed to enrol without any limitations to their enrolment.

A member of the Committee said he appreciated the efforts taken by the Greek
authorities to implement the Convention; he said he understood that there were
limitations to progress. He asked the delegation to provide additional information
on the issue of the 500 missing children. Other Experts asked for supplementary
information on the training of prison doctors in detecting signs of torture; the
conditions of detention facilities used by border guards; and the access by the
Ombudsman to prison facilities.