International presence Upon the Ombudsman assuming its new duties and competences, a representative of the UN Subcommittee on the Prevention of Torture (SPT) contacted the Ombudsman in writing expressing the willingness of the Subcommittee to set up a framework of continuous dialogue and possible cooperation. The Subcommittee also stated that it is ready to provide advice, experience and specialization about the main challenges faced by the National Preventive Mechanisms, underlying that it looks forward to a fertile cooperation and exchange of experiences and ideas with the Ombudsman. A team of the Ombudsman, in the framework of its visit to Belgrade, met with the Deputy Ombudsman of Serbia, under his competence as the National Preventive Mechanism of the Republic of Serbia, also member of the UN Subcommittee on the Prevention of Torture. In the framework of this visit, there was an exchange of views on matters related to setting up mechanisms, good operation and good practices. In the end, both parties expressed the availability of both counterpart institutions for closer cooperation in the relevant field. In this framework, an expert of the Ombudsman participated in a two-day event (Belgrade, 27-28.11.2014), held by the National Preventive Mechanism of Serbia in cooperation with the Organization for Security and Cooperation in Europe (OSCE). The event, included a first meeting of the regional network of National Preventive Mechanisms of SE Europe (in which the Ombudsman participated as an observer) and a conference on the “Prevention of Torture and other Ill-Treatment and Fighting Non-Punishment”, with the participation, inter alia, of representatives of the UN Subcommittee on Prevention of Torture (SPT) and the Association for the Prevention of Torture (APT). The Ombudsman participates in the European Network of National Preventive Mechanisms, in the framework of which, there is an exchange of information on a regular basis between the participating NPMs of the member states of the Council of Europe. The objective of the network is to constantly keep its members up to date, regarding all recent developments concerning the activities of the NPMs, relative legislative initiatives and applicable, good practices. Monitoring of detention places The Ombudsman, in the framework of its long experience, has extensively been involved in the protection of rights of the persons deprived of their liberty, constantly highlighting arising problems and submitting respective proposals (see indicatively Annual Report 1999, p. 78 forward and Annual Report 2013, p. 68 forward). In this context, the Ombudsman has often un- dertaken a wider action in the field, by making use of its capacity to investigate cases on its own initiative. Thus, the Ombudsman goes far beyond its traditional intermediary role, in the context of which he usually investigates cases, after the submission of a complaint, regarding detention conditions of the detainees, tracing structural problems and submitting remarks and suggestions. In this framework, the Ombudsman, according to the Constitution (article 103, par. 9), L. 3094/2003 (article 4, par. 5), Prison Code (article 52, par.7), and primarily under his mandate as National Preventive Mechanism, conducted, in 2014, a series of visits - inspection reports, which included all findings, conclusions and proposals, following prior visits – inspections to prisons of Diavata, Kos, Komotini and Corfu, with the subsequent submission of proposals for a more holistic approach of the penitentiary issue but also for taking all the necessary, immediate and medium-term improvement measures. The Ombudsman stressed out that “overpopulation” is a key matter to the hard core of fundamental rights of prisoners, and highlighted the unsuitability of building infrastructures, the insufficiency of medical/pharmaceutical care and the lack of specialized staff. Furthermore, regarding Tripolis Prison, the Ombudsman highlighted that following the conviction of the state by the ECHR on the detention conditions, the possibility of the immediate termination of its operation should be examined, if no other urgent improvement measures are taken. Finally, the Ombudsman asked the Ministry of Justice to undertake initiatives for the implementation of a contact for steady cooperation. Furthermore, the visits/inspections of police stations cells demonstrated the severe problem of the long detention of criminal prisoners in the above mentioned premises. This problem, although it was emphatically highlighted by the Ombudsman already (in 2007) and was the reason for many convictions of the state by the ECHR, not only has been solved, but on the contrary, escalated in 2014, as it is inextricably connected with the systemic problem of the overpopulation of prisons. Police cells, therefore, have in practice informally been transformed into prisons, resulting in seriously affecting the prisoners’ rights. The administrative detention of irregular immigrants, waiting for their forced return, both in detention centers as well as in police stations cells3 will be a new challenge for the National Preventive Mechanism next year. It is a crucial issue, that has repeatedly been the focus of attention of the Ombudsman and is still critical, as the detention by definition harms the individual right of personal freedom but mainly because the above mentioned situation seems to have a generalized and clearly punitive nature. 3. See Special Report 2014 on “Returns of Third-Country Nationals” p.g 3-7 (http://www.synigoros.gr/resources/epistrofes_en_2014.pdf)

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