The European Court of Human Rights (ECtHR) until the end of 2023 has condemned Greece 139 times for detention conditions in prisons and police detention centers. This fact led the Supreme Court to send a circular to all the country’s prosecutors reminding them of the letter and spirit of the human rights laws. He also points out that these cases are internationalized and the Greek Justice “must come out of each test unscathed and unscathed”.
In fact, only for the year 2023, Greece was forced to pay compensations amounting to 2,866,520 euros.
The Deputy Prosecutor of the Supreme Court, who signs the circular, points out that “the ECtHR has issued until the end of 2023 against our country 139 convictions for violation of art. 3 of the ECHR due to poor conditions of detention and in addition the respective Greek Government has made a total of 567 friendly settlements according to art. 39 of the ECHR and additionally in 83 unilateral declarations”.
Also, “for the year 2023, our country held the fifth place among the 46 member states of the Council of Europe with the largest number of pending priority cases mainly in relation to conditions of detention, while for the period 2018 – 2023 the relevant payments by in Greece compensations amounted to approximately 3,600,000 euros and only for the year 2023 2,866,520 euros were paid”.
Rights of prisoners
“After the person is placed in a detention regime, he passes into a special relationship of authority from the state, which takes care of and ensures the enjoyment of every right granted, of course also those that outside society are in the full and exclusive scope of self-determination, e.g. diet, hygiene rules, etc. Thus, the poor conditions of detention have the effect of affecting the constitutional goods of the prisoners, first and foremost their health, physical and/or mental”, the circular notes.
For 19 of the country’s 34 penitentiaries, 197 individual and group appeals have been filed and 102 resolutions have been issued (up to 4-24-15), of which 98 are negative and only four have accepted the appeals.
The “instruction” to prosecutors is “when they are clearly based on Greek legislation and ECtHR jurisprudence, but based on purely judicial criteria, it is independent, impartial and unaffected by any “solidarity” towards the actually “sister” prison authorities, while the minimum approachability to prisoners, which is by definition the weak (“vulnerable” according to ECtHR jurisprudence) side, clearly does no harm”.
He emphasizes that human rights are not an “internal matter” of the country, but that “the “case” does not end with the issuance of the non-appealable first degree rejection decision/decision, but rather is internationalized by being “exported” abroad and even before of the ECtHR, which directly “converses” with the respective defendant Greek Government, but in the cases in question – indirectly, but mainly – with the Greek Justice, which must emerge from each test unscathed and unscathed”.
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