- 18 27. More specifically, investigations into allegations of ill-treatment should satisfy the requirements for an effective investigation as reflected in the case law of the European Court of Human Rights. Reference should also be made to the 1999 United Nations Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (‘Istanbul Protocol’), which inter alia states that such a type of investigation should be carried out by investigators who shall be independent of the suspected perpetrators and the agency they serve21, in addition to being conducted promptly and effectively. By contrast, in Greece, according to the 2008 Decree on Police Discipline, investigations into allegations of physical ill-treatment22 and of other disciplinary offences are normally initiated and carried out by the local police force to which the accused police officer belongs. In general, the procedure commences with a Preliminary Official Inquiry, upon the decision of a superior officer of the law enforcement official concerned, and following a written complaint23; the Inquiry is carried out by either the superior officer or by another senior officer appointed by him.24 25 Only in cases where there are clear indications that a serious disciplinary offence may have been committed, will a so-called Sworn Administrative Investigation be initiated.26 This investigation is carried out by a police officer belonging to a different administrative entity than that of the law enforcement official concerned.27 If the investigation finds that the allegation is founded, punishment is decided upon by a disciplinary board (composed of police officers) or the file is communicated to the competent pubic prosecutor (in the event of the threshold for a criminal offence having been reached). 28. In addition to making a complaint to the police, which currently appears to represent a highly unattractive option for many would-be complainants, allegations of ill-treatment may also be lodged directly with the prosecutor. According to the circular of 4 June 2008 by the Chief Public Prosecutor, prosecutors receiving an allegation of ill-treatment are under an obligation to initiate a criminal investigation, including a medical examination by a forensic doctor. The CPT understands that criminal investigations into alleged police ill-treatment by the police are usually carried out by the local police services but that they may be transferred to the Ministry of Interior’s Internal Affairs Department in Athens, particularly as regards high profile cases. 21 22 23 24 25 26 27 See Istanbul Protocol, paragraph 79. Article 10 (1) c, Decree on Police Discipline. Article 23 (2) and (3), Decree on Police Discipline. Article 24 (2) and (3), Decree on Police Discipline. According to the Greek authorities, Article 243 of the Criminal Procedure Code imposes an obligation on the police force to report all allegations of ill-treatment by police officers to the public prosecutor. However, Article 243 of the Criminal Procedure Code concerns the authority of the Greek police to initiate a criminal investigation without the prior consent of the public prosecutor either in the event of an offender having been caught in the act, or in the presence of direct risk or danger. Article 26 (1) and (2) and Article 32, Decree on Police Discipline. Article 26 (3), Decree on Police Discipline. In practice, such investigations into allegations of police illtreatment in the Attica and Thessaloniki regions, are being carried out by the Sub-Directorates of Administrative Investigations. For the other regions, the administrative investigation is assigned to police officers of a different Police Region.