- 19 This raises an issue under Article 8, paragraph 2 (d), of the Convention which the CPT
intends to pursue further in due course. However, without prejudice to its position on that issue, the
CPT would like to receive full details of the progress being made in the criminal investigation
into Mr Suleyman's death.
The CPT would add that it is grateful to the Minister of Justice for the information
concerning this case provided in her letter of 24 March 1993.
3.
Formal safeguards against the ill-treatment of persons detained by the police
a.
34.
introduction
The CPT attaches particular importance to three rights for persons detained by the police:
-
the right of those concerned to have the fact of their detention notified to a close
relative or third party of their choice,
-
the right of access to a lawyer,
-
the right to a medical examination by a doctor of their choice (in addition to any
medical examination carried out by a doctor called by the police authorities).
The CPT considers that these three rights are fundamental safeguards against the illtreatment of persons in detention, which should apply from the very outset of custody (i.e. from the
moment when those concerned are obliged to remain with the police).
35.
Furthermore, in the view of the CPT, persons taken into police custody should be expressly
informed without delay of all their rights, including those referred to in paragraph 34.
b.
notification of custody
36.
As far as the CPT has been able to ascertain, there are no specific legal provisions in Greece
on the subject of the right of persons arrested by the police to inform a close relative or third party
of their choice of their situation. Police officers spoken to indicated that a request by an arrested
person to make such a notification would normally be refused until such time as he had been
charged with an offence by the police and brought before the public prosecutor; this would mean
that the possibility of making such a notification is usually denied for up to 24 hours (cf. also
paragraph 14).
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