investigation. j) sanctions are imposed only in the cases of particularly serious
offences, possibly due to publicity. k) the sanctions provided by the legal framework
do not always correspond to the severity of the offences. Thus, the commanding
officers are led to the mitigation of their findings.
D) Other Monitoring Bodies and Institutions
The question of police ill-treatment and efficient investigation of relevant
complaints has been addressed also by both the Committee against Torture and the
European Commission against Racism and Intolerance. Both bodies acknowledge
the fact that the situation is problematic without referring to specific incidents.
Furthermore, the Human Rights Committee in the case Kalamiotis,40 which
concerned ill-treatment during arrest, took the view that there had been a violation
of article 2 par. 3 ICCPR in conjunction with article 7 because of the inefficient and
prejudicial investigation of the complaint. The disciplinary procedure was limited to
an informal investigation, the complainant and the witnesses were not questioned
and the judicial council closed the case on the basis of the police investigation.
Moreover, Human Rights Watch in its Report refers to incidents of illtreatment of aliens detainees by police officers.
V. Observations
The aforementioned reports of both international and national monitoring
bodies and NGOs depict a problematic situation regarding detention conditions in
non-correctional facilities which is need of urgent both short-term and long-term
interventions. The NCHR would like to underline that in order for the problems to
be addressed effectively a holistic approach is required concerning detention
conditions in all facilities as well as the issue of undocumented migrants. Given
that these issues are interlinked, fragmentary measures will not produce viable
solutions.
40
Kalamiotis v. Greece, Communication No 1486/2006, CCPR/C/93/D/1486/2006 (5 August 2008).
14
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