- 39 Further, foreigners who alleged ill-treatment by the police stated that they were either unaware of the possibility to file a complaint or did not know with whom it should be lodged. In this connection, it was noted that the D-34 complaints form was not given to all detained persons, contrary to the instructions of the Head of the Hellenic Police of 12 October 2010. Also, it should be noted that in Greece, an investigation into allegations of police ill-treatment is a complex legal procedure and difficult to follow, or even to understand, without legal advice; yet, few alleged victims were able to afford a lawyer to assist them during the investigation. 87. In the report on the 2009 visit, the CPT highlighted the flaws in the current system of investigations into allegations of ill-treatment by law enforcement officials. In particular, mention was made of the lack of promptness and expeditiousness in carrying out investigations; the poor quality of the forensic medical examinations; the passive role of prosecutorial or judicial authorities as regards instigating an investigation into allegations of ill-treatment; and the lack of independence of the investigative authorities. In their response, the Greek authorities made reference to Circular No 1/10 of 23 March 2010 by the Public Prosecutor to the Supreme Court ordering all complaints of police ill-treatment to be forwarded to the competent prosecutor in order to be investigated by the appropriate body. Further, it was stated that the investigation should not be carried out by a police officer serving in the same police station as the alleged perpetrators of the ill-treatment. However, from the information gathered during the 2011 visit, such as the case referred to in paragraph 85 (1) above, it would appear that the Circular has not been followed in all cases. Further, lawyers interviewed by the delegation claimed that prosecutors who are made aware of allegations of police ill-treatment rarely undertake any follow-up action. It was also said that judges tended to dismiss any allegations of ill-treatment without examining the substance of the claims. 88. Following the persistent criticism by, inter alia, the CPT on the manner in which alleged human rights violations by the Hellenic Police are investigated, the Greek authorities announced the intention to establish the Office for Incidents of Police Misconduct45. According to the draft legislation provided to the CPT, the Office will be tasked with the collection, recording and evaluation of complaints against personnel of the Hellenic Police, the Port Police, the Hellenic Coastguard and the Fire Brigade46. The Office will consist of a decision-making three member Committee (a honorary Supreme Court Judge, the State’s Legal Counsel and a honorary Prosecutor at the Supreme Court or Court of Appeal) and supporting staff, seconded from the four services under its mandate. 89. As mentioned above, the Office will be tasked with the collection of complaints against the police and the subsequent assessment whether a complaint is “credible”. In case of the affirmative, the complaint will be referred to the relevant service, which will investigate. Surprisingly, it appears that the Office plays no role in monitoring the quality of the investigation; it will only receive the outcome of the investigation. 45 46 In earlier correspondence with the CPT, the Office for Incidents of Police Misconduct was referred to as the Arbitrary Incidents Office. The Office will also be tasked with the investigation of complaints which have led to a decision against Greece by the European Court of Human Rights.