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)