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II.
FACTS FOUND DURING THE VISIT AND ACTION PROPOSED
1.
Preliminary remarks
8.
The legal framework governing detention in the various establishments under the
responsibility of the Ministry of Interior has remained unaltered since the CPT’s previous visit to
Greece in 2007: for irregular migrants, the legal basis for detention is to be found in the 2005 Aliens
Act and for criminal suspects in the Code of Criminal Procedure3. For both irregular migrants and
criminal suspects, the applicable legal safeguards are formulated in Protocol No 4803/22/44 on the
“Treatment and rights of persons detained by the police authorities”.
9.
The CPT was informed that on 1 January 2009, the border guards will become an integral
part of the Hellenic Police Force. At present, the border guards are a paramilitary force tasked, in
particular, with the apprehension and detention of irregular migrants and traffickers in human
beings, operating under the responsibility of officers of the Hellenic Police. Currently, border
guards have received not more than two months training and cannot be promoted into the police
force without first passing though the regular police schooling. The CPT would like to be
informed about the practical implications of the planned integration of members of the
border guards into the police force and, in particular, whether border guards will be
considered as fully-fledged police officers. Further, the Committee would like to know
whether additional training will be provided to border guards.
2.
Ill-treatment
10.
In the course of the visit, the CPT’s delegation received a considerable number of
allegations of ill-treatment of persons held by law enforcement officials under suspicion of having
committed a criminal offence.
The alleged ill-treatment consisted mostly of kicks, punches and blows with batons, often
inflicted during questioning. Certain allegations also referred to the use of excessive force at the
time of arrest. In addition, a few persons claimed that they had been threatened with various objects;
for instance, at the Thessaloniki Monasteriou Police Station a man alleged that during a search of
his house a police officer had threatened him by holding a hot electric iron close to his head.
Another person claimed that, at the Omonia Square Police Station, he had been forced to undress
and was then ridiculed by police officers.
3
See CPT/ Inf (2006) 41, paragraph 48 and CPT/ Inf (2002) 31, paragraph 10, respectively.