- 12 II.
FACTS FOUND DURING THE VISIT AND ACTION PROPOSED
A.
Police establishments
1.
Preliminary remarks
13.
The CPT's delegation carried out visits to three quite distinct types of police establishment:
police stations and headquarters (in Athens, Larissa and Thessaloniki), the delegation focusing its
attention on detention facilities and criminal investigation departments; "transfer centres" (at Athens
and Piraeus), which provide temporary accommodation to prisoners, both on remand and sentenced,
being moved from one part of the country to another as well as to persons subject to expulsion
procedures under the Aliens legislation; and an aliens holding centre (close to Athens), which had
very recently been opened in order to decongest the detention facilities at Athens Police
Headquarters.
14.
Under Greek law, persons may be arrested by the police on the basis of a judicial warrant or
in flagrante delicto, a concept which is applied somewhat more broadly than being caught while
actually committing a crime. Such persons must be brought before a public prosecutor at the latest
within 24 hours of their arrest and referred to the competent judge. The judge must decide within
three days either to release the person concerned or issue a warrant of imprisonment. A two-day
extension of this time limit is possible in certain cases, in particular if the person concerned requests
such an extension in order to prepare his defence. During this period of up to five days following
his initial appearance before a judicial authority, the arrested person habitually remains in the
custody of the police.
In the course of the visit, the CPT's delegation received information to the effect that in
some cases a period considerably in excess of 24 hours might elapse before a person arrested by the
police is brought before a public prosecutor; this apparently occurred in particular if the person
concerned was arrested at night or shortly before (or during) a weekend. The CPT would like to
receive the comments of the Greek authorities on this question.
15.
In addition to criminal suspects, persons detained on the basis of the Aliens legislation are
often held in ordinary police establishments, on occasion for considerable lengths of time. However,
there is some movement towards the setting up of specific detention centres for such persons.
16.
Acts of torture and other infringements of human dignity by public servants and members of
the armed forces are the subject of specific provisions in the Greek Penal Code (Article 137,
paragraphs a. to d.), in addition to falling within the scope of more general provisions of the Code.
Especially heavy penalties are foreseen, inter alia, when certain particular types of torture are used:
beating of the soles of the feet (falaka), electric shocks, mock executions and hallucinogenic
substances.
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