Prisoners’ Rights: Article 12 of the Bill for an Effective Legal Remedy

Athens, 24 May 2022

The establishment of an appropriate and effective legal remedy to protect prisoners from the general conditions of detention and Article 12 of the bill “Harmonization of National Provisions with the Jurisprudence of the European Court of Human Rights and the Establishment of a Special Legal Remedy for Detention Conditions in Correctional Facilities”.

SUMMARY

The establishment of an appropriate and effective legal remedy to protect prisoners from general detention conditions is now more than imperative. Unfortunately, the proposed bill, which has been pending for almost two years, appears rather ineffective. It fails to provide guarantees at the various stages of reviewing prisoners’ appeals, and its proposed measures are limited to transferring the prisoner, recalculating the sentence in a favorable manner, and offering monetary compensation as remedies. Consequently, if these provisions are adopted as they are, they are expected to temporarily reduce the flow of appeals to the European Court of Human Rights (ECtHR). However, there is a significant risk that this new measure may ultimately be deemed ineffective—much like the current legislative framework—thereby leading to even greater congestion of cases, as no structural solutions are in sight for the longstanding problems afflicting Greek prisons.

The legislative framework that the country must enact to address the findings of both the ECtHR and the Council of Ministers should incorporate a gradation of measures to immediately remedy outcomes that constitute rights violations. This framework must aim to establish detention conditions that are compatible with those deemed acceptable, permissible, or tolerable—not only for the complaining prisoner but also for other inmates living under similar circumstances.

Furthermore, the immediate restoration of the general living conditions that have been found to violate the standards of dignified living for the applicant, the appellant, and other prisoners must be a top priority for the State. This effort should be combined with addressing the structural issues within the prison system, promptly adopting measures that facilitate smooth reintegration, and investing in alternatives to detention—prioritizing the immediate implementation of community service.

At the same time, the unjustified and prolonged failure of the country to establish an appropriate and effective legal remedy as a guarantee for protecting prisoners from general detention conditions is, at the very least, inexplicable. It represents a dereliction of duty with serious implications for human rights.

Availiable also in Greek.

prisoners-rights-article-12-bill-effective-legal-remedy

Download the text here.