- 27 38.
Similarly, in a second case, which concerns allegations of excessive use of force during
apprehension and ill-treatment during police custody,28 the competent prosecutor concluded that
there was no evidence to substantiate the complaint. However, the delegation found out that the
case file contained a DVD with CCTV footage from the moment of apprehension, which clearly
shows the complainant being struck by a pistol-wielding police officer in a shop. Subsequently, the
film shows that this officer grabbed and pulled the only witness across the cash-counter, while
making threatening gestures at him with his other hand. Not surprisingly, the witness, when making
a declaration on the incident, stated that he saw nothing. In addition, the forensic medical report
concluded that the described injuries “were caused by a blunt instrument”. Both pieces of evidence
were clearly not taken into account by the prosecutor, nor did he even interview the witness or the
police officers involved in the incident. It should be standard practice to interview all persons with a
link to such an event, even more so when there are clear contradictions between the graphic video
evidence and the statements made by the alleged perpetrators and witness.
39.
The CPT considers that the manner in which the two above-cited cases were investigated
raises serious concerns about the commitment of the Greek authorities to combat impunity within
the Hellenic Police. Further, it begs the question as to the manner in which the other 32 cases
forwarded to the Prosecutor’s Office by the Internal Affairs Directorate have been investigated. To
this end, it is incumbent upon the Greek authorities to demonstrate that cases which involve
allegations of serious ill-treatment are effectively investigated, as has been made clear in the caselaw of the European Court of Human Rights.29
The CPT recommends that the competent supervisory prosecutorial authorities review
the two above-mentioned cases, in the light of the above remarks.
Further, the Committee would like to be provided with detailed information on the
outcome of the investigations into the remaining 32 cases forwarded by the Internal Affairs
Directorate to the Prosecutor’s Office.
28
29
According to the prosecutor’s final report of 20 January 2014 (reference number A12/2116) the person stated
that, when he was taken to the 6th floor of the GADA, he was again beaten and forced to take of his trousers
and boxer shorts. Thereafter, a stick was inserted between his legs and he was the subject of ridicule by police
officers. He was also forced to sign documents without having had the possibility to read them and without
having been informed of his rights.
See, for example, Zontul v. Greece (17 January 2012), paragraphs 94-98.
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