- 20 -
b.
access to a lawyer
28.
The right of access to a lawyer for a person deprived of his/her liberty is provided for in the
Criminal Procedure Code (Articles 96 et seq.), and paragraph 3 (e) of Police Circular 4803/22/44
recalls this right and the duty on the police to facilitate it. The legal situation appears clear and, on
paper, sufficient.
However, in practice, the vast majority of persons detained by the police did not have access
to a lawyer during the first few hours of their deprivation of liberty (including when they were
being interrogated by officers of the Security Department), which is when the safeguard is most
needed (see paragraph 33). Thereafter, only those persons with financial means had access to a
lawyer (including the possibility to meet with that lawyer in private) while in police detention. Even
when persons were brought before the prosecutor, up to 24 hours after being detained, they were not
always assisted by a lawyer. Only when a person is brought before the investigative judge and the
decision to remand a person in custody is being considered is a person without his own lawyer
systematically provided with an ex officio lawyer.
Moreover, from the interviews conducted by the CPT’s delegation in police stations and
prisons in different parts of the country, it would appear that the ex officio lawyer is merely a
passive spectator during the proceedings and that no effort is made to hear the views of the detained
person or to challenge remand custody. In many cases, the detained person does not even speak to
the lawyer, let alone in private, and when a conversation does take place and an allegation of illtreatment is raised, the lawyer usually advises the person not to pursue the matter (see paragraph 19
above).
29.
For access to a lawyer to become an effective safeguard for all persons detained by the
police, it is necessary to establish a system of legal aid support whereby ex officio lawyers can be
contacted by the police as soon as someone is deprived of their liberty. Further, lawyers should have
the right to be present during any interrogation of their clients, and not only, as provided by Article
100 of the Criminal Procedure Code, when a detained person becomes an “accused” person. To this
end, several Council of Europe member states have recently introduced legal provisions following
the Salduz judgment of the European Court of Human Rights.11 The time has come for the Greek
authorities to act on making this fundamental safeguard effective.
The CPT calls upon the Greek authorities to take the necessary steps to ensure that the
right of access to a lawyer becomes effective in practice as from the outset of custody. To this
end, they should elicit the support of the Bar Associations, so that all detained persons without
the means to pay for their own lawyers have rapid access to ex officio lawyers who carry out
their duties in a diligent manner.
11
European Court of Human Rights, Salduz v. Turkey, Grand Chamber judgment of 27 November 2008.
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