- 20 3. Safeguards against the ill-treatment of detained persons a. introduction 32. The CPT attaches particular importance to the safeguards against ill-treatment which are offered to persons deprived of their liberty by the police, in particular the rights of detained persons to inform a close relative or another third party of their situation, to have access to a lawyer, and to have access to a doctor. As the Committee has repeatedly stressed, these are fundamental rights which should be enjoyed by all categories of persons (including persons detained under Aliens’ legislation) from the very outset of their deprivation of liberty (that is, from the moment when the persons concerned are obliged to remain with the police). Further, persons detained by the police should be expressly informed, without delay and in a language they understand, of all their rights, including those referred to above. b. criminal suspects held in a police or border guard station 33. As has already been indicated in previous CPT reports, the Greek Code of Criminal Procedure provides immediate access to a lawyer "at the most early stage" for persons held in a police station under criminal investigation.28 The Greek Criminal Code also states that a lawyer must be present during questioning and that a request for access to a lawyer may never be refused.29 In addition, the Circular (Protocol 4803/22/44) of 4 July 2003 issued by the Greek Chief of Police on “Treatment and rights of persons detained by police authorities” recalls the legal obligations upon the police to protect fundamental human rights of persons deprived of their liberty, and makes specific reference to both Greek and international law. It mentions inter alia, the right to a doctor's examination, including by a doctor of the detained person’s own choice, the right to communication with relatives and the right to be fully informed about all the rights to which he/she is entitled during the period of detention. The Protocol also reiterates the detained person’s right of access to a lawyer. 28 29 See Article 96 (1) Code of Criminal Procedure. See Articles 100, 104 (1) and 105 Code of Criminal Procedure.

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