-5> In accordance with the provision of par. 1 of article 23 of P.D. 120/2008, the investigation of the
disciplinary offences presumed to have been committed by policemen against citizens, is preceded of the
investigation of any other disciplinary offences while, per article 10 par. 1 case c’ of the same Presidential
decree, actions consisting tortures or other insults of the human dignity in the meaning of section 137A of
penal Code, incurs the penalty of dishonorable discharge. Regarding the cases the reasoning of which is
verified, there are imposed the provided sanctions against the offender police officers. In this case, the
exercise of disciplinary prosecution lies with their Police seniority rank and not with the Directors of Police
Directorate level (article 22 of P.D. 120/2008) while the disciplinary interrogation is obligatory entrusted to
officers of other Directorates (article 26 par. 4 of P.D. 120/2008) with the exception of the general police
Directorates of Attica and Thessalonica, the Sub-Directorates of Administrative examinations of which are
entitled to carry out these interrogations and the indicted police officers are not administratively subject to
them.
> By virtue of the new Disciplinary law for the Police personnel (P.D. 120/2008 – GG issue A’ 182/02-092008):
(i) Art. 10 of P.D. 120/2008 provides a new offence incurring the penalty of dishonorable discharge, the
exceptionally indecent or undignified for police officer conduct into or off his service.
(II) There have been upgraded and punished with a graver penalty (lay off, dismissal – article 11 –
instead of lay off temporal suspension) with ancillary clause, offences such as:
a) Any action contradictory to the official duty or consisting serious neglect or incompatible to the police
officer’s capacity conduct if another provision does not punish it with a graver penalty.
b) The cruel behavior to citizens does not fall to case c’ of par. 1 of article 10.
> The disciplinary legislator with the provision of par. 1 of art. 21 of P.D. 120/2008 follows the principle of
legality in the exercise of the disciplinary prosecution by establishing as duty (obligation) of the competent
disciplinary bodies to exercise it ipso jure when apply the provided for this purpose terms and conditions
(articles 4, 6, 7, 25 and 26 of P.D. 120/2008).
> In compliance with the above recommendation, it has been issued the no: 6004/12/50-a’ of 16-062011 order of the Head of Army staff of the Hellenic Police Head quarters (copy of which is attached
herein) by virtue of which it is reminded to all personnel of the Hellenic Police the major provisions from
which derive the obligation for the protection of human life, respect of human dignity, prohibition of
discriminations, tortures and any cruel or humiliating treatment and punishment concerning the issue of the
protection of citizens right and the behavior in general of the police officers against the citizens, pointing out
to them that this is an of ultimo importance issue for the Hellenic Police headquarters and in cases which, it
will be verified via an administrative inquiry any violation of these principles and values , shall be imposed
into the frame of the expressed will of the political and physical leadership for a zilch tolerance in issues of
violation of human rights, strict disciplinary sanctions, having also be pointed out that in cases of any
information identical of possible individual’s abuse, the administration must be effectively activated in
accordance with the provisions of P.D. 120/2008 “Disciplinary Law of Police Personnel” for its investigation
and imputation of the prorate with the gravity of action disciplinary sanctions, giving thus the sense that such
actions will always be punished.