Country

Greece

Detention issue

Juvenile prisoners

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Penal Code (Ποινικός Κώδικας)Juveniles in Greece are detained in special facilities, which must be separated from the general detention facilities where adult prisoners stay. Minors over the age of 15 are detained in special juvenile detention facilities only in cases where they have committed a crime which, if committed by a criminally responsible adult, would be a felony capable of incurring a life in prison sentence (such as premeditated murder, certain terrorist acts et al.) or if they are found guilty of rape and the victim was a minor under the age of 15.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2015The NPM in his special report of 2015 iterated its firm positions and proposals to restrict the detention of minors, in combination with taking legislative steps for a more mild penal treatment of minors for specific crimes, and also to establish structures with a welfare/educational character and the possibility of a differentiated treatment of minors depending on their personality and progress (especially with the promotion of the regulations for the Juvenile Care Facilities and the practical support of the role of juveniles' monitors). Finally, in the cases of drug addicted juveniles that commit crimes related to the use and trafficking of substances, the NPM has expressed the view that there should be provision for their placement in therapeutic facilities. Report details
2018At the Kassaveteia Juvenile Detention Facility, despite constant repairs and reconstruction, the cells of the working prisoners remain totally inadequate, especially during the summer months. In the Special Juvenile Detention Facility of Volos there are dismantled electrical installations, leakage of plumbing installations, odours and inadequate ventilation, while the Administration blames the inmates for some of the damage. At the Special Rural Juvenile Detention Centre in Kassaveteia, it is reported that young inmates cannot meet with their spouses and children in open visits because, due to a lack of appropriate mechanical equipment for checking visitors, such visits are approved sparingly and mainly for persons who have been in the prison for a significant amount of time so that their personalities can be assessed. In the Corinth Detention Facility (juveniles), in the absence of a special room, open visits are held in a place near the reception booth, which may be inspected by a guard and the receptionist, without obstructing visual contact at all, and after visits, in order to prevent contraband from being brought into the prison, prisoners undergo a strip search, which is not carried out on the basis of indications or information in a given case, but in all cases and after all open visits (relatives, advocates). These searches are carried out in a specially designed room with a medical examination bed, and involve the removal of clothing and undergarments, especially after the end of visits and upon the return of minors from excursions. In 2018 the Ombudsman received and investigated a report of strip searches of detainees after visits from relatives and is awaiting a response from the competent Ministry in order to determine whether there is a need for such searches – in order to avoid forms of searches that may compromise the dignity of prisoners and visitors – and to amend the current legislation on body searches in the direction of recording and proving, using nationally practised instruments, the specific reasons why such searches are carried out by staff. The Special Juvenile Detention Facility of Volos lack entertainment and training programmes or workshops and are limited to gymnastics and sports activities, improvised or organised in cooperation with local operators… Volos Special Juvenile Detention Facility: In this prison we observed signs of neglect and deterioration as well as a general negative environment, which are confirmed by the frequent self-injuries of the detainees as well as by their (usually rejected) requests to move to other facilities. Another matter of concern is the fact that, during our visit, the prison’s population consisted almost exclusively of foreigners (with the exceptional case of two Roma), reminiscent of a ghetto situation. It is also estimated that the Administration directly handles matters that should fall within the competence of the social service. The NPM's proposals are based on a more practical orientation, in the light of its findings. In particular, we recommend the establishment of a more stable and closer connection with the local Hospital to meet the needs of the detainees promptly and adequately, as well as with a mental health institution or service, in order to properly evaluate and systematically support detainees' mental health and to avoid fragmentary treatment limited to provision of medication, long waits and self-injuries. Closer cooperation with the local Bar Association or Non-Governmental Organisations with related activity is also proposed, with the aim of ensuring the regular provision of legal notification and counselling, as well as investigation, in cooperation with the public prosecutor, of the temporary release system, safeguarding of visits in terms of persons entitled to visits by law, and the frequency of injuries and self-injuries. It would also be useful to promote actions such as the creation of friendly and stimulating public spaces, enhancement and systematisation of leisure activities, enrichment of prison libraries with books suitable for young inmates and in languages understandable by them, while also guaranteeing access to the library. Finally, we propose the introduction of training programmes that would improve the daily life of detainees and facilitate their reintegration after release, as well as their involvement in building maintenance and improvement of the premises, with their views and proposals regarding potential improvements to facilities taken into consideration. Special Rural Detention Facility for Juveniles in Kassaveteia Volos: In the Male Juvenile Prisoners’ wing the main problem for the detainees is the lack of possibility to meet with their spouses and children in an open visit. This option is provided only after a period of "probation" and, according to the detention staff, it is not possible to provide this facility from the very start of the detention due to lack of proper mechanical equipment for guest inspection. In this particular case, however, account must be taken of the detainees' young age and the right to communicate with their relatives. Report details
2019Kassaveteia special rural detention facility for young offenders: The facility operates as a rural prison for adults and as a closed prison for young offenders from 18 to 21 years old. The closed sections were recently reconstructed. The old and time-worn houses for working inmates also needed reconstruction, as their roofs were made from asbestos and they were cold during the winter and hot during the summer. The building for young offenders also needed repairs. Although the infrastructure problems in working inmates' houses have been noted in past there was not even the slightest improvement. Cleaning services were insufficient due to the detainees' unwillingness to take up the relevant posts. The oil-heating devices performed poorly and requests from the administration regarding the facility's connection with a nearby natural gas fuelling station and for the installation of an archway metal detector were pending. Young offenders were able to attend a primary prison school. A physician was visiting the facility twice a week. Psychiatric emergencies were transferred to Volos Hospital and a team from the mental health centre was visiting the facility every 15 days and held sessions with detainees. A therapy program for dependent individuals (KETHEA) was also available. Τhe facility had three social workers who were transferred every six months in Domokos detention facility, this rotation undoubtedly disrupted the function of the social service. Over the years, detainees had been complaining that they were forced to remain inside their cells after the prison had shut down for the night (half an hour before sunset and until the following morning) for security reasons. Corinth detention facility: During the time of the inspection, 18 minors were held in the facility, between 16 and 17 years old. More than half of the population were third-country nationals and the Greeks were in their large majority Roma. Most of them were convicts. Part of the third-country minors came from refugee camps and had participated in riots. Furthermore, 13 minors were held in a separate wing that communicated with the other wings. The minors took up cleaning services, they ran the cafeteria and prepared meals. The minors were allocated in cells for 2 to 3 people. The dimensions of the cells seemed smaller than the 35m standards set by the correctional code. The space was adequately equipped and its maintenance was tolerable. The toilets were separated with a door from the rest of the cell. The two confinement areas were smaller and lacked windows and natural light. The two classrooms seemed neglected and abandoned despite being properly equipped. The common rooms were in tolerable shape. However, there was no child-friendly space for meetings, common activities and leisure, especially for minors. The same applied for the yard area. Certain minors, especially those who had recently entered the country, were in summer clothes and flip flops (the inspection took place in December) and the children were obviously cold. The social service argued that their needs in clothes and shoes were always met but it was the minors who rejected the clothes or traded them with cigarettes and other commodities. The minors, on their part, persisted that the items that were delivered to them, were not sufficient, and that their requests for clothes were not met. The infirmary was housed in the same office with the social services and the facility's psychologist. As a result all professionals had difficulties in their work, namely dealing with privacy issues and meeting the detainees' requests. Notwithstanding these setbacks, it is noteworthy that there were psychological support services available as opposed to the past. We observed increased demand for mental health medicaments from minors. Teenage detainees reported difficulty to sleep, intense anxiety and fear, need for psychiatric monitoring and tendencies of self-harm. This is particularly troubling considering the lack of purposeful activities, including employment, athletic and leisure activities. Another serious problem was the lack of psychosocial support and interpretation. Primary school students were allocated in five groups depending on their Greek language level. Due to the lack of educators each group of students had lessons once a week. As a result students spent four mornings per week out of school doing nothing. Lessons in high-school differed significantly from those offered in the Ministry curriculum, if they were even followed. There was no option to follow any vocational training programs, certified courses or seminars. A gym instructor was available once a week. Minors could exercise freely during out-of-cell time but weight-lifting was prohibited for security reasons. The gym equipment room remained shut as it could not be used without a gym instructor's supervision for security reasons. The NPM team found that the lack of purposeful activities had physical, mental and emotional repercussions on minors but it also fuelled tensions between inmates and tensions between inmates and guards. On the other hand, the NPM had reported the positive effects of previous practices which had given minors the chance to participate in community activities and attend art or sport events, allowing thus cooperation with schools in combination with in-prison activities. Inmate communication with their families was a serious problem, especially for third-country minors, as telephone cards were not sufficient and only one out of three telephone devices functioned. Many detainees found the Skype option of little use as their families lacked not only internet access but also the necessary certificates in order to allow that type of communication (namely family status certificates from the country of origin). Legal counselling regarding their rights was also evidently absent. During the inspection, the NPM team observed that staff-prisoner relationships and inmate relationships were extremely tense. This was evident in the interviews with the staff, the prison director and the detainees but was also depicted in the recent disciplinary records. Some detainees said certain guards were responsible for incidents of physical violence, threats, indecent expressions, hate speech and retaliation. This explained the re-opening of the solitary confinement area that went against the directive of the competent Ministry and the good practice of the administration until recently Report details