Out of the spotlight: The rights of foreigners and minorities are still a grey area 37 In a landmark decision in October 2004, the naval court in Chania, Crete, found five Greek coastguard officers guilty of physically and sexually abusing a group of migrants in 2001, under Article 137 of the Penal Code. All the officers received suspended sentences.68 One of the pictures released in the press showing bruising on the leg of one of the victims © Amnesty International An internal police investigation was subsequently launched and charges under Article 137 of the Penal Code prohibiting torture were brought against two policemen. The investigation was concluded by May 2005, but the results not made public. At that time, a criminal investigation was still underway. Amnesty International wrote to the authorities urging them to ensure that, if enough evidence was gathered, the suspected perpetrators of these human rights violations should be brought to justice. The organization had also received information that despite the allegations of ill-treatment of a number of minors, the Prosecutor for Minors had not been involved in the investigation. Amnesty International 5 October 2005 In another case the same year, the Judicial Council of the Misdemeanours Court of Athens (- % ( ) on 13 October 2004 accepted the Prosecution’s proposal not to refer to trial three police officers, who were accused of ill-treating two migrants of Pakistani origin in Athens in 2000. The incident had been recorded and shown in the news report of a private TV station in Greece in December 2000. 69 The footage showed one police officer beating, punching and swearing at one of the handcuffed migrants, while the other two police officers stood by watching and laughing. The cameraman who recorded the incident also claimed that he had seen a fourth police officer punching the second migrant inside the police car. Following this publicity, Lawyers Without Borders, an NGO, filed a complaint with the Prosecutor of the Misdemeanours Court of Athens against the police officers allegedly responsible for the ill-treatment under Article 137 (§§ 1 and 2) of the Penal Code and a criminal investigation was undertaken. The Judicial Council, in its written decision ruling that the police officers should not be referred to trial, cited evidence from the Prosecution’s proposal which referred to a police officer “beating [one of the migrants] lightly on the back while trying to usher him into the police vehicle”, “kicking him without reason in front 68 One of the officers, Stylianos Dandoulakis, was found guilty of sexually abusing a man in the toilet. He was sentenced to 30 months in prison suspended for five years. Constantine Vardakis, who was charged with abetting Dandoulakis, received a 12month suspended prison sentence. Ioannis Florakis, Ioannis Lefakis and Athanassios Moumtzis, were charged with physically abusing many of the migrants. All three received an 18-month suspended prison sentence. 69 ‘Alpha’ main news bulletin, 16 December 2000. AI Index: EUR 25/016/2005

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