- 20 3.
Safeguards against the ill-treatment of detained persons
a.
introduction
32.
The CPT attaches particular importance to the safeguards against ill-treatment which are
offered to persons deprived of their liberty by the police, in particular the rights of detained persons
to inform a close relative or another third party of their situation, to have access to a lawyer, and to
have access to a doctor. As the Committee has repeatedly stressed, these are fundamental rights
which should be enjoyed by all categories of persons (including persons detained under Aliens’
legislation) from the very outset of their deprivation of liberty (that is, from the moment when the
persons concerned are obliged to remain with the police).
Further, persons detained by the police should be expressly informed, without delay and in a
language they understand, of all their rights, including those referred to above.
b.
criminal suspects held in a police or border guard station
33.
As has already been indicated in previous CPT reports, the Greek Code of Criminal
Procedure provides immediate access to a lawyer "at the most early stage" for persons held in a
police station under criminal investigation.28 The Greek Criminal Code also states that a lawyer
must be present during questioning and that a request for access to a lawyer may never be refused.29
In addition, the Circular (Protocol 4803/22/44) of 4 July 2003 issued by the Greek Chief of
Police on “Treatment and rights of persons detained by police authorities” recalls the legal
obligations upon the police to protect fundamental human rights of persons deprived of their liberty,
and makes specific reference to both Greek and international law. It mentions inter alia, the right to
a doctor's examination, including by a doctor of the detained person’s own choice, the right to
communication with relatives and the right to be fully informed about all the rights to which he/she
is entitled during the period of detention. The Protocol also reiterates the detained person’s right of
access to a lawyer.
28
29
See Article 96 (1) Code of Criminal Procedure.
See Articles 100, 104 (1) and 105 Code of Criminal Procedure.
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