III. Of course, foreign nationals have the right to employ an
attorney daring the procedure for their administrative
deportation as well; the above right is made known to
them, having to sign a relevant document, since the
moment they are arrested and taken to the police
station.
The current legislation, in the framework of the
criminal preliminary inquiry, does not provide for the
free employment of a counsel to the defendants
(nationals-aliens). However, it must be noted that
relevant provisions are promoted by the Ministry of
Justice; namely, according to the Draft Law of this
Ministry, in every case where there is a provision for the
ex officio appointment of a counsel for the defendant
by the court, by a board, or by the examining
magistrate or an investigating/examining officer, this
counsel is selected from a list drawn up according to a
specific procedure. A joint decision by the Ministers of
Justice and Finance determines the calculation and
payment of the attorney's fees. We would like to
emphasize, however, that the legislation in force does
not provide for the ex officio appointment of a counsel
by an investigating/ examining officer, a fact which our
Department intends to stress to the above mentioned
Ministry of Justice, which has forwarded to us the
Draft Law in question for our information, with a view
to covering this case as well.
IV. In general, there are provisions for the adoption of all
appropriate measures, in order to allow the detainees to
exercise in practice all of their rights, within the
framework of the existing laws and regulations. The
following are noted in regard to how the measures
referring to the information of detainees on their rights
are ensured:
(1) The Heads and Captains of Police Departments
have been assigned to supervise the application of
the above mentioned measures by police
officers, according to the same circular order of
the Chief of the Hellenic Police. The same are
responsible for the training and instruction of
police personnel leading to the full adoption and
strict implementation of said measures in practice
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