Category: Justice

Source: United Nations – Geneva

The Human Rights Committee today concluded its consideration of the third periodic report of Greece on how it implements the provisions of the International Covenant on Civil and Political Rights.  Committee Experts commended Greece for the measures taken for unaccompanied minors, while raising questions on domestic violence, and allegations of pushbacks at the border. 

One Committee Expert said the Committee welcomed measures taken by the State party, including the establishment of the Special Secretariat for the Protection of Unaccompanied Minors, the Emergency Response Mechanism, and law 4960/2022 on the establishment of a National Guardianship System for unaccompanied minors.  The Committee also appreciated the national protection strategy (2021–2025) and the mechanism for unaccompanied children living in precarious conditions. 

Another Expert asked how the State party addressed the root causes of gender-based violence? Was there a comprehensive strategy to prevent, raise awareness on, and respond to gender-based violence?  Was there mandatory and continuous capacity building for judges, prosecutors, and other law enforcement officials about gender-based violence? 

A Committee Expert said numerous reports documented instances of pushbacks by the Hellenic police and Hellenic coast guards, including patterns of excessive use of force, cruel, inhuman and degrading treatment, incommunicado detention, and unlawful destruction of personal belongings.  How would Greece ensure thorough, systematic, effective, and independent investigations into allegations of pushbacks and hold those responsible accountable?  Reports before the Committee indicated that from January 2020 to June 2024, there were 1,452 incidents at the borders affecting approximately 46,649 people. What measures were being taken to ensure that border control operations prioritised the protection of life and that rescue efforts were conducted in compliance with human rights?

The delegation said violence against women had increased significantly during the pandemic. In April 2020, there was a significant increase of more than 200 per cent regarding phone calls to the hotline for reporting violence.  Psychosocial support was provided upon request, including both online and in-person. An awareness raising campaign was launched in 2024 and was displayed in the Athens urban rail network.  A panic button application was launched, enabling women in immediate danger to call for help in a safe manner by pressing a button on their phone which was linked to the police. 

The delegation said pushbacks were not the policy of the Greek Government in any way, shape, or form; the Government policy was clear.  Actions taken by Hellenic authorities at the sea borders were carried out in full compliance with international obligations.  Allegations on so-called pushbacks were not compatible with the well-established operations of the Hellenic authorities.  However, any allegations of pushbacks or mistreatment of third country nationals were thoroughly investigated.  From 2015 to the present, the Hellenic coast guards had rescued more than 254,000 people.  Several mechanisms allowed complaints against pushbacks to be submitted to the Hellenic authorities, and the coast guards had a robust disciplinary mechanism.

Introducing the report, Katerina Patsogianni, Secretary General for Equality and Human Rights, Ministry of Social Cohesion and Family of Greece and head of the delegation, said in recent years, Greece had confronted the combined effects of the economic crisis, the migration crisis, and the COVID-19 pandemic.  The country was now on a path to long-term progress and sustainability, benefiting its human rights framework.  Greece had developed one of Europe’s most efficient asylum services and continued to improve its capacities and infrastructure.  The fight against human trafficking was a top priority for authorities, who worked closely with non-governmental organizations in a strategic alliance. 

In concluding remarks, Ioannis Ghikas, Permanent Representative of Greece to the United Nations Office at Geneva, thanked the Committee for the frank and honest exchange.  Greece had worked hard to improve the situation, particularly on migration; the number of deaths in the Aegean Sea had fallen by 40 per cent. Greece had a vibrant society with few resources but was working to do better. 

Tania María Abdo Rocholl, Committee Chairperson, thanked the delegation for the dialogue, which had covered a wide range of subjects under the Covenant.   The Committee aimed to ensure the highest level of implementation of the Covenant in Greece. 

The delegation of Greece was made up of representatives of the Ministry of Foreign Affairs; the Ministry of Social Cohesion and Family; the Ministry of Justice; the Ministry of Citizen Protection; the Ministry of Maritime Affairs and Insular Policy; the Ministry of Migration and Asylum; the Ministry of National Defence; the Ministry of Interior; the Ministry of Education, Religious Affairs and Sports; the Ministry of Health; the Presidency of the Government; and the Permanent Mission of Greece to the United Nations Office at Geneva.

The Human Rights Committee’s one hundred and forty-second session is being held from 14 October to 7 November 2024.  All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage.  Meeting summary releases can be found here.  The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.

The Committee will next meet in public at 3 p.m. on Tuesday, 22 October, to begin its consideration of the sixth periodic report of France (CCPR/C/FRA/6).

Report

The Committee has before it the third periodic report of Greece (CCPR/C/GRC/3).

Presentation of Report

IOANNIS GHIKAS, Permanent Representative of Greece to the United Nations Office at Geneva, said since the last review, Greece had made significant progress in key areas, including the protection of vulnerable groups, ensuring gender equality, and promoting human rights safeguards.  Despite unprecedented challenges, Greece had remained committed to protecting and promoting human rights and looked forward to the Committee’s recommendations. 

KATERINA PATSOGIANNI, Secretary General for Equality and Human Rights, Ministry of Social Cohesion and Family of Greece and head of the delegation, said in recent years, Greece had confronted the combined effects of the economic crisis, the migration crisis, and the COVID-19 pandemic.  The country was now on a path to long-term progress and sustainability, benefiting its human rights framework.  Faced with the COVID-19 pandemic, Greece implemented restrictive measures to curb the spread of the disease, which were proportionate, non-discriminatory, and scientifically evaluated.  At the same time, the authorities enacted policies to protect public health and mitigate the social and economic effects of the pandemic. The National Vaccination Programme ran smoothly and efficiently, targeting specific and vulnerable groups. Following recommendations to improve policy coordination, Greece launched national human rights action plans with input from independent bodies and civil society. 

Significant progress had been made on gender equality, including ratifying the Council of Europe Convention on Violence against Women and the International Labour Organization Convention on Sexual Harassment in the Workplace.  The Labour Inspection Body was now an independent authority, and the Greek Ombudsperson’s role in equal treatment had been strengthened. In 2019, Greece introduced a comprehensive legal framework to promote gender equality.  The new national action plan 2026-2030 would guide future policies with civil society input. 

This year marked a significant milestone for the rights of lesbian, gay, bisexual, transgender and intersex persons, with the enactment of marriage equality for all, without gender discrimination.  On the rights of the child, key policy actions were focused on strengthening foster care and adoption, preventing child abuse, and setting rules for child protection units and childcare centres. 

Greece was actively implementing the Roma National Strategy 2021–2030, guided by the principle “for the Roma, with the Roma.”  Key committees, including the Roma Forum, were fully operational. All available European Union funding was being used to enhance Roma’s employment, education, healthcare, and housing participation.  Harsher penalties now applied to crimes with racist characteristics. The National Council against Racism and Intolerance, an inter-ministerial body with the participation of independent bodies, adopted the first national action plan in December 2020. 

For persons with disabilities, Greece established a National Accessibility Authority and was developing a national strategy for 2024-2030.  Key policies included deinstitutionalisation and a personal assistant programme for independent living.  A 2023 law improved access to justice for persons with disabilities and removed derogatory language from the legislation.  Additionally, the Ministry of Health had enacted legislation for psychiatric reform, shifting from institutional to community-based care.

Greece had developed one of Europe’s most efficient asylum services and continued to improve its capacities and infrastructure.  Since 2021, the National Emergency Response Mechanism had supported thousands of unaccompanied minors in precarious conditions.  This year, Greece launched the new national guardianship system to serve vulnerable asylum applicants better at the first reception stage. In 2023, the General Secretariat of Vulnerable People and Institutional Protection was established in the Ministry of Migration and Asylum to address challenges faced by vulnerable refugees and migrants. 

Greek law enforcement authorities fulfilled their border protection responsibilities in compliance with domestic, European and international law.  Allegations regarding violations of the principle of non-refoulement at land or sea borders did not correspond to the operational activities of law enforcement agencies.  Greece applied a firm policy for the effective monitoring of fundamental rights and the assessment of complaints of ill treatment at the border, comprised of internal disciplinary procedures; prosecutorial supervision under criminal law; and independent monitoring by the Greek Ombudsman and the National Transparency Authority.  In addition, a Special Committee for Compliance with Fundamental Rights and the position of the Fundamental Rights Officer were established in the Ministry of Migration and Asylum in 2022. 

The fight against human trafficking was a top priority for authorities, who worked closely with non-governmental organizations in a strategic alliance.  In 2019, the National Referral Mechanism for trafficking victims was launched, which trained staff on standard operating procedures for victim protection, including in reception and identification centres.  A key development in the field of justice was the recent reform of the judicial map for civil and criminal courts, which aimed to reorganise courts geographically, streamline procedures, and speed up case resolution.  Greece had also undertaken several key initiatives to further develop a resilient and pluralistic media ecosystem, focusing on protecting, ensuring safety, and empowering journalists.  Ms. Patsogianni expressed gratitude for being able to engage in a constructive and frank dialogue with the Committee.

Questions by Committee Experts

A Committee Expert said the Committee noted that awareness raising on the Covenant was part of training activities for judges, lawyers and law enforcement officials. What were the channels used by the State party, the number of beneficiaries of these training courses, and the number of cases in which the provisions of the Covenant were invoked by the national courts?  What measures were taken by Greece to ensure the full implementation of the Committee’s views, including by providing victims with an effective remedy for the violation of their rights in several cases in the courts? 

According to the information received, the measures taken by the State party during the COVID-19 pandemic had particularly wider implications for the human rights of asylum seekers, refugees and migrants, who were subject to mandatory quarantine, late vaccinations, lack of access to vaccination for certain groups, and policing people’s movements.  To what extent and how long were asylum procedures suspended due to restrictions imposed as a result of the COVID-19 pandemic?  Could figures be provided on the number criminal investigations opened, and prosecutions and convictions of the perpetrators of domestic violence and femicide committed during the prolonged COVID-19 quarantine?  What measures had been taken by the State party to ensure effective reparation for the damage suffered by the victims?

The Committee welcomed the decision taken by the Court of Appeal of Athens in a landmark judgment handed down on 7 October 2020 against the neo-Nazi party “Golden Dawn”, which was described as a criminal organization.  The report also provided figures on the number of alleged racist incidents.  However, information received indicated that there was not enough prosecution to punish the perpetrators of the wrongdoings.  What measures were being taken to encourage victims of discrimination to report the situation to authorities?  How was it ensured that victims of hate crimes had access to support services? 

Another Expert said the Committee appreciated the adoption of several laws, including amendments to the whistleblower protection law, increasing the fines for foreign bribery offenses, as well as the creation of new anti-corruption institutions, including the National Transparency Authority in 2019.  However, the Committee was concerned about the limited practical impact of these reforms.  Could statistics on corruption efforts be provided, including the number of investigations, prosecutions and convictions in corruption cases?  How did the State party ensure thorough and impartial investigations into all allegations of corruption, regardless of the officials or institutions involved?  Could more information on technical initiatives be provided?  How were whistleblower protection mechanisms being implemented? 

The Committee remained concerned about the use of excessive force during pushbacks of migrants and asylum seekers, including instances of pointing guns, hitting with batons, slapping, and pushing asylum seekers.  Could the State party comment on these reports?  Could the State party also comment on allegations that no investigations had been conducted into police violence against Roma communities nearly five years after the incidents?

The Committee commended Greece for adopting the 10-year national action plan for mental health in 2023, and for adopting law 5129/2024 for the completion of the psychiatric reform.  What steps were being taken to reduce overcrowding and improve the overall quality and supervision of psychiatric care?  How was the State party working to improve the capacity of the Committee for the Protection of the Rights of People with Psychosocial Disability and the Health Quality Assurance Body?

While the Committee commended Greece for making the reduction of involuntary hospitalisations a priority, how did the State party ensure that patients being evaluated for involuntary commitment were provided with appropriate legal safeguards.  How was the State party working to reduce the total number of involuntary commitments to psychiatric care?  The Committee was concerned by the use of physical and chemical restraints in psychiatric care; what was being done to ensure that the use of restraints was properly regulated and minimised. 

One Committee Expert said the Committee welcomed measures taken by the State party, including the establishment of the Special Secretariat for the Protection of Unaccompanied Minors, the Emergency Response Mechanism, and law 4960/2022 on the establishment of a National Guardianship System for unaccompanied minors.  The Committee also appreciated the national protection strategy (2021–2025) and the mechanism for unaccompanied children living in precarious conditions.  It was hoped these measures were robust and effective. 

However, the Committee had been informed that unaccompanied minors were still sometimes detained in police stations and subjected to heavy restrictions of movement. How did the State party ensure that short-term detention and restrictions did not amount to a disproportionate limitation of the rights to liberty, security, and freedom of movement of unaccompanied minors?  The Committee was aware of the National Guardianship System for unaccompanied minors and of the Hippocrates project on medical and psychosocial services.  How would the State party ensure that the system and project had sufficient resources to be effective, that available guardians were appointed, and that services would be provided in practice? How did Greece ensure that the age determination procedure was multidisciplinary, scientifically based, harmonised across the country, and used only in cases of serious doubts about the claimed age?

The Committee understood that law 4800/2021 allowed perpetrators of domestic violence or sexual offences to retain child custody and unrestricted contact with their children until they were convicted by a first instance court.  What measures had Greece taken to protect the safety of women and children who were forced into contact with alleged abusers under shared custody arrangements?  It was understood that in cases of imminent danger to a child’s mental or physical health, a prosecutor could take immediate protection measures for up to 90 days and renewable.  How often was this measure taken?  How well-known was this option to prosecutors and lawyers, as well as to women and children involved?  Why did Greece decide not to include femicide as a crime within the law?  What other measures had it taken to protect women against femicide?  What measures had been taken to increase the availability of shelters across the country?

Could the State party inform the Committee on how it addressed the root causes of gender-based violence?  Was there a comprehensive strategy to prevent, raise awareness on, and respond to gender-based violence?  Was there mandatory and continuous capacity building for judges, prosecutors, and other law enforcement officials about gender-based violence?  The Committee had received information that Greek coast guards were involved in incidents where women, including pregnant women, were beaten and sexually assaulted.  What concrete measures had the State party taken to protect women from assaults and to prosecute and punish perpetrators?

Another Expert welcomed information from the State party regarding measures taken to improve conditions in reception and detention centres.  However, reports indicated that migrants and asylum seekers continued to be held in poor and prison-like conditions of detention, and that their living conditions may be considered as amounting to inhuman and degrading treatment. What measures did Greece plan to take to address inadequate conditions of detention in reception and detention centres?  Did the State party have any policies in place to ensure adequate resources were available for migrants and asylum seekers at times of increased arrivals? What steps would Greece take to prevent the detention of third country nationals and asylum seekers and ensure that measures of detention were only used as a last resort? 

Would Greece consider abolishing the administrative detention of asylum seekers on the grounds of illegal entry, particularly those belonging to vulnerable groups?  Would Greece consider putting in place a proper procedure for individualised risk assessment before imposing a detention order for an asylum seeker or a third party national?  What steps would be taken to ensure that all persons deprived of their liberty enjoyed fundamental legal safeguards against ill treatment from the outset of their detention, including the rights to be assisted by a lawyer without delay?  How was it ensured that all foreign nationals deprived of their liberty were granted access to a lawyer and doctor? 

Another Expert asked what steps were being taken to develop a comprehensive statistical system on trafficking and improve early identification and referral systems? Could disaggregated data be provided on the number of trafficking cases investigated, convictions secured, and sentences imposed?  What steps was the State party taking to adopt a new national action plan and ensure sufficient resources for its implementation?  The situation on support and redress for victims was concerning, as there was a lack of adequately funded and inclusive shelters for trafficking victims and no victims had successfully obtained compensation.  What measures were being taken to increase the capacity of shelters and ensure that they were accessible to all victims?  How did Greece ensure the quality of services provided in shelters, and what long-term reintegration programmes were available?  What steps were being taken to facilitate access to compensation for victims, ensuring they received legal assistance? 

It was reported that in 2023, of the 10,973 asylum appeals submitted to the Appeals Committees, only 5,915 cases, around 53 per cent, received legal aid.

What steps were being taken to streamline the legal aid application process and court fee waivers for vulnerable populations?  What measures were being considered to increase the capacity and resources of the legal aid system to ensure timely and effective representation?  How was the State party addressing delays in providing legal aid, especially during critical stages such as police investigations and initial detention?  How did Greece plan to resolve ongoing delays in compensating legal aid lawyers? 

Responses by the Delegation

The delegation said that once ratified, international conventions formed part of domestic law. The national school of the judiciary provided training to judges and prosecutors.  Initial training was mandatory since 2022 and covered topics including human rights, gender law, and the treatment of victims.  Thirteen seminars were held online and in-person for judges in 2023, while 15 seminars were planned for 2024.  Greece did not have specific legislation to receive Views from the Committee. 

During the COVID-19 pandemic, Greek authorities resorted to a wide array of restrictive measures to protect public health.  All these measures were necessary and applied in a non-discriminatory manner.  The Greek Ministry of Justice recently amended the Criminal Code concerning the fight against corruption with a new law in 2024.  Greece had an increased number of ongoing corruption investigations and cases and looked forward to final judgments in the immediate future. 

In 2021, Greece significantly amended the provisions relating to family law.  The law had since triggered widespread concerns regarding its impact on custody in situations of domestic violence.  The Greek legal system offered certain possibilities to suspend or regulate the parental rights of parents who had been abusive to their spouses or children. 

The National Council against Racism, through strengthened collaboration, would focus on enhancing victims’ access to services, improving the skills of public officials to draft the second national action plan against racism and intolerance, and raising public awareness through a national campaign which reached over 100,000 people. 

Violence against women had increased significantly during the pandemic.  In April 2020, there was a significant increase of more than 200 per cent regarding phone calls to the hotline for reporting violence. Psychosocial support was provided upon request, including both online and in-person.  A social media campaign had succeeded in raising awareness on the gender-based violence issue.  Since 2010, a comprehensive strategy had been implemented to combat gender-based violence, comprised of prevention measures.  An awareness raising campaign was launched in 2024 and was displayed in the Athens urban rail network.  A panic button application was launched, enabling women in immediate danger to call for help in a safe manner by pressing a button on their phone which was linked to the police. 

The National Centre for Social Solidarity operated two support centres in Athens for families that faced psychosocial crises, with an emphasis on victims of violence and trafficking.  Short-term accommodation was provided. 

One thousand and one hundred persons with disabilities had received personal assistance to enhance their independent living.  A protection officer was stationed at each institution to report any cases of abuse. The Transparent Authority was the intendent mechanism responsible for conducting inspections in institutions where there were allegations or suspicions of abuse. 

From 2019 to 2023, incidents of domestic violence had increased from 5,221 victims to 11,589. There had been 10 homicides of female victims by male perpetrators last year and six so far this year.  Five offices for the protection of minors had been established and a special hotline was operational, enabling citizens to call and make complaints. 

Foreigners in prison who did not have sufficient knowledge of the Greek language had the right to appear before courts with an interpreter.  Alternative detention measures were applied under certain conditions. Detainees were immediately informed of their rights upon arrival at the prisons.  Information, lawyer representation, and linguistic assistance were provided to any foreign prisoners.  There were plans to recruit interpreters for implementing linguistic projects.

Sixty-eight offices had been established in the country to combat violence which arose due to racist motives.  A special hotline was put into operation for reporting hate motivated crimes.  The cybercrime division had developed a series of actions aimed at informing the public on hate speech.  Police personnel were trained in the use of weapons and carried appropriate weapons when performing their duties.  The promotion of ethical standards and the code of conduct of police officers was received through training. 

For people who tried to illegally cross the maritime borders of Greece, Hellenic officers undertook all legal and necessary measures.  There were clear legal rules that governed the use of force during law enforcement and border control activities.  When Hellenic officers used firearms, it was mandatory to inform the local prosecutor.  Detailed instructions had been disseminated to coast guard officers, and it was ensured that vulnerable groups were immediately provided with appropriate medical care.  It was important to recognise the humanitarian efforts of the coast guard officers; hundreds of thousands of migrants had been rescued by the Hellenic coast guard officers throughout the migrant crisis. 

Since 2002, the Hellenic police had been dealing with the issue of human trafficking.  There were 12 human trafficking teams and officers had received specialised training in identifying victims and providing support. The fight against trafficking remained a top priority for the Greek authorities.  The establishment of the Office of a National Rapporteur on Trafficking was followed by the National Referral Mechanism.  The Office of the National Rapporteur was responsible for a national strategy to combat trafficking, and was mandated to cooperate closely with all national authorities.  The National Referral Mechanism was in its fifth year of operation; it specialised in victim protection and facilitated training sessions. 

The national crisis management plan for refugees had been activated during the COVID-19 pandemic and consisted of allocating specific areas for medical care and a temporary restriction on movement for foreign nationals.  This did not constitute a detour from the rights in the Covenant.  Regardless of their legal status, migrants and asylum seekers were offered vaccinations free of charge.  Free transport was provided to asylum seekers to reach the local markets and health centres. Restriction on freedom of movement procedures for third country nationals was temporary and was done to verify a person’s identity.  This did not apply to people who urgently required medical support. 

The work of the Special Secretariat for Unaccompanied Minors had been remarkable.  The National Guardianship System aimed to ensure that every unaccompanied minor had a guardian.  It was a new system that was implemented in January 2024.  There was a system for submitting complaints and a national registry for unaccompanied minors.  There were 137 guardians active in Greece, with more than 500 minors under the programme.  Greece was following an established procedure regarding age assessment. 

Current penitentiary legislation provided for the protection of prisoners, including the right to appeal their sentence in an appeals court.  A total of 226 appeals had been launched, of which 15 had been awarded a compensation amount, a favourable sentence, or transfer to another penitentiary.  A working group had been set up to develop a short, easy to use guide for prisoners, informing them of their rights.   

A training programme had been implemented for mental health service professionals, related to the de-escalation of violence and issues of chemical restraints, to ensure the protection of the rights of those with mental disabilities.   

Questions by Committee Experts

A Committee Expert said femicide was more than murder; it had specific gender motives and was driven by wider issues.  Could the delegation respond to this?  How were women made aware of the panic/warning application on the phone? What happened if men checked the phones? Did the police have sufficient capacity to respond?  Was it also available in rural areas? 

Another Expert asked if all detention centres had good conditions?  Previously, the alterative to detention was determined by the asylum office, but now it was done by police officers.  Were individual assessments made before detention? 

An Expert asked what concrete successes had been achieved in corruption cases, and what had been the challenges?  Could information about timely investigations into excessive use of force be provided? 

One Expert said domestic violence was a real issue facing Greece.  Could information be provided on the sentences handed down and financial types of reparations to victims during the COVID-19 pandemic? 

A Committee Expert asked for clarification on services available for trafficking victims. 

Responses by the Delegation

The delegation said more medical staff were joining the reception centres every day. Referrals were also made to local public hospitals for serious cases.  Two reception centres had been established on the mainland, which accepted many applicants from the islands and helped to decongest the islands’ reception centres.  There were centres for women victims of violence and accommodation to child victims was also guaranteed.  Access to compensation was provided by Hellenic authorities.  There had been a strong campaign for raising awareness of domestic violence, including a campaign on the nightly news.  The legal framework would not be changed. 

The delegation said that at the borders, persons were obliged to remain within the premises to be registered for a minimum of five days, up to a maximum of 25.  Usually, registration was completed before the five days and then the restriction on movement was lifted.  Work was done to promote alternative measures to imprisonment, including electronic monitoring and community services. 

The root causes of violence against women were identified as persistent gender stereotypes. The national action ban to combat violence against women addressed many areas to combat this scourge.  The panic button had specific features to ensure it remained undetectable by the abuser.  Only the victim was aware of its presence on the phone. 

In Greece, persons with low income could apply for free legal aid.  Victims of trafficking and domestic violence could receive free legal aid regardless of their income.  The new legislation of the Penal Code made sanctions for violence against women more severe, with a victim-centred approach.

Questions by Committee Experts

A Committee Expert said the Committee was concerned about the system for the appointment of the most senior judges and prosecutors, including the President and Vice-President of the Council of State, the Supreme Court, and the Court of Audit. 

Did the State party have any plans to revise the current system for appointing the highest positions of the judiciary and ensure the involvement of the judiciary in the process?  Were there any other measures in place to ensure that the highest positions of the judiciary were not subject to a strong influence from the executive and to safeguard the independence of the judiciary? 

Greece had yet to establish a statelessness determination procedure; could the State party clarify its plans to finalise and implement a Presidential Decree establishing a statelessness determination procedure?  Would the State party consider ratifying the 1961 Convention on the Reduction of Statelessness?

The Committee was concerned about reports that unregistered Roma people faced lengthy and costly judicial procedures to acquire Greek citizenship, and that children born to stateless parents faced substantial barriers to obtaining Greek nationality.  Did Greece have any plans to amend the list of documents required to apply for Greek nationality on the basis of birth and non-acquisition of a foreign nationality at birth, especially for children born to stateless parents?  What concrete steps were in place to eliminate the barriers that stateless Roma faced to acquiring Greek nationality and to address the risk of statelessness within this community? 

Concerns persisted about the application of the “safe third country” concept, particularly with the designation of Türkiye as a safe third country for asylum seekers from Syria, Afghanistan, Pakistan, Bangladesh, and Somalia.  Despite the lack of readmissions to Türkiye since March 2020, Greece continued to reject numerous applications as inadmissible under this concept, leaving many individuals in prolonged legal limbo without access to international protection.  What measures had been taken to reconsider the extensive use of the safe third country concept given the non-implementation of returns to Türkiye?  How was the State party addressing the protracted legal limbo experienced by asylum seekers, and what protections and support were available for their rights?  What had been done to 

ensure the implementation of law 4939/2022, which mandated an in-merit examination when a third country did not permit entry?  What support mechanisms were in place for those whose applications had been deemed inadmissible? 

Another Expert said the State party had asserted that pushbacks had never been practiced as a de facto border policy of the State party and that the Hellenic police and Hellenic coast guard consistently followed the established legal and procedural frameworks.  Yet numerous reports documented instances of pushbacks, including patterns of excessive use of force, cruel, inhuman and degrading treatment, incommunicado detention, and unlawful destruction of personal belongings.  Reports before the Committee indicated that from January 2020 to June 2024, there were 1,452 incidents at the borders affecting approximately 46,649 people.  Could the State party comment on such allegations and provide information on measures in place to prevent such practices and to safeguard the principle of non-refoulement? 

Could information be provided on the outcome of investigations undertaken by the National Transparency Authority and other monitoring mechanisms on pushback allegations, and whether there was any follow-up or redress measures taken on allegations of pushbacks?  How would Greece ensure thorough, systematic, effective, and independent investigations into allegations of pushbacks and hold those responsible accountable?  What was the outcome of the 200 documented complaints of pushback cases?  What measures were being taken to ensure that border control operations prioritised the protection of life and that rescue efforts were conducted in compliance with human rights?

Another Expert said according to the information received, conscientious objectors who performed civilian service would receive either food and accommodation without any salary, or €223.53, which was well below the legal minimum wage.  In addition, the law provided for the possibility for persons over the age of 33 to perform only part of their service and to buy back the rest, at a significantly higher rate than that for military service.  Could the State party comment on this information?  What measures did the State party intend to take to avoid imposing repeated sanctions on conscientious objectors?  What measures did the State party intend to take to ensure non-punitive alternative civilian service?

It was evident that Roma were considered as a vulnerable social group, and could exercise all civil and political rights.  What measures were being taken to prevent, combat and eliminate all forms of discrimination against Roma children in the education system?  What measures were being taken to limit the use of forced evictions by adopting viable alternatives to eviction, including alternative housing for evicted families?

The Committee was concerned that stricter registration and financial regulations could compromise civil society’s capacity to monitor human rights, particularly those of asylum seekers, refugees and displaced people.  How did the State party ensure that registration and financial requirements were necessary and proportionate?  How was it guaranteed that these requirements did not indirectly discriminate? 

The Committee continued to receive information that human rights defenders, especially those working with migrants, asylum seekers and refugees, and on pushbacks, were regularly subjected to smear campaigns, harassment, threats and criminal prosecution. In one case, a human rights defender faced restrictions, including a travel ban.  How were these measures considered proportionate?  How were human rights defenders protected in order to ensure that they could carry out their work safely?

The Committee had received reports linking blanket bans on assemblies to political events. Could the State party confirm that authorities limited their discretion to prohibit assemblies to those strictly necessary and not merely due to their political content?  Now that the COVID-19 emergency measures had ended, what steps had the State party taken to prevent the imposition of blanket bans on all demonstrations?

One Expert said credible reports indicated that police officers had used excessive force against, and caused serious injuries to, protestors and journalists participating in demonstrations.  What measures were being taken to ensure that police officers used the minimum force necessary in response to high-tension demonstrations?  Could updates be provided about the installation and use of surveillance systems in public demonstrations, including any efforts to establish clear criteria for identifying the persons and places subjected to surveillance, to limit the time period of data retention, and to make information about the systems publicly accessible? 

What specific reform measures had been adopted to strengthen internal oversight and accountability within the Hellenic Police, especially regarding protest management? How was it ensured that all police officers consistently complied with the requirement to wear visible identification during public assemblies?

Greece’s Ethics Committee had the authority to exclude media from state advertising and funds for up to two years, raising concerns that government control could have a chilling effect on press freedom.  How was it ensured that the Ethics Committee operated independently from government influence and respected journalistic integrity?  Would the State party revise the legal framework to protect journalists against the use of retaliatory lawsuits?  How were journalists informed about their rights and responsibilities during public demonstrations? 

Responses by the Delegation 

The delegation said the Supreme Judicial Council decided on the placements, postings and promotion of judicial officers. The principle of non-refoulment was a cornerstone of the framework for the protection of refugees. Strict adherence to this principle applied, and the Hellenic police had circulated clear guidelines for Hellenic police staff regarding the protection of those arriving in the country, particularly women and children.  It was clarified that no third country national who applied for international protection should be returned until their application had been reviewed. 

The Hellenic police conducted border surveillance duties with full respect of the human rights of third country nationals.  Particular emphasis was given in the provisions of the European Convention of Human Rights.  Land border activities conducted by the Hellenic police aimed at detecting all illegal crossings.  Greece’s legislative framework did not have a specific framework for protecting human rights defenders.  However, an article within the Penal Code set out a special aggravating condition for crimes or misdemeanours committed out of hatred. 

Actions taken by Hellenic authorities at the sea borders were carried out in full compliance with international obligations. Allegations of so-called pushbacks were not compatible with the well-established operations of the Hellenic authorities.  However, any allegations of pushbacks or mistreatment of third country nationals were thoroughly investigated.  Hellenic coast guards demonstrated a high level of professionalism and were trained to respect the rights of all who were crossing the borders.  From 2015 to the present, the Hellenic coast guards had rescued more than 254,000 people. 

Several mechanisms allowed complaints against pushbacks to be submitted to the Hellenic authorities, and the coast guards had a robust disciplinary mechanism. Upon receiving a complaint on human rights violations, an administration investigation was launched, and depending on findings, disciplinary sanctions were carried out.  An independent investigation had been launched by the Greek Ombudsman, the results of which were pending.  The law aimed to ensure people in distress at sea and migrants received the highest level of assistance. 

Greece enacted a law in 2020, followed by a presidential decree, pertaining to public assembly.  This law clearly defined the power of police authorities while ensuring protection, fully protecting the right to freedom of assembly. The Greek police had imposed assembly bans during COVID-19 based on exceptional public health concerns. Greece’s primary aim was to promote the right to assembly, not to restrict it.  In 2023, only three rallies had been banned.  The Hellenic police prioritised de-escalation and the use of “soft measures”, with force being used as a last resort.  Around 34 cases of excessive use of force had been recorded against journalists in 2021, and were sent to the Ombudsman for review. 

The use of the surveillance system in the context of public open-air assemblies was limited to the assemblies only, without focusing on particular people and without recording sound.  Police officers were obliged to wear a badge of identity on their uniforms during the assemblies. 

The Greek asylum service had significantly expanded its operational capacity, now operating in 26 different locations across the country, including islands such as Lesbos; these islands were the frontlines of migratory flows.  The number of employees had tripled after 2019 to manage the high volume of cases. By implementing reforms, the Greek asylum service managed to reduce the large number of pending asylum cases to around 18,000 in 2024, down from over 200,000.  Asylum seekers whose appeal had been rejected had the right to file for the annulment of the decision within 30 days.  During 2023, refugee and protection status had been granted to 873 applicants.  This number was around 400 so far in 2024. 

Greece had designated Türkiye as a safe third country concerning asylum seekers from certain countries.  Based on this information, it could safely be assumed that Türkiye respected the principle of non-refoulment.  Since March 2020, Türkiye had not been responding to requests from nationals from countries such as Bangladesh, Pakistan, Syria and other countries and was therefore not implementing its obligations. 

Free legal aid was provided to asylum applicants.  Appeals committees were instructed to rule that the applicants were stateless if asylum applicants could not prove which country they came from.  Acquisition of Greek citizenship did not discriminate, and children born to Greek Roma parents were awarded Greek citizenship from birth.  The Greek Citizenship Code aimed to prevent statelessness.  Stateless children enjoyed a right to Greek citizenship if they resided permanently in Greece and had between six to nine years of Greek schooling, even if they had not been born in Greece.   

Several laws referred to the requirements of registration for non-governmental organizations.  The new registration process aimed to set the same rules for all non-governmental organizations and was free of charge.  This year, 10 registrations had been accepted and only one was rejected. 

In July 2022, the revision of the school curriculum for primary and secondary education was completed, seeking to foster a more equitable educational environment.  In this framework, the teaching of religious education in Greece was viewed as an essential component.  Like other subjects, religious education was intended to foster critical thinking and respect for diverse beliefs and values.  This course would be provided with alternative educational opportunities for students who did not participate in religious education due to their beliefs or backgrounds.

Military service was a universal obligation in Greece.  Those who identified as conscientious objectors could fulfil this duty through another service, other than within the armed forces.  In the case of the person banned from leaving the country, this ban had been lifted. 

The Greek authorities had gone the extra mile regarding the adoption of a law in 2022 to strengthen the transparency of print and electronic media. The conditions which had been set out for print and electronic media enhanced the protection of journalists. Regarding the two-year penalty of exclusion from media, this only occurred following a careful examination. This two-year penalty had been approved by the federal journalistic organizations of Greece. 

More than 200 print media and 400 electronic media had been approved in Greece.  In July 2022, a taskforce was created to focus on issues including gender-based challenges in the media area.  Most recently, a training was conducted in collaboration with the United Nations Educational, Scientific and Cultural Organization for law enforcement operators and media professionals to foster better cooperation between the two groups. From this taskforce, a law was developed to protect journalists covering sports events from violence. 

A new programme was being designed to help Roma people with no documents acquire them.  There was no specific legislation on minority associations or organizations.  Over 200 associations had been formed by members of the Muslim minority. 

Questions by Committee Experts

A Committee Expert asked how often demonstrations were completely prohibited?  How were associations informed about procedural rights? 

Another Expert asked for more information regarding the income of conscientious objectors? 

An Expert said there were overwhelming reports that had documented instances of forced returns.  How was it possible to follow the principle of non-refoulment in these instances?   

Another Expert thanked the delegation for their thorough answers.  Could further clarification be provided about the State party’s plan to develop a statelessness determination procedure? 

Responses by the Delegation 

The delegation said each case of public assembly was evaluated directly, taking into account proportionality and necessity.  The police aimed to facilitate the legal rights to assembly without incident.  The new Penitentiary Code introduced a remedy, enabling those serving in pretrial detention to lodge complaints about the conditions of their living conditions and medical care. 

Pushbacks were not the policy of the Greek Government in any way, shape, or form; the Government policy was clear.  Greece had significantly approved the asylum system for migration and was now the fourth most productive in the European Union. The State had made all the progress it could considering the difficult region.  Legislation protected everyone, including human rights defenders. Alleged “smear campaigns” needed to be examined by the courts; they could not always be presumed. 

Closing Remarks

IOANNIS GHIKAS, Permanent Representative of Greece to the United Nations Office at Geneva, thanked the Committee for the frank and honest exchange.  Although progress had been made, there was still work which needed to be done. Greece had worked hard to improve the situation, particularly on migration; the number of deaths in the Aegean Sea had fallen by 40 per cent.  Greece had a vibrant society with few resources but was working to do better. 

TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, thanked the delegation for the dialogue, which had covered a wide range of subjects under the Covenant.   The Committee aimed to ensure the highest level of implementation of the Covenant in Greece. 

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CCPR.24.023E

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