reasonable doubt that the bruises on the applicant’s head pre-dated his questioning
at the police station, and found a violation of article 3.39
C) The Greek Ombudsman
The Greek Ombudsman issued in 2004 a special report titled “DisciplinaryAdministrative Investigation of Complaints against Police Officers”. Out of 176
complaints received by the Greek Ombudsman concerning the behavior of police
officers, 26 concerned brutality and/or ill-treatment. The outcomes of the Greek
Ombudsman’s survey in relation to all filed complaints were the following: a) crucial
factors for the reliability of the conducted investigations are the strict
implementation of the disciplinary procedure and the sufficiently reasoned decision
in writing, b) whereas the legal framework aims at providing the investigation of
the most serious offences with increased guarantees, in practice there is extensive
use of the informal procedure, c) there is lack of initiating Sworn Administrative
Inquiries in cases where there were evidence to justify disciplinary proceedings,
even in cases where the alleged treatment would fall under article 3 of the ECHR,
d) in cases where the investigation was conducted by the Commanding Officer of the
involved police station there were indications of less scrutinized investigation that
the one required on the basis of the available evidence. For that reason the
assignment of the investigation to an Officer of another Directorate should be
expanded in all internal police investigations. e) the Greek Police could enhance the
transparency and reliability of its internal investigations by consistently
suspending the officer against whom a Sworn Administrative Inquiry has been
initiated for a serious disciplinary offence. f) a number of violations of the principle
of full and reasoned evaluation of evidence has been substantiated. g) there are
serious and fundamental violations of the rules regarding the evidentiary
procedure, h) there are shortcomings with regard to substantive and efficient
reasoning of decisions, i) there is an abusive expansive interpretation of the
provisions regarding the discretionary powers for conducting a disciplinary
39
Stefanou v. Greece, Judgment of 22 April 2010, par. 49-52.
13
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