- 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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