- 16 The CPT recommends that the Greek authorities take the necessary steps to put in place a programme to eradicate racism from the Hellenic Police Force; support from other European countries, from the European Union and from the Council of Europe might be sought. In this context, reference should be made, inter alia, to the European Commission on Racism and Intolerance General Policy Recommendation No. 11: Combating racism and racial discrimination in policing. 19. Almost none of the persons met who alleged ill-treatment had filed a complaint against the police, citing either a fear of retribution or a concern that the crime investigators would add more serious charges to their case. Many persons said they had been expressly advised against making a complaint by their lawyers. This state of affairs was confirmed by lawyers met by the delegation, who stated that they would advise their clients not to file a complaint against the police as this might have a negative impact on their client’s case (i.e. a harsher prison sentence). A few persons who did make a complaint stated either that no follow-up action was taken by the prosecutor or judge or that the police officers then made a counter-claim that they had been attacked first. Foreigners who alleged ill-treatment by the police stated that they were either unaware of the possibility to file a complaint or did not know with whom it should be lodged. Also, it should be noted that in Greece, an investigation into allegations of police ill-treatment involves a complex procedure, which is difficult to resort to without legal advice and interpretation services; yet, most alleged victims, especially foreign nationals, were unable to afford a lawyer to assist them during the investigation. Indeed, access to a lawyer is a real problem for persons without the means to afford one (see also paragraph 28 below). The CPT recommends that the Greek authorities draw the attention of the Bar Associations to the unwillingness of lawyers to file a complaint of ill-treatment of their clients by law enforcement officials. Further, all persons deprived of their liberty by the Hellenic Police should be informed about their right to make a complaint against the police and appropriate complaints forms in relevant languages should be made available. 20. In previous visit reports,6 the CPT has highlighted the flaws in the current system of investigations into allegations of ill-treatment by law enforcement officials. In particular, mention was made of the lack of promptness and thoroughness in carrying out investigations; the poor quality of the forensic medical examinations; the passive role of prosecutorial or judicial authorities as regards instigating an investigation into allegations of ill-treatment; and the lack of independence of the investigative authorities. These same criticisms have again been made by the Council of Europe’s Commissioner for Human Rights following his visit to Greece in January 2013,7 and were also raised by the United Nations Committee against Torture in its concluding observation on Greece of 27 June 2012. Further, the European Court of Human Rights has found on several occasions that the Greek authorities have failed to carry out effective investigations into alleged incidents of ill-treatment.8 6 7 8 See, in particular, the reports on the CPT’s 2009 and 2011 visits: CPT/Inf (2010) 33, paragraphs 22 to 31 and CPT/Inf (2012) 1, paragraphs 85 to 90. See CommDH(2013)6, paragraphs 114 to 121. European Court of Human Rights, Bekos and Koutropoulos v. Greece, Judgment of 13 December 2005; Petropoulou-Tsakiris v. Greece, Judgment of 6 December 2007,; Zelilof v. Greece, Judgment of 24 May 2007; Galotskin v. Greece, Judgment of 14 January 2010; and Zontul v. Greece, Judgment of 17 January 2012.

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