CAT/C/GRC/CO/7
(b)
The enactment of Law 4228/2014, which provides for the designation of the
Greek Ombudsman as the national preventive mechanism under the Optional Protocol to
the Convention;
(c)
The enactment of Law 4322/2015, which includes provisions aimed at
reducing the prison population;
(d)
The enactment of Law 4554/2018, regulating the institution of guardianship
of unaccompanied and separated minors.
6.
The Committee commends the State party’s initiatives to amend its policies and
procedures in order to afford greater protection of human rights and to apply the
Convention, in particular:
(a)
The adoption of the strategic plan for the prison system for the period 2018–
2020;
(b)
The creation in 2016 of the National Mechanism for the Investigation of
Arbitrary Incidents within the Office of the Greek Ombudsman;
(c)
The establishment in 2015 of the National Council against Racism and
Intolerance, an interministerial multi-stakeholder body in which civil society organizations
participate;
(d)
The establishment in 2013 of the Office of the National Rapporteur on
Combating Trafficking in Human Beings;
(e)
The implementation, since 2010, of the National Programme for the
Prevention and Combating of Violence against Women.
7.
The Committee values the significant efforts made by the State party to respond to
the exceptionally large influx of asylum seekers, persons in need of international protection
and migrants arriving in its territory.
8.
The Committee appreciates the State party’s standing invitation to the special
procedures of the Human Rights Council, which has allowed independent experts to carry
out visits to the country during the reporting period.
C.
Principal subjects of concern and recommendations
Pending follow-up issues from the previous reporting cycle
9.
In its previous concluding observations (CAT/C/GRC/CO/5-6, para. 32), the
Committee requested the State party to provide follow-up information on the steps it had
taken to implement the Committee’s recommendations relating to allegations of torture and
ill-treatment (para. 10); prompt, impartial and effective investigations (para. 13); conditions
of detention (para. 14); and the administrative detention of asylum seekers and migrants
(para. 20). The Committee appreciates the State party’s replies in this regard
(CAT/C/GRC/CO/5-6/Add.1), received on 5 June 2013 under the follow-up procedure. In
the light of the information provided, the Committee finds that the recommendations in
paragraphs 13 and 20 of its previous concluding observations have not been implemented
(see paras. 28–29 and 20–21, respectively, of the present document) and that the
recommendations contained in paragraphs 10 and 14 of the previous concluding
observations have been partially implemented (see paras. 26–27 and 36–37, respectively, of
the present document).
Definition and criminalization of torture
10.
While noting the entry into force of the new Penal Code on 1 July 2019, the
Committee considers that the definition of the crime of torture set forth in article 137A
remains incomplete, to the extent that it does not mention acts based on discrimination of
any kind, as outlined in article 1 of the Convention. In addition, there is no specific mention
of acts of torture committed by a third person at the instigation of or with the consent or
acquiescence of a public official or other person acting in an official capacity. Despite the
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