b.
Furthermore, this Department is going to proceed to the
construction of a new place of detention, in order for the needs in
this area to be fully covered.
In regard to the Committee’s recommendations on this matter, we would
like to inform you the following:
1.
On the matter of the supervision by public prosecutors of the
preliminary investigations undertaken by police officers in criminal
cases (para.18, pp.23-24, CPT Report and page 58, Appendix I
thereto), we would like to inform you that according to the
investigation undertaken by investigating officers of the Hellenic
Police Forces is subject to the directions of the public prosecutor of
the Court of Magistrates, who is entitled to attend all investigating
procedures, either in person or by one of the deputy public
prosecutors under his command, and to take knowledge at any time
of all documents refereeing to the investigation (articles 31 and 33).
Therefore, the present statutory framework adequately covers this
case. It stands to reason that the attendance of public prosecutors in
all the preliminary investigation activities of the investigating police
officers is practically impossible, given the limited number of
prosecution officers.
2.
With regard to the Committee’s recommendation for the
establishment of a separate formal Code of Behavior effective in the
case of preliminary investigations conducted by investigating police
officers (para.93, pp.64-65, CPT Report and page 65, Appendix I
thereto). We would to inform you that this matter has been covered
in detail in our document Ref.No 4803/22/1 of 22 May 1997
addressed to the Ministry of Public Order, Direction of International
Police Co-operation, which is hereto attached.
Note is made, however, that given the current legislation (Code of
Criminal Procedure articles 33 et.seq.), any special statutory
regulation referring to such a Code would have to include the
procedure of the judicial investigation and regulate the conduct of
all investigating officers, without being limited to the conduct of
police officers. We believe that both the review of this particular
recommendation of the Committee and the overall handling of the
matter as well as the recommended in the First C.P.T. Report
(CPT/Inf (94) 20, par.46) supplementation of Article 137 of the
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