- 30 With reference to Article 8, paragraph 5, of the Convention, the CPT’s delegation requested
that the Greek authorities immediately take Cell N° 4 out of use until it was completely refurbished
and provided with both natural light and artificial lighting. By letter of 23 November 2009, the
Greek authorities informed the CPT that this particular cell had been refurbished and that ‘a glass
wall’ had been installed to allow access to natural light. The CPT takes note of these adaptations.
ii.
staffing
59.
In the past44, the CPT has advocated the establishment of posts of specialised custodial staff
for persons detained by law enforcement agencies, with full responsibility for detained persons,
including medical and legal oversight. In order to be fully effective, such custodial officers should
have both the authority and the responsibility to verify whether basic rights of detained persons,
such as notification of deprivation of liberty, access to a lawyer, etc., have been respected, and to
take appropriate action if this is not the case. The CPT recommends that the Greek authorities
give due consideration to the proposal to establish posts of specialised custodial staff for
persons detained by law enforcement agencies.
iii.
other issues
60.
At Thessaloniki Monasteriou Police Station, the delegation found an eight month old baby
who was being accommodated with her mother in a cell together with another woman who smoked
constantly. Little effort had been made to provide conditions for the mother to take care of her child
appropriately; neither warm water to wash the child, nor hygienic products were available, and the
mother had to rely on other detained persons to provide many basic amenities. Moreover, no
consideration had been given to transfering mother and child to a more suitable environment. An
intervention from the CPT’s delegation was necessary to convince staff that urgent action was
required.
In certain circumstances it could well be in the best interests of a child, in particular one of
very young age, to stay with his/her parents, even if they are in police custody. However, if such a
decision is taken, the authorities must ensure that appropriate conditions (including
accommodation) are offered under which parents can continue to provide parental care.
The CPT recommends that the Greek authorities issue guidelines to the police on care
of children remaining in detention with a parent.
44
See for instance CPT/ Inf (2009) 20, paragraph 18.
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