“In most detention facilities visited by the Working Group, the conditions fall far below international human rights standards, including in terms of severe overcrowding,” stressed one of the members of the Working Group on Arbitrary Detention, Vladimir Tochilovsky.

The group, which just finished an 11-day visit to the Mediterranean country, found pre-trial and convicted detainees in the same cell, as well as irregular migrants mixed in with criminal detainees in violation of national and international standards.

“Detainees are being held for months in police holding cells and border guard stations, although these facilities were designed for a maximum stay of 24 hours,” Tochilovsky said. “This situation also affects the rights of pre-trial detainees to properly prepare their judicial defence as there are no adequate facilities for the communication of the detainees with their defence lawyers.”

During the visit, the working group interviewed detainees and found that few of them were aware of their right to legal assistance and, in numerous instances, did not enjoy this right without payment.

They also stressed that the lack of judicial review as well as the excessive length of detention can be considered an arbitrary deprivation of their liberty. “The imprisonment of a migrant or an asylum-seeker for up to 18 months, in conditions that are sometimes found to be even worse than in the regular prisons, could be considered as a punishment imposed on a person who has not committed any crime,” said Tochilovsky.

The group met with Greek authorities from the executive, legislative and judicial branches as well as with legal representatives, civil society organizations and international organizations. It also visited various detention centres in Athens, the Aegean island of Samos, Alexandroupolis, Orestiada, Komotini, Soufli and Thessaloniki.

On a positive note, Tochilovsky welcomed the adoption of legislative reforms on this issue and commended the Government for the creation of the new Asylum Service Department to establish the First Reception Service responsible for screening procedures. The new department will be independent from the police and under the control of civilian and specialized personnel.

Independent experts, or special rapporteurs, are appointed by the UN Human Rights Council to examine and report back on a country situation or a specific human rights theme. The positions are honorary and the experts are not UN staff, nor are they paid for their work.

The report by the UN Assistance Mission in Afghanistan (UNAMA) states that more than half of 635 conflict-related detainees interviewed experienced ill-treatment and torture, particularly in 34 facilities of the Afghan National Police (ANP) and the National Directorate of Security (NDS) between October 2011 and October 2012.

Torture took the form of abusive interrogation techniques in which Afghan officials inflicted severe pain and suffering on detainees during interrogations aimed mainly at obtaining a confession or information, UNAMA stated in a news release. Fourteen methods of torture and ill-treatment were described similar to practices previously documented by the Mission.

“The Government’s attention and efforts to address these abusive practices are visible and encouraging, and have produced some positive results but the system isn’t robust enough to eliminate ill-treatment of detainees,” said Jan Kubis, the Secretary-General’s Special Representative and head of UNAMA. “Clearly, more needs to be done to end and prevent torture.”

Among other measures to improve detention practices, the Government carried out training programmes on prevention of the ill-treatment of detainees, issued policy directives, increased the number of inspections and reassigned personnel.

The Mission noted that while both the NDS and the Ministry of Interior stated that they investigated allegations of ill-treatment, it is unclear whether any of these internal probes resulted in the prosecution or loss of jobs of Afghan officials for involvement in torturing detainees or for having failed to prevent torture.

“UNAMA found a persistent lack of accountability for perpetrators of torture with few investigations and no prosecutions for those responsible,” said Georgette Gagnon, Director of Human Rights for UNAMA.

“The findings highlight that torture cannot be addressed by training, inspections and directives alone but requires sound accountability measures to stop and prevent its use. Without deterrents and disincentives to use torture, including a robust, independent investigation process, criminal prosecutions and courts’ consistent refusal to accept confessions gained through torture, Afghan officials have no incentive to stop torture.”

Over the reporting period, the UN-mandated International Security Assistance Force (ISAF) implemented a detention facility monitoring programme to support Afghan authorities in reforming their interrogation and detainee treatment practices prior to resuming international transfers of detainees to several facilities.

In October 2012, following new reports of torture at several NDS and ANP facilities, including locations where ISAF had transferred detainees, ISAF suspended transfers for a second time. ISAF subsequently stopped transferring detainees to several Afghan facilities and implemented a process limiting transfer to a reduced number of Afghan facilities and increasing monitoring and accountability.

UNAMA stated that its findings reinforce the urgent and long-term need for reforms in the judiciary, prosecution and law enforcement sectors and offers 64 recommendations to the Government and international partners.

In addition to other measures, UNAMA recommends the creation of an independent national preventive mechanism on torture described in the Optional Protocol to the Convention against Torture.

“Such a dedicated mechanism could be located within the Afghanistan Independent Human Rights Commission with the authority and enhanced capacity and expertise to inspect all detention facilities, conduct follow-up investigations and make detailed technical recommendations on prosecution of perpetrators and remedial measures,” said the Mission.

“Establishing such a mechanism would require concerted and sustained support from the Afghan Government and the international community. UNAMA continues to observe the treatment of detainees and is working closely with Afghan authorities and international partners to bring positive change.”

The recommendations strengthen proposals in UNAMA’s October 2011 report which have not been fully implemented, the Mission added.