- 40 90.
The CPT trusts that the Greek authorities will establish a police complaints body,
which is fully independent and is sufficiently resourced to carry out effective investigations
into allegations of police ill-treatment.
4.
Safeguards against the ill-treatment of detained persons
91.
As regards the safeguards against ill-treatment advocated by the CPT (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), the situation had not changed since the CPT’s 2009 visit.
The CPT’s findings suggest that the enjoyment of the right of notification of the deprivation
of liberty to a third party is dependent of the possession of a telephone card or, alternatively, the
money to buy such a card, which was frequently not the case. In this context, it should be noted that
so far no legal provisions have been adopted spelling out the circumstances when the exercise of the
right to inform a third party of one’s custody can be delayed and making any such delay subject to
appropriate safeguards (e.g. any delay to be recorded in writing along with the reason, and to
require the approval of a prosecutor or judge) and strictly limited in time.
As regards access to a lawyer, many criminal suspects claimed to have met their lawyer for
the first time in court, after a few days of detention. This delay in access in many cases appears to
be related to the lack of financial means of the detained person. The CPT recommended in its 2009
report that the Greek authorities engage with the Greek Bar Association, in order to extend access to
legal aid scheme to the stage of police investigation, which is apparently at present not covered .
Only in this way will the right of access to a lawyer during police custody be rendered effective in
practice.
Access to a doctor outside the context of a medical urgency continues to be looked up on as
a favour to a detained person, and not as a right . Access to a doctor remained therefore dependent
on police staff.
In addition, many persons detained by the police claimed that they not received information
on the above-mentioned rights or were unable to understand the information provided.
The CPT calls upon the Greek authorities to make additional efforts to render fully
effective in practice 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, including by
means of the establishment of an adequately empowered police inspectorate.
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