- 31 56.
In light of the above, and with particular reference to the results of the forensic medical
examination that the CPT’s delegation had requested the Greek authorities to carry out on the
eleven foreigners, the Committee feels the necessity to point out:
-
Its concern that the Greek forensic doctor recorded no injuries in respect of six of the
foreigners, when only the day before the medical members of CPT’s delegation found that
all six of them displayed recent injuries;
-
Its disagreement with the conclusion in the Greek forensic medical report that the injuries
displayed in respect of the five foreigners occurred some 20 to 25 days prior to the
examination.
Moreover, the Committee considers that the superficial and cursory nature of the forensic
medical report is not in line with good practice in this field16. A forensic medical examination
should include the following minimum elements: demographic data on the patient; the patient’s
account as to how the injuries were sustained; a detailed description of each injury; a reasoned
conclusion as to the cause and time of the injuries. This was not the case with the report by the head
of the Thrace Forensic Medical Service as submitted to the CPT.
The Committee would like to receive the comments of the Greek authorities.
57.
In Mytilini special holding facility two persons claimed a senior police officer, not based at
the facility, inflicted blows upon them with a wooden baton, following a hunger strike in early July
2005. The delegation found a baton, as described by the detainees, behind a chair in the guard’s
room. The guards explained that it was "only used to intimidate detainees".
58.
As the CPT has already emphasised (cf. paragraph 18 above) one of the most effective
means of preventing ill-treatment by law enforcement officials lies with the diligent examination by
the competent authorities of all evidence of such treatment brought before them and, where
wrongdoing emerges, the imposition of appropriate disciplinary and/or criminal penalties. In this
connection, by letters of 9 October 2005 and 12 January 2006 the Greek authorities informed the
CPT that they had opened Sworn Administrative Examinations in respect of the Committee’s
findings in both the Mytilini and the Venna special holding facilities for aliens. The CPT would
like to receive information on the outcome of these sworn administrative examinations.
Further, the CPT recommends that the Greek authorities ensure that the
recommendations made in paragraphs 16 and 17 are implemented equally vis-à-vis law
enforcement officials charged with supervising special holding facilities for foreigners.
16
cf. Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (General Assembly Resolution 55/89, December 4 2000).
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