By Alexis Anagnostakis
**Introduction**
In recent years, the European Union (EU) has emphasized the importance of detention reform, particularly the transition towards small-scale detention facilities that focus on social rehabilitation and reintegration into society. The Hague Programme (2004) and the Stockholm Programme (2009) highlighted the significance of detention and alternatives in EU justice policy. The Strategic Agenda 2019-2024 further stressed the protection of fundamental rights and freedoms and the fight against terrorism and cross-border crime.
However, despite these clear directives and the broad acknowledgment of their imporce, there remains a significant gap in the practical implementation of these principles in some Member States, notably Greece.
**Legal Framework and Recognized Best Practices**
1. **European Council and Commission Directives**: The EU has consistently encouraged Member States to adopt small-scale detention facilities, emphasizing their role in reducing recidivism and facilitating social reintegration. The Council of Europe’s European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has long provided comprehensive guidelines to ensure detainees’ fundamental rights are upheld, advocating for smaller, community-integrated facilities.
2. **Europol and FRA Reports**: Europol’s annual EU terrorism situation and trend reports have underscored the risk of radicalization within large-scale detention environments. The European Union Agency for Fundamental Rights (FRA) has also provided valuable data through its criminal detention database, demonstrating the benefits of small-scale detention for both detainees and society at large.
3. **Judicial and Parliamentary Resolutions**: The Court of Justice of the European Union (CJEU) and the European Parliament have issued numerous resolutions and judgments stressing the need for humane detention conditions and the promotion of alternatives to large-scale incarceration. The European Parliament’s 2017 resolution called for smaller detention units to prevent recidivism and encourage reintegration.
**Critique of Greece’s Implementation**
Despite these comprehensive frameworks and the robust evidence supporting small-scale detention, Greece has been slow to implement these practices effectively:
1. **Overcrowding and Poor Conditions**: Greek detention facilities remain overcrowded, with inmates often housed in substandard conditions that fail to meet EU recommendations. This overcrowding exacerbates tensions within the facilities and hampers any efforts at rehabilitation and reintegration.
2. **Lack of Small-Scale Facilities**: Greece has made limited progress in establishing small-scale detention facilities. The majority of detainees remain in large-scale prisons, which are less conducive to individualized care and rehabilitation. This failure to adopt small-scale models impedes the potential for reducing recidivism and reintegrating former prisoners into society.
3. **Insufficient Rehabilitation Programs**: Rehabilitation programs within Greek prisons are often underdeveloped and underfunded. The focus remains on punitive measures rather than on preparing inmates for successful reentry into society, contrary to the EU’s objectives.
4. **Budgetary and Political Delays**: The Greek government’s budgetary constraints and political hesitations have further delayed necessary reforms. There has been insufficient investment in training and resources to support the transition to small-scale detention facilities.
**Conclusion and Recommendations**
It is imperative for Greece to bridge the gap between EU directives and practical implementation. To this end, the Greek government should consider the following steps:
1. **Invest in Infrastructure**: Allocate resources to develop and maintain small-scale detention facilities, ensuring that they are adequately furnished and staffed to meet EU standards.
2. **Enhance Rehabilitation Programs**: Fund and implement comprehensive rehabilitation and educational programs tailored to individual needs, facilitating successful reintegration.
3. **Address Overcrowding**: Adopt measures to reduce overcrowding in existing facilities, potentially through greater use of alternative sentencing and parole options.
4. **Follow Best Practices**: Learn from the experiences of other EU Member States that have successfully implemented small-scale detention facilities, integrating best practices into the Greek context.
5. **Engage Stakeholders**: Collaborate with Bar Asssociations, judicial authorities, and community organizations to create a supportive network for reintegration efforts.
By taking these steps, Greece can better align its detention practices with EU goals, ultimately fostering a more humane, effective, and just penal system.
