Borders and Boundaries: the Committee questions Greece's Handling of Migrants

Fidhing boat docked at the port of Palaiochora in southeastern Crete, Greece, (InTime News via AP)

The UN Committee closely scrutinized Greece’s handling of migrants, particularly those held in detention centers. The Committee expressed serious concern over reports describing these facilities as prison-like, with restricted freedom of movement and overcrowding that may constitute "inhuman and degrading treatment."

A representative from Greece’s Ministry of Migration and Asylum defended these measures, describing them as essential for managing high-risk migration scenarios and asserting compliance with EU and national regulations. Committee members, however, questioned whether Greece’s emphasis on security adequately respects human rights, particularly regarding the extended detention and movement restrictions imposed in “closed controlled centers.”

Addressing living conditions in reception facilities, Greek officials cited the establishment of a national guardianship system for unaccompanied minors, dedicated medical areas within centers, referrals to public hospitals for serious cases, and short-term restrictions on liberty typically lasting less than five days. However, they acknowledged that challenges remain due to fluctuating migrant numbers and high demand.

The Committee also voiced concerns over reports of pushbacks at Greece's borders. Allegations include excessive use of force, incommunicado detention, and breaches of the principle of non-refoulement, reportedly affecting nearly 47,000 people since 2020, with several cases still pending before the European Court of Human Rights. The Greek delegation reaffirmed the country’s commitment to non-refoulement as a core part of its refugee protection framework, assuring the Committee that no asylum seeker is returned before a thorough assessment.

Security or Suppression? UN Scrutinizes Greece’s Police Conduct and Accountability

The Committee raised significant concerns about alleged excessive use of force by Greek law enforcement officials, particularly in incidents involving migrant pushbacks at the border and during protests and questioned Greece on measures to ensure transparency and accountability in police conduct.

In response, a representative from the Ministry of Citizen Protection stated that any use of force strictly adheres to national regulations. The representative cited Law 3169/2003, which limits police use of firearms, as part of Greece’s legal framework governing these actions. Greek officials also assured that reports of incidents are subjected to independent investigation by the Greek Ombudsman and the National Transparency Authority. "Our commitment to accountability is unwavering, and we handle these incidents with complete investigative integrity," a ministry official emphasized.

When asked whether law enforcement officers receive regular human rights training as part of their use-of-force protocols, Greece affirmed that police training programs include comprehensive modules on human rights, ethical standards, and the appropriate application of force.

UN Urges Greece to Address Gaps in Gender-Based Violence Protections

With violence against women and femicide on the rise, the Committee challenged Greece’s legal framework on gender-based violence, particularly its reluctance to classify femicide as a distinct crime. Referring to Greece’s obligations under the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Committee questioned Greece’s commitment to protecting women from violence and raised concerns about the adequacy of emergency support, legal aid, and shelter provisions for victims, suggesting that the system may be under-resourced.

Greece defended its legal stance, arguing that existing homicide laws sufficiently address femicide cases, while pointing to new measures to support survivors, such as the recent "panic button" app, which allows victims to alert police immediately. Officials also noted other improvements, including increased funding for shelters, public awareness campaigns, and specialized police units focused on domestic violence. However, the Committee pressed for a more comprehensive national strategy to address the root causes of gender-based violence and to improve access to shelters and legal support. Reaffirming Greece’s “commitment to protecting women and urgently addressing domestic violence,” the State delegation acknowledged that further resources and reforms are necessary to meet these goals.

Watch the review session again here (day 1) and here (day 2).

Disclaimer: Transcripts of the dialogue available here powered by WIPO Speech-to-Text served as the main source of the presented article. While all the information was carefully checked, please refer to the audio or UN WebTV for an official version of the dialogue.

Recommendations of the Human Rights Committee

The Concluding Observations on Greece's third periodic report were released on 7 November 2024. The State party is requested to provide, by 8 November 2027, information on the following recommendations:

Excessive use of force and ill-treatment

The State party should:

• (a) Ensure that all allegations of excessive use of force and ill-treatment by law enforcement officials are promptly and thoroughly investigated by an independent authority; that alleged perpetrators are prosecuted and if found to be responsible are appropriately punished; and victims and/or their families receive adequate compensation;
• (b) Provide adequate resources to the Ombudsman’s Office to ensure timely and effective investigations into allegations of excessive use of force by the police and other law enforcement officials; and
• (c) Take measures to prevent and eliminate the excessive use of force by law enforcement officials, including by enhancing training programs focusing on the Covenant, the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and the United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement, including by de-escalation techniques in order to avoid the use of force by law enforcement officials.

Treatment of aliens, including migrants, refugees and asylum seekers

The State party should:

• (a) Cease the alleged practice of arbitrary and collective expulsion of aliens, establish effective safeguards to prevent coercion in processes of voluntary return and conduct objective individualized assessments of the level of protection available in “safe third countries”;
• (b) Ensure that the principle of non-refoulement principle is protected in law and strictly adhered to in practice, and that all asylum seekers, regardless of their mode of arrival into Greece, have access to fair and efficient asylum status determination procedures and effective protection against non-refoulement;
• (c) Ensure that excessive use of force is not applied against migrants and asylum seekers and that all allegations of pushbacks, including excessive use of force and cruel, inhuman and degrading treatment against migrants are promptly and thoroughly investigated, and perpetrators are prosecuted and, if found guilty, punished with appropriate sanctions, with sufficient reparations to the victims;
• (d) Affirm the independence and impartiality of the monitoring mechanisms involved in investigating human rights violations against migrants and asylum seekers at borders, including the National Transparency Authority;
• (e) Provide effective alternatives to detention of migrants and reduce the length and practice of such detention. It should ensure that detention is used as a measure of last resort and for the shortest possible period of time, and is reasonable, necessary and proportionate in the light of the individual’s circumstances, that it is subject to periodic judicial review, and that asylum seekers and migrants have access to qualified legal aid when the interests of justice so require; and
• (f) Increase its efforts to ensure that Greek Authorities, including the Hellenic Coast Guard, prioritize the protection of life, particularly during rescue efforts at sea.

Human rights defenders

The State party should take appropriate measures to ensure a safe and enabling environment for human rights defenders, and hereto:

• (a) Enhance its efforts to combat and prevent all forms of violence and threats against, and the harassment and intimidation of, human rights defenders and other civil society actors, and take all measures necessary to guarantee their effective protection and ensure that they can freely carry out their work without fear of violence or reprisals, including arbitrary detention, travel bans, asset freezing or prosecution;
• (b) Ensure that all human rights violations, including harassment and attacks, against human rights defenders are promptly and thoroughly investigated, perpetrators brought to justice, and, if found guilty, duly punished, and victims should receive sufficient reparations; and
• (c) Adopt legislation and policies to protect human rights defenders, and to guarantee their rights, in accordance with the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.

Here you can find all the recommendations given by the Committee in the Concluding Observations.

The follow-up report of Greece on the implementation of recommendations is due in 2027. The next list of issues will be adopted in 2030, and the next periodic report is due in 2031.