-911.
By contrast, the CPT’s delegation received few allegations of ill-treatment of irregular
migrants by law enforcement officials. The allegations that were received consisted mainly of slaps,
kicks and verbal insults; these allegations often appeared to relate to situations where the migrant
had not understood a staff instruction due to language barriers. Also, various interlocutors told the
delegation of an incident at Feres Border Guard Station some two months before the visit, during
which border guards and police officers entered one of the cells wielding their truncheons, after
detainees had continued to complain about their situation. Allegations of similar retaliatory
measures were received in relation to other detention facilities.
12.
In a number of cases, the delegation’s doctors found that the persons concerned displayed
injuries which were consistent with their allegations of ill-treatment; for example, the CPT would
like to refer to the following case:
On 23 September at around 21h00, the CPT’s delegation met a foreign national detained in
Omonia Square Police Station, who complained of severe pain in the head and in one of his fingers4.
The man alleged that the pain in both the head and the finger resulted from having been beaten by
police officers during questioning at the police station earlier that day.
The medical examinations carried out later that night showed that the man had very recently
suffered a fracture of the right zygomatic arch5, as well as a fractured finger; these findings were
consistent with his allegations.
In a letter sent by e-mail on 31 October 2008, the Greek authorities informed the CPT that
they had opened a disciplinary as well as a criminal investigation in respect of the ill-treatment
alleged by this man. The CPT would like to be informed about the outcome of both
investigations.
13.
The information gathered during the 2008 visit indicates that apprehended persons continue
to run a considerable risk of being ill-treated by law enforcement officials. The CPT recommends
that the Greek authorities make strenuous efforts to combat this phenomenon.
In this respect, the CPT welcomes the instruction of 4 June 20086, by the Prosecutor at the
Court of Cassation, which directs prosecutors to record and investigate allegations of ill-treatment
by personnel of state bodies, including ordering a medical examination. It is particularly important
that the instruction obliges prosecution staff to initiate an investigation whenever they suspect that
ill-treatment has taken place.
However, the CPT wishes to emphasise that the investigation must be instigated
immediately after the allegations have been received by the prosecutor and be conducted in a
thorough and expeditious manner. There are examples of investigations concerning allegations of
ill-treatment reported by the CPT to the Greek authorities as far back as 2005, which are still
pending7.
4
5
6
7
In addition, the man had a severely swollen scrotum. The swollen scrotum was diagnosed as an inguinal
hernia, which was attended to at the hospital (see paragraph 23 above).
Part of the cheek bone.
Prot No: 2294/ circ. 6, referring to circular Prot. No. 2834/cir.4/31.10.2002
In one case, described in paragraph 80 of CPT/ Inf (2006) 41, the prosecutor had not yet obtained a statement
from the alleged perpetrator.