B Explanatory memorandum
by Ms Laura Castel and Ms Miapetra Kumpula-Natri, co-rapporteursNote
1 Introduction
1. On 5 December 2023, the Monitoring
Committee decided to prepare a periodic report on the honouring of
membership obligations to the Council of Europe by Greece. The preparatory
work only started in full on 9 September 2025 with an exchange of
views with members of the Greek delegation. Members representing both
the majority and the opposition welcomed the periodic review as
an important opportunity to highlight the significant transformations
that had occurred in Greece in recent years.
2. On 27-29 April 2026, the co-rapporteurs carried out a fact-finding
visit in Athens to assess the honouring of Greece’s membership obligations
to the Organisation. On this occasion, they discussed recent political developments,
including the draft amendments to the Constitution and issues relating
to the rule of law, human rights and democracy (checks and balances;
effectiveness of the judicial system; fight against corruption; freedom
and pluralism of the press; role of civil society; aftermath of
the Predator scandal; whistleblower protection; migration policy;
rights of ethnic minorities, and conditions of detention). Particular
attention was also paid to the implementation of judgments of the
European Court of Human Rights (hereafter “the Court”). The co-rapporteurs
welcomed the very high level in which they were received, including
by the President and the Prime Minister of the Hellenic Republic.
The delegation also met with members of the government, the Greek
delegation to the Parliamentary Assembly, the leaders of the main
opposition parties, the ombudsman, the heads of several other independent
administrative authorities, and several non-governmental organisations (NGOs).
3. The preliminary draft report prepared on the basis of this
visit was tabled before the Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring Committee)
on 24 June 2026. Both majority and opposition representatives acknowledged
it was comprehensive and well-balanced. The Chairperson of the Greek
delegation to the Assembly was therefore asked to convey this document
to the government, parliament and different political forces, who
were given six weeks to provide the committee with written comments
if they so wished. Ms Dora Bakoyannis, Chairperson of the Greek
delegation, the Greek Ministry of Foreign Affairs, and Mr George
Papandreou and Mr Dimitrios Mantzos, on behalf of PASOK-KINAL parliamentary
group, sent commentaries.
2 Electoral system and political environment
4. The Voulí ton Ellinon, a unicameral
assembly seating in Athens, consists of 300 members
Note elected for a four-year
term by direct universal suffrage. “The electoral system and electoral
districts are set by a law which applies to the elections held immediately
after the next ones.”
Note According to
the law in effect, the electoral system is one of proportional representation
with a majority bonus. 250 seats are allocated through multi-member
proportional representation with open lists and a 3% electoral threshold:
12 members are elected from a national constituency and 238 are
elected from 58 regional constituencies.
Note The other 50 seats are allocated as
follows: 20 seats plus 1 seat for every 0.5% increment above 25%
of the votes cast for the list that finished first at the national
level; the remainder are allocated proportionally to the results
obtained at the national level.
5. The electoral system therefore significantly favours the party
that comes out on top: if it wins 39% of the votes, it carries a
bonus of 50 seats, no less than one-sixth of the full number. The
main opposition groups sitting in the Voulí consider that this system
certainly helps to ensure a stable and effective majority for governing
the country, but that it results in an excessive reduction in the
representation of dissenting views and thus weakens parliamentary
oversight.
6. Since the lists are “open,” the electorate may cast a preferential
vote for up to four candidates on the list of their choice. Once
the ballots are counted, the 243 seats allocated under the proportional
system are distributed according to the Hagenbach-Bischoff and highest-averages
methods among all lists that have surpassed the 3% threshold of
valid votes. The candidates who received the most votes in their
name on each of the lists are given a seat first.
7. If parliamentary elections are held less than eighteen months
after the previous election, members of Parliament are elected from
closed lists drawn up by political parties, with no option for preferential
voting.
8. The minimum age to run for office is 25. Voting is mandatory
for all voters under the age of 70, with a penalty of imprisonment
for a term of one month to one year; however, no convictions have
ever been handed down. In 2019, the minimum voting age was lowered
from 18 to 17.
9. In the 25 June 2023 general election, outgoing Greek Prime
Minister Kyriakos Mitsotakis, leader of the New Democracy (ND, EPP/CD),
won a new term. Holding 156 seats out of 300, ND’s parliamentary
majority allows the party to govern without forming coalitions.
Note
10. Before the ongoing political reconfiguration following the
creation of the new movement ELAS, the left-wing opposition was
divided among five parties,
Note holding
95 seats altogether:
- PASOK-KINAL
(Panhellenic Socialist Movement-Movement for Change), Greece’s traditional
social-democratic force (SOC, 32 seats);
- SYRIZA, originally the rally of the radical left, now
a more centre-left movement (UEL, 25 seats);
- KKE, i.e. Communist Party of Greece (UEL, 21 seats);
- New Left, resulting from a social-liberal split within
SYRIZA (12 seats);
- Course of Freedom, resulting from an earlier Eurosceptic
split within SYRIZA (5 seats).
11. Several far-right groups entered parliament concomitantly:
- Greek Solution (populist, 11
seats);
- Victory Democratic Patriotic Movement (orthodox national-conservative,
8 seats);
- Spartans (ultra-nationalist, 3 seats).
12. Following a ruling of the Supreme Special Court,
Note the
three Spartans MPs were declared to have lost their seats on 12 June
2025, as it was held that their party deceived voters, being essentially
a successor to Golden Dawn, which had been declared a criminal organisation
by judicial decision. The Supreme Special Court furthermore ruled
that these seats could not be filled by substitute candidates of
the same party, with the result that their voters have effectively
been disenfranchised, and that for the first time in its history
the parliament is now operating with three fewer MPs.
13. General elections are scheduled for July 2027.
14. The last annual publication of the Economist Intelligence
Unit,
Note part of The Economist Group, ranked Greece
in 24th place among the “full democracies”, alongside 25 other countries
including 13 European Union (EU) Member States, while the last 13
were considered “flawed democracies”. Greece moves up one spot,
with the following grades: 10.00/10.00 on electoral process and
pluralism; 6.79/10.00 on functioning of government; 7.22/10.00 on
political participation; 7.50/10.00 on political culture; 8.82/10.00
on civil liberties.
15. On 26 May 2026, former Prime Minister Alexis Tsipras announced
the creation of a new party, called Greek Left Alliance – or ELAS,
an acronym taken from the communist resistance army during World
War II –, styled as a movement to unite the left beyond his original
far-left base. He calls for a collective effort to create a broad
progressive alliance embracing the radical left, social democracy
and political ecology. Consequently, on 1 June 2026, seven MPs left
the social-liberal party New Left, which means it has fallen below
the 10-seat threshold set by Parliament for a parliamentary group.
16. On 1 April 2026, the European Public Prosecutor’s Office (EPPO)
requested the waiver of parliamentary immunity for eleven members
of parliament and two ministers as part of an investigation into
crimes affecting the financial interests of the EU.
Note Numerous members of the ruling party
are suspected of having made fraudulent claims for agricultural
subsidies for the benefit of others of up to 45 million euros per
year. Since 2017, at least 100 people have been accused of making
fraudulent claims for European funding distributed under the Common
Agricultural Policy for land they did not farm.
17. On 3 April 2026, three members of the government – the Minister
of Climate Crisis and Civil Protection, the Deputy Minister of Rural
Development and Food, and the Deputy Minister of Health – resigned
from the government. On 6 April 2026, the Prime Minister requested
the lifting of immunity of 11 ND MPs who are under investigation
in the same case. The Prime Minister underlined that the fraud began
before he came to power in 2019 and vowed to imprison the “thieves”
responsible and to reclaim the funds. Farmers massively protested against
the scam, as the European Union (EU) had held up their direly needed
subsidies as long as the fraud situation had not been clarified.
18. On 18 April 2026, only two weeks after being appointed, the
new Deputy Minister of Rural Development and Food resigned in turn
due to revelations that he had allegedly used his connections as
a ND official to secure a position as an expert at the Ministry
of Education in 2007 without possessing the required academic degrees.
19. On 25 and 26 May 2026, 39 people were arrested as part of
the Greek and European investigation into the massive fraud concerning
EU agricultural subsidies, 17 of them in the North of the country,
particularly in the second-largest city, Thessaloniki, and the other
22 in Crete.
20. Alongside these allegations of corruption, the government
is also being questioned for a lack of transparency in the matters
of the Predator scandal and of the Tempi railway disaster of 26 February
2023 which cost the lives of 57 people, shocking the entire country.
More than three years later, the investigation into responsibility
for the disaster, as well as into the actions that followed, remains
pending. Despite the criminal charges brought by the EPPO on 11 December
2023 against 23 suspects, including 18 public officials, concerning
the deficient and delayed completion of critical railway infrastructure
projects funded by the EU amounting to 700 million euros,
Note the parliamentary majority archived
charges against ministers, giving a sense of impunity based on political
power and putting at risk the citizens’ trust in the State. It is
indicative that the European Parliament, on 7 February 2024, urged
Greece to conduct a judicial investigation into the Tempi train
disaster, to be carried out “swiftly and comprehensively, covering
all actors involved, including responsible government officials”.
Note
3 Constitutional
amendments
21. On 2 February 2026, Prime Minister
Mitsotakis announced the launch of the process to revise the Greek Constitution
– promulgated in 1975 after the fall of the military junta – to
address contemporary challenges. “It is time to undertake bold reforms
that will strengthen the authority of institutions and citizens’
trust, introducing measures to improve the functioning of the political
system in the face of the major challenges of our time and in line
with new realities” he said in a televised address.
Note The conservative government considers
that the Constitution must be viewed not as a static document, but
as a practical tool enabling reforms that make the State more citizen-friendly
and the political system more trustworthy. The main changes proposed
concern ministerial accountability, private universities, cost of
party programs, fixed election cycles, civil service tenure, direct
election of the President of the Republic, and the selection of
judicial leadership.
3.1 The
constitutional amendment process
22. The 1975 Greek Constitution
is highly rigid. Article 110 first proclaims the general principle
of the inviolability of all constitutional provisions that define
the foundation of the regime and its form as a parliamentary Republic.
It then prohibits the revision of a series of specifically designated
articles relating to the separation of powers as well as to individual
rights and freedoms.
Note The prescribed revision process
follows two stages – determination of the need for revision
Note and
then the revision itself
Note – which are necessarily separated
by parliamentary elections, requiring two successive legislatures
to approve its principle and terms.
23. In accordance with Greek tradition, both the initiative and
the conduct of a constitutional revision fall within the purview
of the deputies, to the exclusion of executive bodies – though the
Prime Minister is generally a member of the Voulí and leader of
the parliamentary majority, in line with the principle of organic
unity between Parliament and the Government that characterises the
organisation and functioning of most parliamentary systems. The
Greek Constitution has undergone four revisions: while the first
and the third, in 1986 and 2008, were relatively limited in scope,
the 2001 revision affected no fewer than 82 of the 120 articles of
the fundamental law and the 2019 revision introduced significant
changes, particularly regarding the election of the President of
the Republic and other institutional provisions.
24. A constitutional revision must be initiated by at least 50
members of parliament, that is one sixth of the members of the Voulí.
The proposed amendment is then examined by a special parliamentary
committee, constituted proportionally from the various political
groups, which sets its own duration once formed, without the possibility
of subsequent extension. Then, in a resolution adopted by a three-fifths
majority of its members, or 180 deputies, the Voulí must recognise
the necessity of the amendment through two votes held at an interval of
at least one month. Initiating the amendment procedure thus requires
broad political consensus, transcending the divides between the
governing majority and the opposition. The resolution establishing
the necessity of the revision must additionally identify the constitutional
provisions to which the procedure applies: separate votes, requiring
a three-fifths majority, are held for each of them.
25. Once this two-step process of recognising the need for revision
and determining the provisions to be revised, is completed, the
work halts until the next term. In contrast to the “ordinary Voulí”
or the “first Voulí,” Greek constitutional doctrine refers to the
decision-making legislature as the “Revision Voulí” or “Revisional Voulí.”
26. This second body decides on the provisions to be revised by
an absolute majority of its members in committee and then in plenary
session. In the event that only an absolute majority of the members
of the first Voulí – and not a three-fifths majority – had determined
the need to revise specific provisions of the Constitution, these
may nevertheless be reconsidered, debated, and amended by the Revisionary
Voulí, provided that the latter decides by a three-fifths majority.
This is referred to as a “reversal of majorities.”
27. Once the constitutional law is adopted, it is published in
the Official Gazette within ten days, by decision of the President
of the Voulí, without being subject to promulgation by the executive
branch, unlike ordinary laws. Its entry into force is further subject
to the passage of a parliamentary motion. Finally, it is prohibited
to undertake a new revision within five years of the completion
of the procedure.
3.2 Main
topics and first votes
28. Concerning ministerial accountability
(Article 86), the constitutional revision aims to establish proper mechanisms
to bring ministers, deputy ministers, and government officials to
justice, to avoid decisions based on parliamentary power balances.
The government seeks to align with other European countries, where
judicial referral processes are independent of political majorities.
The Prime Minister said he intends to fight against the so called
“deep State”: “A public administration that is efficient and citizen-friendly
must now be driven by continuous evaluation and must place the concept
of tenure on an entirely new footing.”
Note On 14 January 2026, in view of this
forthcoming revision of Article 86 of the Greek Constitution, the
then President of the Assembly, Mr Theodoros Roussopoulos, asked
the Venice Commission to prepare a study on best practices in the Organisation’s
Member States “as regards the issue of and procedure for criminal
prosecution of members of government”. The Venice Commission is
expected to adopt the requested report in the autumn of 2026.
29. Another point is related to the regulation of the activities
of private universities (Article 16). The government has made clear
its intention to dismantle what it considers to be the “outdated
monopoly” currently governing the higher education sector. To legally
allow the establishment of private universities, an amendment is
required to the constitutional text in force, which stipulates – an
exception in Europe – that universities are an exclusively State-run
and tuition-free service.
30. The government also wishes to enshrine in the Constitution
a binding fiscal rule requiring all future governments to avoid
increasing the budget deficit or public debt, and, crucially, to
refrain from passing fiscal costs onto future generations (Article 79).
This measure is portrayed as essential for Greece’s long-term stability
by preventing the country falling into a Sisyphean cycle of recurring
economic crises. ND has called on PASOK to support this revision,
arguing that it would guarantee that the country “never again slips
down the dangerous path of populism”,
Note and that it follows the same logic
as the fiscal stabilization during the Samaras-Venizelos coalition
(2013-2015).
31. The constitutional amendment draft includes other significant
initiatives aimed at strengthening State institutions and the rule
of law, to ensure accountability, efficiency, and prevent future
governments from eroding the quality of public services, such as:
- the establishment of a single
six-year term for the President of the Republic (Article 30, Paragraphs 1 and
5);
- allowing the dissolution of Parliament on a government
proposal and a parliamentary decision, and not only on the grounds
of an “exceptionally important national issue”, to renew the popular
mandate (Article 41, Paragraphs 2 and 5);
- reinforcing the institutional role of MPs, particularly
in legislative work and parliamentary scrutiny, and requiring members
of the government to respond to parliamentary oversight (Article 60);
- extending postal voting to voters residing in Greece,
rather than limiting it to Greeks living abroad (Article 51, Paragraph 4).
- removing the possibility of granting an amnesty for political
crimes (Article 47, Paragraphs 3 and 4);
- a new appointment procedure for senior judges, involving
a special parliamentary committee and selection from lists of three
candidates proposed by the full benches of the courts (Article 90, Paragraph 5);
- a new selection procedure for Presidents and Members of
independent authorities which would resolve the problem of (Article 101A);
- shifting to a performance-based evaluation of civil servants
(Article 103);
- greater independence for the judiciary in the appointment
of the governing bodies of the courts;
- better protection of journalists, including vis-à-vis
their employers (Articles 14 and 15).
32. The requirement to secure a three-fifths majority of the national
legislature severely reduces the government’s ability to amend the
Constitution, regardless of its stated ambitions. Among the other
groups considered individually, only PASOK-KINAL and SYRIZA have
enough elected representatives to provide the Prime minister with
the support needed to form a qualified temporary majority and reach
the threshold of 180. If a comprehensive compromise cannot be obtained
with either of them, support will have to be sought among a heterogeneous
coalition of smaller parliamentary groupings, possibly including
the two far-right ones still represented, as well as some of the
51 deputies registered as independents.
33. Following the submission of the proposal by the parliamentary
majority on 2 June 2026, a special parliamentary committee was established.
Then, on 27 July 2026 a total of 39 individual provisions were put
to a vote, corresponding to 33 distinct constitutional articles.
Although all the proposed reforms secured the support of an absolute
majority in parliament, they failed to achieve the required three-fifths
majority. Consequently, a second vote is expected to take place
in early September 2026.
4 Implementation
of Assembly Resolution 2203 (2018)
34. In its
Resolution 2203 (2018) “The progress of the Assembly's monitoring procedure
(January-December 2017) and the periodic review of the honouring
of obligations by Estonia, Greece, Hungary and Ireland”, the Assembly,
with respect to Greece:
- welcomed
the ratification of the European Social Charter in 2016 but encouraged
the authorities to make a declaration enabling national NGOs to
submit collective complaints;
- stressed that corruption represented one of the root causes
that contributed to the economic and sovereign debt crisis, and
therefore commended the authorities for the measures they have taken
to ensure transparency of party funding and to fight corruption;
- called on the authorities to end the practice of detention
of immigrant children and to intensify efforts to improve living
conditions and the integration of refugees and migrants;
- lamented that the combination of the economic crisis and
the migration crisis has provided fertile ground for extremist ideas
to flourish, and called on the Voulí to ratify Protocol No. 12 to
the European Convention on Human Rights (ETS No. 177);
- reiterated its call to ratify the European Charter for
Regional or Minority Languages (ETS No. 148) and the Framework Convention
for the Protection of National Minorities and to fully implement
the judgments of the European Court of Human Rights to enhance the
rights of minorities;
- called on the authorities to enhance the transparency
and accountability of the judicial system as requested by the Group
of States against Corruption (GRECO);
- expressed its remaining concern about the problem of ill-treatment
by police, and urged the authorities to establish an effective and
fully independent police complaints body;
- encouraged the authorities to further enhance the independence
of the media;
- called on the Voulí to ratify the Council of Europe Convention
on Preventing and Combating Violence against Women and Domestic
Violence (CETS No. 210, “Istanbul Convention”).
35. On several of these issues, the views of the government majority,
on the one hand, and those of the parliamentary opposition and NGOs,
on the other, differ, in some cases radically.
36. The (revised) European Social Charter (ETS No. 163) is supplemented
by an additional protocol,
Note adopted on 9 November 1995 and
entering into force on 1 July 1998, which introduces a formal procedure
that allows collective complaints about social rights violations
in Member States. Although Greece swiftly ratified this additional
protocol,
Note it has still not issued a declaration
authorising national NGOs to lodge collective complaints, despite
the recommendation made by the Assembly in 2018.
37. In the general election of 6 May 2012, the Golden Dawn party,
espousing an ideology with neo-Nazi overtones, won 6.97% of the
vote and 21 seats in the Voulí. In the following
European
elections of 25 May 2014, Golden Dawn became the country’s third-largest party,
with 9.40% of the vote, repeating this performance in the general
elections of 25 January 2015 and 20 September 2015. Nevertheless,
on 7 October 2020, at the end of a five-year investigation, Nikolaos
Michaloliakos, the party’s founder and leader, along with six of
its senior members, were found guilty in the first instance of “leading
and belonging to a criminal organisation […] masquerading as a political
party”. Consequently, it was effectively dismantled, its main leaders
were imprisoned, and its political activities were prohibited. On
11 March 2026, on appeal, around forty former MPs and members of
Golden Dawn were sentenced to terms of up to 13 years in prison
for the murder of a rapper in 2013. Unlike in many other European
countries, there is currently no far-right party in Greece with sufficient
political strength to be considered a potential partner in a future
governing coalition. Furthermore, as explained above, MPs who had
been elected in June 2023 on a list regarded as an offshoot of Golden
Dawn were stripped of their seats by the country’s highest court.
38. Greece has not yet ratified Protocol No. 12 to the European
Convention on Human Rights. To recall, this protocol protects citizens
from discrimination by any public authority “on any ground such
as sex, race, colour, language, religion, political or other opinion,
national or social origin, association with a national minority, property,
birth or other status.”
39. However, when it comes to combating discrimination, the government
highlights what it describes as a landmark legislation: in 2024,
Greece became the first Christian Orthodox-majority country and
the fifteenth EU member State to legalise same-sex marriage, and
adoption rights were granted to all couples.
Note
40. Greece has not ratified either the European Charter for Regional
or Minority Languages or the Framework Convention for the Protection
of National Minorities.
Note Consequently, the country is not
required to apply the specific obligations set out in these instruments
and is subject only to the general rules of the Organisation and
the Court regarding protection of national minorities. Moreover,
the country has no intention to ratify these two texts, arguing
that they run counter to its position on minorities whose members
identify themselves as Macedonians and Western Thrace Turks. Currently,
any association whose name includes these terms faces a refusal
of administrative registration or even dissolution. Accordingly,
in line with the Lausanne Treaty,
Note the authorities classify
the Western Thrace Turks as part of the “Muslim minority in Greece” which
also includes the Muslim Roma and the Pomaks.
41. Civil society has repeatedly reported cases of ill-treatment,
systematic abuse, or even racist behaviour by internal security
forces, particularly against Roma, pointing at a culture of impunity
for such acts. These allegations are supported by the Court’s case-law.
Furthermore, since 2018, the Greek authorities have not yet established
an effective and fully independent police complaints body. The ombudsman’s
2025 annual report
Note highlights a 50% increase
in complaints and allegations of misconduct by security forces,
including torture, violence, and racist behaviour between 2024 and
2025.
42. The Istanbul Convention was ratified by Greece on 18 June
2018 and entered into force in the country only a couple of months
after the adoption of the Assembly’s resolution, on 1 October 2018.
Note Greece
was the 32nd Council of Europe Member State to join this binding
instrument aimed at creating a comprehensive legal framework and
approach to combat violence against women, including psychological,
physical or sexual violence, forced marriage, female genital mutilation,
forced abortion or sterilization, so-called honour crimes and sexual
harassment.
43. Still in the field of women’s rights, more than 5 000 persons
have installed the “Panic button” app implemented by the Ministry
of Citizen Protection against domestic violence and approximately
100-120 reports are recorded daily. In 2025, 19 500 cases were brought
before the justice system, while more than 1 300 victims were taken
to hospitals. At the same time, around 1 600 victims received shelter
in safe houses. In total, over 30 000 calls related to domestic
violence incidents were recorded. Up to the moment of writing there
has been a reduction in 2026 of about 15% in domestic violence incidents.
Around 500 offenders are currently in prison.
5 Execution
of judgments of the European Court of Human Rights
44. According to the Council of
State, the number of judgments before the Court against Greece pending enforcement
has been steadily decreasing since 2019, even if a slight increase
was recorded in 2025, resulting from changes in the Court’s working
methods. Furthermore, Greece has taken compliance measures to enforce
the Court’s judgments and harmonize its legal framework with the
Court’s case law. Greek law does not currently provide for a legal
remedy to raise complaints regarding the non-enforcement of the
Court’s judgments in cases where no individual compliance measures
are taken or where inappropriate or insufficient measures are taken;
the applicants have no choice but to refer the matter to the Committee
of Ministers. The same applies when general measures are not taken
or are inappropriate or insufficient, in which case such communications
may be submitted by NGOs, international organisations, and official
national human rights bodies. Legal provisions exist to request
the reopening of proceedings, at all levels of jurisdiction, following
a decision by the Court finding that a national court’s decision
was issued in violation of a right to a fair trial or a substantive
right of the Convention and/or its Protocols, in order to ensure
the full and effective enforcement of the Court’s decisions.
45. A significant number of issues are pending related to cases
or groups of cases currently under the Committee of Minister’s supervision.
The information contained in this part is taken from a document
issued by the Court.
Note However,
the Greek government authorities and the parliamentary majority
consider that appropriate legal measures have been taken regarding
the conditions of detention, the right of liberty, and the lawfulness
of detention and the reception conditions of foreigners, because
of a law very recently adopted.
Note Most
of Court judgments quoted below are “under enhanced supervision”
by the Committee of Ministers. Some judgements were handed down
more than a decade ago – and one of them dates from nearly two decades ago.
In addition to the consideration of the Assembly’s recommendations,
this list provides a good overview of the areas where the Greek
legal system still has shortcomings with regard to the rule of law:
- on the actions of enforcement
agents: lack of effective investigations after ill-treatment by
coastguards against migrants and failure to demonstrate that the
use of force had been absolutely necessary;Note failure
to protect lives during search and rescue operation at sea and degrading
treatment on account of body searches by coastguards;Note
- relating to the conditions of detention: inhuman or degrading
treatment on account of poor detention conditions in overcrowded
prisons (excessive number of detainees per cells, no ventilation,
no personal space, lack of medical care for sick detainees, etc.)
and lack of effective remedy to complain thereof;Note
- regarding lawfulness of detention and the reception conditions
of foreigners: degrading treatment of asylum seekers or irregular
migrants detained in various facilities;Note lack of
effective remedy to complain about the living conditions and delayed
medical treatment;Note poor
living conditions in the Reception and Identification Centres of
asylum seekers, including vulnerable individuals, as well as delayed
medical assistance;Note
- in the scope of the right of liberty: unlawfulness of
detention of a foreign national applicant subject to expulsion,
inadequate information concerning legal and factual grounds of detention
and lack of an effective and accessible remedy to challenge the
lawfulness of detention;Note impossibility
to complain against pushback; violation of the applicant foreign
nationals’ right to liberty on account of the applicant's detention
prior to pushback; lack of an effective remedy in respect of alleged
violations of Articles 2 (right to life) and 3 (prohibition of torture)
of the Convention committed during the impugned pushback;Note
- relating to enforcement of final domestic judicial decisions:
non or delayed compliance of the Administration with domestic court
judgments ordering the lifting of land expropriation orders interfering with
the owner’s right to peaceful use of their property;Note delayed
compliance of the Administration with various types of domestic
court judgements;Note recurring
problems in the legal system in relation to the removal of burdens
and the amendment of urban plans;Note
- on freedom of expression: disproportional criminal convictions
for insult, defamation, or malicious defamation;Note unjustified
civil convictions inflicted for having offended the plaintiffs,
mostly in articles published in the press, through defamation or
insult;Note
- on freedom of association: refusal to register associations
or dissolution of associations from the Muslim minority in Thrace
on the ground they represented a danger for public order, and disproportionate actions
against the latter as they did not advocate the use of violence
or anti-democratic or anti-constitutional means;Note refusal
to register an association on the ground that the use of the word “Macedonian”
in its name and the purpose proclaimed in its statutes contravened
public order and jeopardised the harmonious coexistence on the Florina
region.Note
6 Constitutional
guarantees of independence and self-governance of the judiciary
46. Judicial power in Greece is
divided into three branches with one supreme court on top of each
of them:
- the Supreme Court
of Areios Pagos is the highest court for civil and criminal justice;
- the Council of State is the supreme administrative court;
- the Court of Audit is the supreme financial court and
supreme audit institution.
47. The review of constitutionality is carried out by all courts,
regardless of their level, and there is no supreme constitutional
chamber.
48. The judiciary is composed exclusively of career judges and
prosecutors, who belong to a unified corps of magistrates. Their
recruitment, promotion, rights, and obligations are regulated by
a common legal framework. The personal and functional independence
of judges is fully protected by the Constitution:
Note courts are composed of regular
judges who enjoy both functional and personal independence; judicial
inspections are carried out exclusively by other judges οf a superior
rank; judges are appointed for life, and they can only be dismissed
pursuant to a court judgement, in limited cases such as a criminal
conviction, serious disciplinary offense, permanent illness or disability,
or professional incompetence.
49. The sole exception to the principle of self-governance consists
in the promotion to the top positions of the judiciary: the Presidents
and Vice-Presidents of each supreme court, the Prosecutor of the
Supreme Court, the Commissioner of the Court of Audit, and the Commissioner
of the Administrative Court is decided by the Cabinet of Ministers,
from among the members of the respective Supreme Court.
Note The Council of State has stated
that this exception to the principle of the judicial self-governance
is justified by the principle of democratic legitimacy. The reasoning
is that the Cabinet of Ministers, which enjoys the confidence of
Parliament,
Note possesses the necessary democratic
legitimacy to make such appointments. However, for the first time, following
recommendations issued by GRECO and the European Commission Rule
of Law Report, a recent legislative reform provides for the formal
participation of the judiciary power in the selection of its own leadership,
Note which
represents a major step in strengthening judicial independence.
50. At the same time, according to the World Justice Project’s
Rule of Law Index 2025,
Note Greece ranks 48th globally among
143 countries, marking a decline of one position compared to the
previous year. The country’s overall performance in upholding the
rule of law remains problematic, especially at the regional level,
where it ranks 29th out of 31 countries in the EU, European Free
Trade Association (EFTA), and North America region. One of the most
concerning areas identified in the report is order and security,
where Greece ranks last in this geographic zone and 71st globally,
reflecting issues such as police violence and arbitrariness, crime,
and the inefficiency of law enforcement authorities. There has also
been a significant decline in the justice system, both civil and
criminal, where delays and weak enforcement of court decisions remain
major challenges. Greece’s performance in areas such as constraints
on government powers and open government also remains troubling, ranking
23rd and 29th out of 31, respectively, at the regional level. Corruption,
according to the report, continues to be a significant problem,
with Greece ranking 53rd globally and 27th among the 31 countries
of its category. Overall, the areas of fundamental rights and regulatory
enforcement remain relatively stable, with Greece ranking 47th and
54th globally, and 29th regionally in both categories.
51. Nevertheless, the government highlights practical reforms
that have recently improved the functioning of the judicial system
as a whole: a new judicial map was drawn and the number of courts,
which was close to 200, has almost been halved. This has made it
possible to streamline the organisation of the courts, to distribute
judicial resources more effectively and to reduce delays, thus addressing
the historically slow administration of justice. This reform
Note was
part of Greece’s modernisation plan and has been supported by the
EU as part of the European Recovery Plan. In the first year of implementation,
the time required for first-instance courts to issue decisions has
been cut in half, from 705 to 364 days. This improvement applies
to 92% of cases nationwide. A particularly striking transformation
is observed at the Athens First Instance Court, the largest in the
country, where the estimated time for issuing a decision has been
reduced from four years to one and a half years. Impressive progress
is also recorded in Thessaloniki and Piraeus.
7 Independent
authorities and fight against corruption
7.1 Independent
public authorities with a constitutional status
52. Independent Public Authorities
fall into two categories: over thirty bodies created by law, which
are accountable to the Government,
Note and
the five established by the Constitution, whose personal and functional independence
are guaranteed.
Note The prerogatives for these
bodies are the following:
- public
mediation;Note
- protection against the collection, processing, and use
of personal data, particularly by electronic means;Note
- oversight and imposition of administrative sanctions against
radio and television;Note
- protection of the secrecy of letters and free correspondence
or communication, in whatever form;Note
- oversight of the hiring of most government and all public
sector employees.Note
53. The heads of these five administrative authorities with constitutional
status are appointed for a fixed term, determined by the secondary
legislation
Note by
a decision of the Conference of Presidents, adopted by a three-fifths
majority of its members. However, since it is not always possible
to secure such a majority, as a fail-safe mechanism, their term
is automatically extended indefinitely until the appointment of
new members, which helps to avoid vacancy.
54. This measure raises concerns in several respects. First, it
creates harmful uncertainty for the actions of the impacted bodies.
Second, it leads to excessive term extensions that hinder their
adaptability to the socio-economic context. Third, it could encourage
the leaders of these bodies to refrain from fully exercising their independence,
in the hope of the government not feeling the need to appoint a
successor to them. For instance, the government tried twice to replace
the current ombudsman, who was appointed in July 2016 for a six-year term,
without managing to secure the required majority in favour of the
candidate it had put forward. Similarly, the Acting President, as
well as the six members of the HDPA’s Board and their substitutes
– whose terms are also limited to six years – were appointed between
2011 and 2021.
55. This situation is paradoxical. Despite their constitutional
status, which should grant pre-eminent legal authority, these entities
generally appeared constrained in exercising their powers, whether
in the defence of human rights, the regulation of economic lobbying,
Note the
prevention of conflicts of interest,
Note sanctions applicable
to radio and television operators,
Note or the supervision of
telecommunications.
Note Notably,
the ombudsman status does not comply with several “Venice Principles”:
Note
- principle 3
(salary levels for the ombudsman and their staff, and provisions
relating to the ombudsman’s pension);
- principals 5 and 10 (statutory term of ombudsman);
- principle 13 (mandate on all general interest and public
services provided to the public, whether delivered by the State,
by the municipalities, by State bodies or by private entities);
- principle 19 (locus standi and
suspensive effect of the filing of a request or complaint on time-limits
to apply to the courts);
- principle 21 (sufficient and independent budgetary resources);
- principle 22 (sufficient staff and ability of ombudsman
to select his own staff).
56. While the ombudsman and the HDPA top management team stood
out for their commendable openness to dialogue and a clear willingness
to shed light on the Monitoring Committee work, the same could not
be said of the other two, i.e. the ADAE and the NCRTV, who rather
gave the co-rapporteurs the impression of seeking to evade their
legitimate questions.
Note
7.2 The
National Transparency Agency
57. The National Transparency Agency
(NTA), established in 2019 by an ordinary law,
Note wields
extensive powers without enjoying the independence that is desirable
for such a body. It was designed as a single authority bringing
together the responsibilities of several pre-existing inspection
bodies which worked in a scattered manner, including public administration
inspectors, health and welfare inspectors, public works inspectors,
transport inspectors, and the General Secretariat for Anti-Corruption.
Its mission consists of promoting transparency and integrity, thus
improving public sector efficiency by: designing and implementing policies
to detect, prevent, and combat corruption; strengthening accountability
and trust in public administration; creating a coherent national
framework against corruption. More concretely, it conducts inspections
and audits across public and some private sectors, investigates
cases of fraud, misconduct, and corruption, coordinates and oversees
anti-corruption policies, receives and handles complaints and reports from
citizens, and ensures compliance with laws.
58. The NTA’s Governor is appointed by the government, after a
favourable opinion of the Voulí. The NTA suffers from two major
drawbacks that undermine the fight against corruption in Greece:
it is structurally too closely linked to the government to remain
free from politicisation and to offer the minimum guarantees of independence
required by European standards; it concentrates excessive powers
in the areas of administrative inspection, auditing and anti-corruption,
to the detriment of administrative authorities with constitutional
status.
59. The perception of corruption is high among Greek households.
Note In the view of NGO activists,
there is no culture of integrity in Greece.
Note The ombudsman, for its part,
countered that the problem, whilst serious, should not be generalised,
since corruption is no longer endemic.
Note
60. According to the Organisation for Economic Co-operation and
Development (OECD),
Note the
National Anti-Corruption Action Plan (NACAP) for 2022-2025, adopted
by the Ministerial Council,
Note provided
a comprehensive and operational strategy for preventing and combating
corruption across both the public and private sectors. Most notably,
among OECD countries, Greece ranked second in improvement of strategic
anti-corruption frameworks and fifth in policy design. The NTA serves
as the central coordinating body for the integrity system, responsible
for preparing, monitoring, evaluating, and updating the NACAP, as
well as coordinating its implementation in collaboration with all
co-competent bodies.
61. NGOs do not share this view. They consider the NACAP to be
ineffective document with only minor actual anti-corruption initiatives,
most of them irrelevant or overly generic while others have already
been implemented or legislated. In addition, they underscore that
key GRECO recommendations are being ignored.
62. Lastly, the financial statements of political parties for
2024 were not published within the statutory deadline but the Committee
for the Investigation of Declarations of Assets (CIDA), i.e. the
parliamentary oversight body responsible for political funding,
failed to respond to a Vouliwatch complaint in June 2025 and, shortly
afterward, extended the deadline without acknowledging the complaint,
raising serious questions about the credibility of its function.
7.3 GRECO
recommendations
63. In its last report on Greece,
which was adopted on 27 March 2026 and published on 26 May 2026,
Note GRECO sets out a balanced assessment
of the improvements made by Greece in anti-corruption measures. This
second compliance report assesses the measures taken by the national
authorities to implement the recommendations made public by GRECO
on 3 March 2022
Note and still pending on 26 June 2024.
Note
64. GRECO welcomes the adoption of the code of conduct addressed
to political advisors
Note and of
the practical guidance appended to it but emphasises the need for
all persons with top executive functions (PTEFs) to be subject to
the same level of financial disclosure as members of the government
regarding publication of liabilities, assets, and interests. GRECO
also welcomes the publication of the lists of associates by each ministry
and the publication of a systematised list by the Presidency of
the Government as a step towards greater transparency, and further
looks forward to receiving an update when the authorities will be
able to provide more complete information on the remuneration, specific
functions and ancillary activities of each associate. GRECO expresses
satisfaction about the adoption of a rather comprehensive code of
conduct addressed to members of the government and deputy ministers,
Note and encourages
the authorities to provide hands-on guidance to enhance its practical
value.
65. GRECO notes that the Code of Administrative Procedure was
amended to strengthen the public’s right to access administrative
documents by clarifying that they can be requested either anonymously
or identifiably by any individual or legal entity, both in person
and electronically, and without the previous prerequisite of “reasonable
interest”, unless the document contains personal data.
66. GRECO notes: first, the strengthening of the General Secretariat
for Legal and Parliamentary Affairs' decision-making power regarding
the management of conflicts of interest; second, the ongoing work
to improve the system for submitting declarations of conflict of
interest and to develop new guiding materials on the General Secretariat’s
website; third, the publication of the decisions refusing authorisation
of specific post-government activities of former PTEFs; fourth,
the articulation of the procedure for submitting complaints to the Ethics
Committee.
67. GRECO appreciates the extension of post-employment rules,
which now cover political advisors, as well as the strengthening
of the post-employment regulatory framework through the recently
adopted Codes of Conduct, which address conflicts of interest arising
from pre- and post-government activities, but looks forward to receiving
information on further measures to be taken regarding the length
of the cooling-off period.
68. GRECO acknowledges that the necessary regulations have been
adopted by the NTA and the Ministry of the Interior to pave the
way for the risk assessment and management in the public sector
but looks forward to receiving in due course an update on the completion
of the arrangements establishing a structural unit entrusted with
risk assessment and devising the anti-corruption strategy.
69. GRECO notes that the development of a confidential counselling
mechanism for providing confidential counselling to police officers
on ethical and integrity matters, which has been entrusted to the
newly established Directorate of Ethics and Internal Audit, must
now be completed effectively. GRECO acknowledges the initial steps
taken to develop the integrity checks mechanism following the reorganisation
of the police and looks forward to receiving an update in due course.
70. GRECO welcomes the extension of the scope of the Whistleblower
Protection Act to include persons reporting misconduct relating
to bribery and influence peddling, as defined by the relevant provisions
of the Criminal Code, but observes that whistleblower protection
does not yet extend to violations outside the sphere of criminal
law, and that the Directorate of Ethics and Internal Audit is expected
to reassess the adequacy of the existing framework.
71. GRECO welcomes the recent amendments to the Police Personnel
Disciplinary Law, which strengthen the independence of administrative
inquiries, and the fact that police complaint investigations will
be streamlined and assigned to the newly created Directorate of
Ethics and Internal Audit. GRECO also notes positively the steps
taken to consolidate and improve the management of police complaints,
including strengthened oversight by the new Directorate of Ethics
and Internal Audit through an electronic tracking system.
72. Overall, in its 2024 compliance report, GRECO deemed only
6 out of 17 recommendations set out in the Fifth Round Evaluation
Report were partly implemented and none of them satisfactorily implemented.
In its most recent compliance report, it concludes that Greece has
satisfactorily implemented 6 recommendations and partly implemented
the 11 others. As GRECO considers that Greece is therefore still
not in sufficient compliance with its rules, the national authorities
are asked to provide a report on the progress in implementing the
outstanding recommendations.
8 Press
freedom
73. For the fourth year in a row,
Greece ranked last among the EU countries in the Reporters Without Borders
(RSF) press freedom index. After a significant improvement in 2019
and 2020, with the country rising to 65th place, it dropped to 89th
place worldwide out of 180 countries in 2025. The primary reason
for this decline to 2017 levels was the assassination of journalist
Giorgos Karaivaz in 2021. Since then, no further assassinations
or imprisonments of journalists have been recorded in Greece. The
NGOs met also noted a slight improvement since the beginning of
the year, as it now ranks Greece 86th, with the following details:
94th on political indicator; 129th on economic indicator; 73rd on
legal indicator; 126th on social indicator; 72nd on security indicator.
Note
74. Despite ongoing efforts to professionalise and depoliticise
the Hellenic Broadcasting Corporation (ERT) and the Athens News
Agency / Macedonian News Agency (ANA-MNA), the broadcasters have
persistently fallen short of achieving the editorial and institutional
independence needed to withstand political interference. The Secretariat-General
of Communication and Information, the supervisory body of ERT and
ANA-MNA, still operates under the authority of the Prime Minister’s
Office.
75. The control of private media by vested interests is of concern.
The concentration of traditional media assets in the hands of wealthy
families, shipping magnates and football club owners with close
political affiliations appears to have decisively influenced the
media environment. Consequently, although the country hosts a large
number of media outlets, meaningful pluralism and a broad range
of independent perspectives remain largely absent. Major media outlets
often function as vehicles for promoting specific narratives or supporting
political parties rather than serving as platforms for public interest
reporting on and holding power to account.
76. Since the entering into force of the European Media Freedom
Act (EMFA)
Note in
August 2025, Member States of the EU are required to enact reforms
to align their legislation with the new Regulation. Greece, however,
has made only limited progress in ensuring the compliance of its
legal framework and practices with EMFA provisions. While certain
existing laws partially meet EMFA requirements, significant shortcomings remain
in areas such as regulation, ownership transparency, pluralism,
public service media, and funding. A law, adopted in 2025, includes
EMFA-related provisions on State advertising expenditure and a national
plan for the safety of journalists.
Note Substantive
reforms to safeguard the independence of regulatory authorities
and public service media, ensure transparent and equitable State
funding, and enhance media pluralism have yet to be introduced.
9 Predator
scandal
77. The Predator scandal broke
in March 2022 when journalist Thanasis Koukakis discovered that
his phone had been infected with Predator spyware and that he had
been placed under surveillance by the Greek National Intelligence
Service. Four months later, Mr Nikos Androulakis, leader of the
opposition party PASOK-KINAL, also discovered that his phone had
been targeted by Predator while he was a member of the European Parliament.
More than 100 public figures, including ministers in Kyriakos Mitsotakis’s
government, journalists, business leaders, and high-ranking military
officials, eventually discovered that they were targeted by the Predator
software. This highly invasive technology allows hackers to infiltrate
cell phones, access messages and photos, and even remotely activate
the microphone and camera. These revelations were followed by numerous
allegations, sparked public outrage, and led to parliamentary and
judicial investigations. The European Parliament expressed its concerns,
listing Greece among the EU countries suspected of abusing spyware,
alongside Hungary, Poland and Spain.
78. On 30 July 2024, a prejudicial order of the Prosecutor of
the Supreme Court exonerated the intelligence services and the political
officials implicated, ruling that there was no evidence that the
use of Predator had been ordered by the Greek government. However,
several shortcomings in the investigation were revealed by the Greek
media and the victims’ lawyers, who denounced an “attempt to cover
up the case” and “collusion between the judiciary and the government.”
Only two confirmed victims of Predator were questioned by the Supreme
Court, the Greek employees of Intellexa – the company mainly implicated –
were not heard, and access to its bank accounts was not requested.
Note
79. In
Resolution 2513
(2023) adopted on 11 October 2023, the Assembly urged Greece:
- “to inform the Assembly and
the Venice Commission about the use of Predator and similar Spyware, within
three months”;
- “to conduct effective, independent, and prompt investigations
into all confirmed and alleged cases of abuse of spyware and provide
sufficient redress to targeted victims in cases of unlawful surveillance”;
- “to refrain from using blanket secrecy rules to deny access
to information on the use of spyware to oversight mechanisms and
targeted persons”;
- “to apply adequate sanctions, either criminal or administrative,
in cases of abuse”.
80. On 26 February 2026, the Second Single-Member Misdemeanor
Court of Athens handed down a prison sentences of 126 years and
8 months to four individuals – Israeli and Greek shareholders of
the companies Intellexa and Kriel, the alleged suppliers of the
Predator software – for “violation of the confidentiality of telephone
communications”, “repeated unauthorized access to a system containing
personal data”, and “unlawful access to data”. Under Greek sentencing
laws, the defendants must therefore serve a mandatory eight years
of that term, though the sentence has been suspended pending an
appeal.
Note In addition, given the seriousness
of the charges and the evidence gathered during the trial, the judge
decided to transfer the case to the Athens Public Prosecutor’s Office
to investigate allegations of espionage by these four individuals
and eight others, as well as any other persons who may be involved
in this case, citing the possibility of collaboration with foreign
countries. The prosecutor noted, first, that one-third of Predator’s
victims were also under surveillance by the EYP, and second, that
Predator is not available to private individuals but offered for sale
only to government agencies, which undermines the government’s claims
that these were mere coincidences.
81. On 27 April 2026, the Public Prosecutor of the Supreme Court
decided to drop the case concerning the involvement of several prominent
Greek figures, despite the significant new evidence that emerged
during their trial. Mr Zacharias Kesses, an Athens attorney and
legal representative of several of the confirmed Predator surveillance
targets,
Note has
identified not less than ten specific blind spots in the ruling:
Note espionage was ruled out without
ever being investigated; the logic used to rule out espionage does
not hold; a key piece of evidence was dismissed without explanation;
an employee’s testimony pointing to an intelligence connection was
not followed up; key Intellexa personnel and foreign nationals escaped
scrutiny; a key suspect’s ties to Greek intelligence went unexamined;
a tampered document bearing Intellexa fingerprints was not taken
into account; a witness testimony alleging political protection
was disregarded; Intellexa’s marketing materials, presented at trial,
were also overlooked; a State funding scheme and alleged judicial
interference were not considered.
82. Concerns around impermissible access of senior government
officials to information obtained via electronic surveillance have
also emerged in the context of the agricultural funds misuse scandal
investigated by the EPPO. Former Deputy Minister of Digital Governance,
Mr Christos Boukoros, resigned from his post on 27 June 2025 following
the outbreak of the scandal. In December 2025, he confirmed in his
testimony before the Payment and Control Agency for Guidance and
Guarantee Community Aid – an inquiry committee of the Voulí – that
he had been informed as early as June 2024 from government sources
close to the Prime Minister’s office that his telephone had been
placed under surveillance. This was one year before the EPPO transmitted
the case file to parliament with a view to investigating and prosecuting
offences committed by members of the government.
10 Migration
10.1 Legal
framework
83. On 3 September 2025, the Greek
Parliament passed a law providing for the forced return of rejected asylum
seekers to their countries of origin or safe third countries.
Note The new legislation
also introduces the offense of illegal residence, punishable by
two to five years in prison and a fine of 5 000 euros. “Third-country nationals
subject to return orders will be detained until their departure,”
warned Minister of Migration and Asylum Athanasios Plevris. The
possibility for rejected asylum seekers to obtain a residence permit
after seven years of residence in Greece is also eliminated. Finally,
prison sentences of at least three years are provided for foreign
nationals subject to return orders who return to Greece without
proper documentation. The law, coming two months after the suspension
of asylum application reviews for a period of three months, further tightens
Greek migration policy.
84. The left-wing opposition, international bodies, and NGOs strongly
challenged these measures. On 29 August 2025, The United Nations
High Commissioner for Refugees (UNHCR) stated that certain provisions of
the law “risk penalizing people in need of international protection
[…] including for example asylum seekers whose claims have not been
assessed on the merits but have been rejected as inadmissible on
the grounds of the ‘safe third country’ concept”.
Note Indeed,
since 2021, Greece recognises Türkiye as a safe third country for
asylum seekers from Syria, Afghanistan, Pakistan, Bangladesh, and
Somalia.
85. For their part, the Greek authorities claim they have managed
to put an end to the inhumane conditions experienced by asylum seekers
during the first years of the refugee crisis, such as those in the
Moria and Idomeni camps. They claim that the country, despite remaining
one of the main entry points for migrants into Europe, has transitioned
from a state of chaos to a system of controlled border management,
in anticipation of the entry into force of the European Pact on
Migration and Asylum, adopted in 2024 and whose main provisions will
come in force on 12 June 2026.
Note This legislative package
Note aims to address the many shortcomings
of European asylum policy by strengthening border controls, notably
to reduce irregular arrivals, and by organising the management of
asylum, particularly in crisis situations. On 3 March 2020, the
President of the European Commission Ursula von der Leyen stated:
“The Greek authorities are facing a very difficult task in containing
the situation […]. This border is not only a Greek border, but it
is also a European border […]. I thank Greece for being our European
shield in these times.”
Note
86. The Ministry of Migration and Asylum refutes the criticism
expressed by NGOs concerning the lack of medical care and social
assistance in the system of encampment.
Note He
underscored his commitment to the social integration of third-country
nationals, particularly unaccompanied minors,
Note families,
Note asylum seekers from
countries deemed unsafe, and beneficiaries of international protection.
The General Secretariat of Vulnerable Persons and Institutional
Protection (GSVPIP) exercises strategic, coordinating and institutional responsibilities
regarding the protection of minors – especially those unaccompanied
or separated from their families –, persons with disabilities, persons
with serious illnesses, pregnant women, single parents with underage
children, victims of trafficking, victims of torture or other forms
of serious violence, and elderly persons. This entity was stablished
in 2023
Note and
falls under the responsibilities of the Minister of Migration and
Asylum.
10.2 Accidents
at sea
87. On 14 June 2023, the Adriana,
a trawler carrying approximately 750 migrants – mostly from Egypt,
Syria, and Pakistan – sank in international waters off the coast
of Pylos, in the Ionian Sea. Only 104 people survived. The Greek
port authorities stated that the migrants followed the smugglers’
orders, which were to refuse any assistance and to carry on at all
costs, because their goal was to reach Italian territorial waters.
In any case, the Greek coastguards claimed they remained nearby
to rescue the migrants if necessary, and, when the fishing boat
capsized and eventually sank, launched a large-scale search and
rescue operation.
88. However, last November, more than two years after the disaster,
the current head of the Greek Coast Guard and three other senior
officers of the Port Police were prosecuted for failure to assist
a person in danger and involuntary manslaughter. The prosecutor
of the Court of Appeals confirmed several serious failures on the
part of Greek authorities that led to the shipwreck. He asserted
that no rescue or hazard prevention operation was initiated, even
though the Italian Maritime Rescue Coordination Centre and a vessel
from the border surveillance agency Frontex had warned the Greek
coast guard of the presence of this ship overloaded with migrants
in their area of operation. The prosecutor’s office also notes that
more than fifteen hours elapsed between the first distress alert
regarding the Adriana and the Greek coastguard’s intervention.
89. For his part, still last November, the Greek Ombudsman questioned
why the Ministry of the Navy had still not initiated disciplinary
proceedings against the coast guard and deemed that this lack of
response from the government “contributes little to boosting the
morale of the cadres of the Hellenic Coast Guard, the men and women
who perform their duty honourably and scrupulously. Just as it does
little to protect the prestige of the Force and its international
reputation.” Over the past fifteen months, two successive heads
of the Hellenic Coast Guard have retired.
90. Again, just recently, on 3 February 2026, fifteen migrants
died after a speedboat carrying them collided with a Greek coastguard
vessel off the coast of the island of Chios. Two members of the
coastguard were also taken to hospital, with one man discharged
and a woman held for further examinations after suffering what officials
described as a “mild concussion”. Greek authorities said the speedboat
was making dangerous manoeuvres and that a pursuit was under way
at the time of the collision. Twenty-four people, most of them of Afghan
nationality, were rescued. The incident comes amid continued scrutiny
of Greece's handling of migrant crossings following the Pylos shipwreck.
The Minister of Migration and Asylum said the deaths were a “tragic incident”
while speaking during a debate in parliament about toughening criminal
penalties against traffickers.
10.3 Pushbacks
91. In January 2025, the European
Court of Human Rights judged that Greece carries out a “systematic practice”
of pushbacks and that “in the current state of national practice,
domestic remedies indicated by the Government are not effective
concerning complaints stemming from
refoulement as
such and other alleged violations of the Convention perpetrated
in the course of said refoulement.”
Note To
date, no pushback case has proceeded before the Greek Courts beyond
the criminal preliminary examination stage. Public prosecutors have
continued to shelve investigations into allegations of pushbacks,
claiming insufficient indications of wrongdoing. Criminal complaints
submitted by NGOs have been routinely archived as unfounded. In
addition, the Greek administrative authorities did not take effective
disciplinary action to ensure the accountability of officials implicated
in fundamental rights violations. Official figures shared by the
government in late 2025 in response to parliamentary questions revealed
that none of the 42 sworn administrative inquiries conducted into allegations
of fundamental rights violations from 2019 to 2025 have led to disciplinary
action against Hellenic Coast Guard officials, and that out of the
39 disciplinary cases conducted against Hellenic Police officers
for pushbacks in the same period, 25 were concluded, 8 were assessed
and shelved and 6 were pending, but none led to disciplinary sanctions.
92. In a recent article,
Note the BBC claimed
that the Greek police recruited migrants to violently push other migrants
back across its land border with Türkiye. In spite of the Prime
Minister’s denials, the BBC contends it has pieced together information
from migrants, former mercenaries, boarder guard sources, official
documents and leaked transcripts.
11 Conditions
of detention
93. The Council of Europe European
Committee for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT), in a report on its periodic visit in January
2025 published on 4 March 2026,
Note along with the Greek authorities’
response, once again calls on Greece to address the persistent problems
of prison overcrowding, poor detention conditions, and staff shortages.
The report examines the treatment and conditions of detention of
inmates in seven men’s prisons and two women’s prisons, as well
as in several police facilities. The findings of the 2025 visit
confirm that the structural problems of overcrowding and severe
staff shortages, exacerbated by additional shortcomings in the prisons
visited, continue to undermine the proper functioning of the prison
system. As a result, many prisoners are held in poor and dangerous
conditions.
94. Detention conditions in men’s prisons continue to fall short
of acceptable and legal minimum standards. Urgent improvements should
focus on reducing cell occupancy rates, investing in maintenance,
improving hygiene, and expanding the range of activities offered
to inmates. In addition, prisoners placed in solitary confinement
or isolation units should have daily access to an outdoor area and
adequate supervision. The CPT also calls for a coherent strategy
to reduce the prison population that prioritizes alternatives to
imprisonment and non-custodial measures.
95. Staffing levels were insufficient in all the prisons visited,
in some instances allowing the most powerful groups of inmates to
act with impunity. The CPT calls for the implementation of a national
strategy aimed at preventing violence among prisoners, prioritizing
increased staffing levels and the training and support of staff. Furthermore,
long-standing structural deficiencies in the provision of healthcare
remained evident in all prisons visited. The CPT calls for substantial
investment and a comprehensive reform of health services in prisons, based
on a needs assessment.
96. The report also assesses the situation of prisoners with disabilities,
older prisoners, and transgender individuals deprived of liberty,
many of whom unmet needs and did not receive adequate support. Concerning women
in prison, the CPT deplores the insufficient use of non-custodial
alternatives and community-based measures for women, including pregnant
women and mothers of young children. The CPT received several allegations
of physical ill-treatment of female prisoners by male prison staff.
Self-harm should not be punished with disciplinary sanctions, and
restraints should not be used against women following such incidents.
97. The CPT has again received credible allegations of physical
ill-treatment of detainees by the police, with the aim of extracting
confessions or punishing certain behaviours. It calls for additional
measures to be taken to actively promote a professional police culture
within the Hellenic Police. Such measures should be supported by
the implementation of safeguards from the outset of deprivation
of liberty, the adoption of non-coercive interrogation techniques,
the systematic electronic recording of police interrogations, and
greater police accountability. The CPT also examined several deaths
that occurred in police premises, including that of a foreign national
in September 2024 at a police station, and noted that several cases
could have been prevented. It recommends improving the care and
supervision of vulnerable or at-risk persons, and requests information
on the results of the investigation conducted into this death.
98. Acknowledging the key role of the CPT in the reform process,
the Greek authorities have presented a new 2025-2030 action plan
for the overhaul of the prison system, under the coordination and
supervision of the Prime Minister's office. According to the CPT,
this comprehensive reform plan, detailed and quantified, represents
a significant advance in both cooperation and strategic planning
to address the prison crisis. The Greek authorities provided detailed
replies to the CPT’s recommendations, and several of them have already been
implemented fully or partially. Legislative changes and substantial
investments in infrastructure aim to improve detention conditions
and bring Greek prisons in line with CPT standards.
12 Strategic
lawsuits against public participation
99. NGOs have reported several
cases of judicial harassment against human rights defenders, which
can be considered as strategic lawsuits against public participation
(SLAPPs).
Note These charges are seen as a retaliation
for their work defending the rights of migrants, including “participation
and membership of a criminal organisation”, “facilitating the entry
into Greek territory of a third-country national” and “facilitating
the unlawful residence of a third country national for profit and
on a repeated basis.” Yet, the
Anti-SLAPP
European DirectiveNote is clearly aimed
to curb the weaponisation of litigation against journalists, civil
society organisations and human rights activists. It provides cross-border
safeguards, early dismissal of manifestly unfounded claims, and
a right to compensation. Now in its transposition phase, EU Member
States are expected to align national laws with the text. The Greek
authorities are urged to take proactive steps to ensure its timely
and effective implementation. Nevertheless, beyond individual cases,
the strengthening of the legal arsenal against human right defenders
seems problematic.
100. A 2022 law established a “Registry of Greek and foreign non-governmental
organisations”,
Note operated by
the Special Secretariat for the Coordination of Stakeholders of
the Ministry of Migration and Asylum. The latter is responsible
for registering in it “all Greek and international volunteer organisations
and civil society organisations that meet the minimum necessary
requirements for participation in the implementation of actions related
to international protection, migration, and social integration.
Non-profit organisations, volunteer organisations, and any similar
organisation, whether Greek or international, that is not registered
in the registry may not participate in the implementation of actions
related to international protection, migration, and social integration
within Greek territory, and in particular in the provision of legal,
psychosocial, and medical services [, or] in the provision of material
reception.” The article adds a heavily restrictive framework in
terms of statute, staff competencies, funding and audit of the relevant
organisations.
101. Such registries are widely criticised, including by the Conference
of INGOs of the Council, who said it was detrimental to “freedom
of association and the protection of civil society space.”
Note The new proposals follow
on from a range of measures introduced last year dealing with transparency
and preventing criticism by NGOs of the government's migration policy.
102. Furthermore, a very recent law
Note appears to exert
a higher degree of coercion on the activists acting on behalf of
a registered NGO, as it introduces a threat of criminalizing their
activities. Certain misdemeanours are transformed into criminal
offences, if committed by members of a group entered in the country's
registry of NGOs. The mere membership in such a registered organisation
will reclassify incrimination such as facilitation of illegal stay,
or refusal to hand a travel document, to felony.
103. Its Article 15 (“Obligations of Private Individuals and Public
Officials and Penalties”) amends as follows Article 24 of the Immigration
Code: if “a member of a non-governmental organisation (NGO) registered
in the Registry of Greek and Foreign NGOs under Article 78 of the
Code of Legislation on the Reception, the international protection
of third-country nationals and stateless persons, and temporary
protection in the event of a mass influx of displaced foreigners”
“facilitates the entry into or exit from Greek territory” or “the
illegal residence of a third-country national or obstructs the investigations
of the police authorities to locate, arrest, and deportation” the
latter “without undergoing [specific] inspection [,] imprisonment
of at least ten (10) years and a fine of at least fifty thousand
(50 000) euros shall be imposed.”
104. Following the same logic, its Article 16 (“Obligations and
penalties imposed on carriers”) amends Article 25 of the Immigration
Code, concerning the obligations of those who transport third-country
nationals and the applicable penalties: “drivers of any type of
transport vehicle carrying third-country nationals from abroad into Greece
who do not have the right to enter Greek territory or who have been
denied entry for any reason, as well as those who receive them at
entry points, at external or internal borders, in order to transport
them into the country or to the territory of another EU Member State
or a third country, or who facilitate their transport or provide
them with accommodation for the purpose of concealment, shall be
punished […] with imprisonment of at least ten (10) years and a
fine of sixty thousand (60 000) to one hundred thousand (100 000)
euros for each person transported, if the perpetrator […] is a member
of a non-governmental organisation (NGO) registered in the Registry
of Greek and Foreign NGOs under Article 78 of the Code of Legislation
on the Reception, international protection of third-country nationals
and stateless persons and temporary protection in the event of a
mass influx of displaced foreigners.”
105. The Greek authorities claim that police officers, coastguards
and all employees of public administration are subject to the same
requirements to remain vigilant against traffickers, so as not to
be instrumentalised or even weaponised. The ombudsman himself expresses
mix feelings about the registration: he endorses the principle,
insofar as it promotes transparency, but underlines that the very
bureaucratic and demanding requirements for registration are a burden
for many of NGOs.
106. Upon the decision of the Monitoring Committee, a request was
submitted on 29 June 2026 to the Venice Commission for an urgent
opinion to clarify the legality of Greek Laws 4939/2022 and 5275/2026
concerning human rights defenders supporting migrants, refugees
and asylum seekers in Greece. The Venice Commission informed that
its opinion will unfortunately not be ready before this report is
discussed in Committee but that it should be issued before the autumn
part-Session: if relevant, its findings and conclusions will be
dealt with in an addendum to the report.
