- 26 The CPT considers that the fundamental safeguards afforded to persons in custody can be
reinforced (and the work of law enforcement officials facilitated) by the existence of a single and
comprehensive custody record for each person detained. Such a custody record should contain
information on all relevant aspects of a detainee's custody and action taken regarding them (time of
and reason(s) for the arrest; time of arrival on police premises; when informed of rights; signs of
injury, health problems, mental disorder etc.; contacts with and/or visits from next of kin, lawyer,
doctor or consular official; when offered food; when questioned; when brought before the relevant
judge, when transferred, released, etc.). For certain matters (for example, the removal of personal
belongings, the fact of being informed of his/her rights and of invoking or waiving them), the
detainee's signature should be obtained and, if necessary, the absence of a signature explained. The
detainee's lawyer should have access to such a custody record.
The CPT recommends that the Greek authorities develop such an individualised
custody record.
h.
immigration detainees
49.
The situation concerning the safeguards offered to immigration detainees has evolved
considerably as compared to that described in previous reports (cf. as regards the 1999 visit,
CPT/Inf (2001) 18, Part II, paragraphs 41 to 46). The delegation which carried out the 2001 visit
observed that immigration detainees had ready access to pay phones and could receive visits from
relatives. Further, such persons have the right to be assisted by a lawyer in immigration/asylum
proceedings and lawyers can be present during questioning and immigration service hearings.
Relevant non-governmental organisations are also on occasion authorised to assist immigration
detainees.
However, provision should be made for assistance by a state-appointed lawyer in cases
where an immigration detainee is not in a position to appoint and pay for one himself.
In appropriate cases, recourse should also be had to the services of an interpreter
(including during medical examinations); the delegation found that this requirement was not
always being met.
50.
The CPT is concerned to note that border guard officers told the delegation that they were
under no obligation to inform persons subject to immediate readmission procedures (i.e. expedited
removal to a neighbouring country) of their rights and, more particularly, that such persons did not
have the rights of notification of custody and access to a lawyer. The CPT recommends that
immediate steps be taken to ensure that persons subject to immediate readmission procedures
are guaranteed the rights referred to in paragraphs 40 to 46 above during the period that they
are detained by law enforcement agencies.
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