Academies. At the same time it is not in favour of the establishment of a new
independent service for the investigation of ill-treatment complaints considering the
existing framework sufficient and effective.
Β) European Court of Human Rights
Bekos and Koutropoulos32 case concerned the beating of the two complainants
by police officers during arrest and questioning. ECtHR took the view that that acts
of the police constituted inhumane and degrading treatment in violation of article 3
ECHR. Furthermore, regarding the procedural aspect of article 3, the ECtHR held
that: “on several occasions, during both the administrative inquiry that was
conducted into the incident and the ensuing judicial proceedings, it has been
acknowledged that the applicants were ill-treated while in custody. However, no
police officer was ever punished, either within the criminal proceedings or the
internal police disciplinary procedure for ill-treating the applicants. […] It is further
noted that the involved officers were not at any time suspended from service,
despite the recommendation of the report on the findings of the administrative
inquiry. In the end, the domestic court was satisfied that the applicants’ light
clothing was the reason why the latter got injured during their arrest. Thus, the
investigation does not appear to have produced any tangible results and the
applicants received no redress for their complaints.”33 Thus, the ECtHR held that
there article 3 was violated due to lack of effective investigation.
The Alsayed Allaham34 case concerned the beating of the complainant by
police officers when he went to a police station to report a robbery. After the
disciplinary proceedings were concluded the involved police officers were fined,
whereas the one who was criminally prosecuted was acquitted. The ECtHR recalled
that: “where a person is injured while in detention or otherwise under the control of
the police, any such injury will give rise to a strong presumption that the person
was subjected to ill-treatment. It is incumbent on the State to provide a plausible
Bekos and Koutropoulos v. Greece, Judgment of 13 December 2005.
Ibid., par. 54.
34 Alsayed Allaham v. Greece, Judgment of 18 January 2007.
32
33
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