- 14 17.
The best possible guarantee against ill-treatment is for its use to be rejected by law
enforcement officials. This implies strict selection criteria at the time of recruitment of such
officials and the provision of adequate professional training (cf. CPT/Inf (94) 20, paragraphs 27 and
28); such training should be pursued at all levels of the law enforcement agencies' hierarchy, and
should be ongoing. The CPT recommends that the Greek authorities seek to integrate human
rights concepts into practical professional training for high-risk situations, such as the arrest
and questioning of suspects. This will prove more effective than separate courses on human rights.
18.
Another effective means of preventing ill-treatment of persons deprived of their liberty lies
in the diligent examination by the relevant authorities of all complaints of such treatment brought
before them and, where appropriate, the imposition of a suitable penalty. This will have a very
strong deterrent effect. Conversely, if the relevant authorities do not take effective action upon
complaints referred to them, those minded to ill-treat persons deprived of their liberty will quickly
come to believe that they can act with impunity.
As had been the case during previous visits (cf. CPT/Inf (2001) 18, Part I, paragraph 18),
several of the persons interviewed by the delegation stated that they had tried to complain about the
manner in which they had been treated by the police to the prosecutor or judge before whom they
had been brought during or at the end of their custody, but that those authorities had displayed little
interest in their complaints. Others indicated that they had been discouraged from complaining,
including by their own lawyers, on the grounds that it would not be in their best interests.
19.
As the CPT has stressed in previous reports, it is axiomatic that prosecutors and judges must
take appropriate action when there are indications that ill-treatment by the police may have
occurred. In this regard, the CPT recommends that whenever criminal suspects brought before
a prosecutor or judge allege ill-treatment by law enforcement officials, the prosecutor/judge
record the allegations in writing, order immediately a forensic medical examination and take
the necessary steps to ensure that the allegations are properly investigated. Such an approach
should be followed whether or not the person concerned bears visible external injuries.
Further, even in the absence of an express allegation of ill-treatment, the prosecutor/judge
should request a forensic medical examination whenever there are other grounds to believe
that a person brought before him could have been the victim of ill-treatment.
Appropriate steps must also be taken to ensure that persons who may have been
victims of ill-treatment by law enforcement officials are not dissuaded from lodging a formal
complaint.
20.
Further, persons taken into police custody who are subsequently released without being
brought before a public prosecutor or judge should be able themselves to solicit a medical
examination/certificate from a forensic institute; the CPT's recommendation in this respect (cf.
CPT/Inf (2001) 18, Part I, paragraph 19) has yet to be implemented and hence must be
reiterated.
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