CAT/C/GRC/CO/5-6
(b)
The Optional Protocol to the Convention on the Rights of the Child on the
sale of children, child prostitution and child pornography, in February 2008.
5.
The Committee welcomes the State party’s adoption, in 2010, of a “National Action
Plan for Migration Management” to improve the asylum procedure and conditions for the
treatment of third-country nationals irregularly entering the country, including asylumseekers; the adoption, in November 2010, of a Presidential Decree (P.D. 114/2010)
amending the previous legislation on the asylum procedure, and setting, for a transitional
period, appropriate standards and safeguards for the fair and efficient examination of
asylum-seekers; as well as the issuance, in January 2011, of a comprehensive law
(L.3907/2011) providing for the establishment of a new Asylum Service independent from
the police, to gradually take over full responsibility of asylum issues, and the establishment
of an initial Reception Service to set up Centres of Initial Reception at border locations.
6.
The Committee notes with satisfaction that a number of other legislative initiatives
have been taken by the State party with a view to complying with the Committee’s
recommendations and improving implementation of the Convention, including in the areas
of pretrial detention, fair trial, conditions of detention, trafficking, domestic violence, etc.
7.
The Committee appreciates the efforts made by the State party to modify its policies
and procedures so as to enhance human rights protection and implement the Convention,
including:
(a)
The establishment, as of June 2011, of a Record of Injuries to Detainees in
every prison as well as a Record of Body Searches in every women’s prison;
(b)
The creation of a special hotline, allowing prisoners to contact and be heard
by the central administration of prisons.
8.
The Committee also notes with satisfaction that the State party has extended a
standing invitation to visit the country to all Human Rights Council special procedure
mandate holders. Since the consideration of its last periodic report, the State party has
hosted visits from three of the Council’s rapporteurs, including the Special Rapporteur on
torture and other cruel, inhuman or degrading treatment or punishment.
C.
Principal subjects of concern and recommendations
Definition of torture
9.
The Committee notes that the State party’s criminal law punishes acts of torture
(arts. 137A and 137B) but is concerned that the current definition does not comply with the
one provided in article 1 of the Convention as it does not contain all the required elements
(art. 1).
The State party should incorporate in its criminal law a definition of torture that is in
strict conformity with and covers all the elements contained in article 1 of the
Convention. Such a definition would meet the need for clarity and predictability in
criminal law, as well as the need under the Convention to draw a distinction between
acts of torture committed by or at the instigation of or with the consent or
acquiescence of a public official and any other person acting in an official capacity,
and acts of violence committed by non-State actors.
Allegations of torture and ill-treatment, impunity
10.
The Committee expresses its serious concern at persistent allegations of torture and
ill-treatment by law enforcement officials during arrest or detention, including in the
premises of the Criminal Investigation Departments (CID). The Committee is also
concerned at the limited number of such cases that have been prosecuted, the very limited
number of final convictions, and the lack of sanctions due to mitigating circumstances etc,
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