- 17 23.
In its report on the 2008 visit to Greece, the CPT made reference to “a climate of impunity
within law enforcement agencies”.18 The information gathered in the course of the 2009 visit to
Greece suggests that the situation has not improved; a reluctance to investigate allegations of illtreatment by law enforcement officials was again observed. For example, in case 2 referred to in
paragraph 18, the duty officer at Thessaloniki Monasteriou Police Station refused the delegation’s
request to arrange for a forensic medical examination of the woman in question, while vehemently
denying the possibility of any police involvement in the alleged assault. He stated that he would not
take any action until the person concerned had filed a formal written complaint, even though she
had made an oral complaint to the officer.
According to the CPT’s understanding of the relevant Greek legislation19, the allegations
should have been recorded immediately in writing by the duty officer and subsequently signed by
the complainant, in order to initiate an administrative procedure. At the time of the visit, no such
action had been undertaken in this case, nor had any criminal investigation been launched.
24.
To avoid any perception of impunity, it is crucial that effective action is taken when any
information indicative of possible ill-treatment comes to light. In this regard, it is well established
through the case-law of the European Court of Human Rights that, whenever a person was injured
while in the hands of public officials, there is a strong presumption that the person concerned was
ill-treated and the authorities’ duty is to provide a satisfactory and convincing explanation of how
the injuries were caused, failing which a clear issue arises under Article 3 of the European
Convention on Human Rights.
The CPT recommends that police officers be reminded of this precept. Further, the
CPT would like to be informed about the action taken by the Greek authorities in respect of
the apparent breach of law by the Thessaloniki police officer referred to in paragraph 23.
25.
The CPT also remains concerned about the apparent absence of an expeditious approach
when investigations into allegations of ill-treatment by police officers are initiated. For example, the
investigation into a case of alleged ill-treatment of a foreign national detained in Omonia Police
Station in Athens, highlighted in the report on the CPT’s 2008 visit to Greece20, was still pending
one year later. The CPT would like to receive an update on the investigation into this case.
26.
The credibility of the prohibition of torture and other forms of ill-treatment is undermined
each time officials responsible for such offences are not held to account for their actions. If the
emergence of information indicative of ill-treatment is not followed by a prompt and effective
response, those minded to ill-treat persons deprived of their liberty will quickly come to believe –
and with very good reason – that they can do so with impunity. This can only undermine efforts to
promote human rights principles through the professional training of police officers.
18
19
20
See CPT/ Inf (2008) 3, paragraph 3.
See Article 23 (2) and (3), Decree on Police Discipline.
See CPT/Inf (2009) 20, paragraph 12.
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