- 21 41.
In the light of the preceding remarks, the CPT recommends that steps be taken to
ensure that:
-
persons detained by the police have the right of access to an independent lawyer as
from the outset of their detention;
-
the right of access to a lawyer includes the right to contact and to be visited by him or
her (in both cases under conditions guaranteeing the confidentiality of the discussions),
as well as, in principle, the right of the person concerned to have the lawyer present
during interrogations.
d.
access to a doctor
42.
The CPT's delegation was informed by police officers that detained persons in need of
urgent medical attention were taken to the nearest hospital facility. It was also stated that a detainee
would be allowed, if he so wished, to be examined by his own doctor.
As regards more particularly Athens Police Headquarters, a doctor was normally on duty to
meet the needs of all occupants of the building (including, if necessary, detainees), and was assisted
by a police officer with nursing training. Unfortunately, neither of these persons was available to
speak with the delegation.
The delegation was also told at Athens Police Headquarters that a detainee who alleged that
he had been ill-treated could request to be examined by a forensic doctor, in which case he would
be sent to the local forensic medical service. However, such requests were apparently extremely
rare.
43.
The CPT recommends that specific legal provisions be adopted on the subject of the
right of persons in police custody to have access to a doctor. Those provisions should stipulate
inter alia:
-
that a person detained by the police has the right to be examined, if he so wishes, by a
doctor of his own choice (either for treatment or the drawing up of a forensic medical
report), in addition to any medical examination carried out by a doctor called by the
police authorities or to whom those authorities have taken the detainee;
-
that all medical examinations of detainees are to be conducted out of the hearing and unless the doctor concerned requests otherwise - out of the sight of police officers;
-
that the results of every examination, as well as any relevant statements by the detainee
and the doctor's conclusions, are to be recorded in writing by the doctor and made
available to the detainee and his lawyer.
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