- 22 A similar case was encountered at Moschatou Police Station in Piraeus, where the
delegation’s psychiatrist expressed concern at the behaviour of a Ghanian national, and
recommended that he be properly assessed. By letter of 23 November 2009, the Greek authorities
informed the CPT that the man had refused to be transported to hospital for an assessment, and that
he had been deported two days later, on 27 September 2009.
The CPT recommends that steps be taken to ensure proper care for persons with
mental health problems detained by the police.
iii.
notification of custody
37.
As regards the right to inform a third person of one’s detention, the CPT’s delegation
received contrasting information: in some police stations this right appeared to be diligently
complied with, while in others this was not the case.
The CPT has advocated in previous reports33 that any possibility, exceptionally, to delay
exercise of the right to inform a third party of one’s custody should be clearly circumscribed in law.
As far as the CPT is aware, no such legal regulation has been adopted.
The CPT calls upon the Greek authorities to take immediate steps to ensure that
persons deprived of their liberty by law enforcement officials have an effective right to notify
a close relative or third party of their choice of their situation, as from the very outset of their
deprivation of liberty. Further, legal provisions should be adopted spelling out the
circumstances when the exercise of the right to inform a third party of one’s custody can be
delayed and making any such delay subject to appropriate safeguards (e.g. any delay to be
recorded in writing along with the reason, and to require the approval of a prosecutor or
judge) and strictly limited in time.
iv.
information on rights
38.
In many police and border guard stations visited, an information sheet detailing the rights of
detained persons was available in various languages. The information sheet explicitly refers to the
right of access to a lawyer and the right to inform a third person. However, this sheet does not refer
to the right of access to a doctor.
At certain police stations visited by the delegation, such as Orestiada Police Station,
detained persons said that they had been informed of their rights at the outset of the detention in a
language they could understand. However, many foreign persons interviewed complained that they
were unable to read the information on the sheet, as they had only received a version in Greek, or
that they had not been given the information sheet promptly.
33
See CPT/ Inf (2006) 41, paragraph 38.
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