- 18 31.
The importance of the role to be played by Forensic Institute doctors and other doctors
appointed by the State to carry out forensic tasks should also be emphasised. The findings of such
doctors will carry considerable weight in legal proceedings; it is therefore essential that they be
closely associated with cases involving allegations of ill-treatment.
32.
The CPT's delegation visited the Ministry of Justice's forensic medical service in Athens on
two occasions and were left with the impression that there was considerable scope for developing
that service's contribution to the examination of cases involving allegations of ill-treatment by the
police.
The service could only act upon requests addressed to it by the judicial authorities or the
police, and the doctors spoken to stated that few such requests were received in relation to cases of
alleged ill-treatment by the police. The CPT considers it essential for State forensic services to be
authorised to accept requests for medical examinations presented to them directly by persons who
allege ill-treatment, or by their doctor or lawyer (this presupposes that these services have the
resources necessary to respond to such requests).
Further, the delegation was struck by the procedure which had been followed in one recent
case of alleged ill-treatment which had been referred to the Athens forensic medical service (by the
police). The service had been requested - and had accepted - to provide an opinion on the basis of
photographs of the injuries of the person making the allegation. Such an approach is very
unorthodox; a forensic opinion should rather be based on an interview with the person concerned
and a physical examination. The CPT would add that the certificate drawn up in cases of this kind
should contain (i) an account of statements made by the person concerned which are relevant to the
medical examination (including his description of his state of health and his allegations of illtreatment), (ii) an account of objective medical findings based on a thorough examination, and (iii)
the doctor's conclusions in the light of (i) and (ii).
It is also important that the filing system permit ready access to the findings in specific
cases, as well as the determination of the number and type of cases dealt with over a given period. It
appeared to the delegation that existing documentary practices in the Athens forensic medical
service needed to be developed.
Naturally, the independence of all doctors who perform forensic tasks should be fully
guaranteed and such doctors provided with specialised training.
The CPT recommends that the operation of State forensic medical services in Greece
be reviewed in the light of the above remarks.
33.
Finally, in the course of its visit, the CPT's delegation sought information concerning
Mr Akyar Suleyman, who died in hospital on 29 January 1991 approximately one week after having
been arrested by the police. The delegation's interest in this particular case arose from allegations
received that Mr Suleyman's death was the result of ill-treatment by the police. The delegation was
refused access to documents concerning Mr Suleyman (and more particularly the autopsy report) on
the grounds that for the time being they could not be made available, his death being the subject of a
criminal investigation.
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