- 29 The CPT recommends that the Greek authorities ensure that in all cases where there
are grounds to believe that a detained person may have been ill-treated, that the injuries are
properly examined and recorded, preferably by a doctor with appropriate forensic training.
Such an assessment should be both requested and carried out promptly.
43.
The CPT has also stated that, no matter how effective an investigation may be, it will be of
little avail if the sanctions imposed for ill-treatment are inadequate. When there is an identified case
of ill-treatment, criminal proceedings should be initiated immediately, followed by the imposition
of a suitable penalty. This will have a very strong dissuasive effect. Of course, judicial authorities
are independent, and hence free to fix, within the parameters set by law, the sentence in any given
case. However, via those parameters, the intent of the legislator must be clear: that the criminal
justice system should adopt a firm attitude with regard to torture and other forms of ill-treatment.
Similarly, sanctions imposed following the determination of disciplinary culpability should
commensurate to the gravity of the case.31
According to information provided by the Internal Affairs Directorate in May 2015, from
the more than 140 cases investigated during the period between 2009 and 2013, 30 were handed
over to prosecutors. Only in eight cases, police officers have been criminally prosecuted under the
torture provision of the Criminal Code (Article 137 A); four police officers were acquitted and the
remaining four cases were still pending.
One of the reasons for the lack of convictions resides in the current definition of the torture
provision, which is not in line with international standards.32 In particular, Article 137 A of the
Criminal Code contains the term “systematic”, which implies the exclusion of single or more
sporadic acts of torture. In practice, prosecutors are extremely reluctant to institute criminal
proceedings under the torture provision.
The CPT recommends that the Greek authorities bring the definition of torture
provided in Article 137 A of the Criminal Code in line with international standards.
44.
The Greek authorities should be irreproachable as regards their commitment to combat
impunity. When law enforcement officials who order, authorise, condone or perpetrate ill-treatment
are brought to justice for their acts or omissions, an unequivocal message is delivered that such
conduct will not be tolerated. Apart from its considerable deterrent value, this clear message of zero
tolerance will reassure the general public that no one is above the law, not even those responsible
for upholding it. This is certainly in the interest of the Hellenic Police and will underpin the action
being taken at all other levels.
31
32
See also UN Committee against Torture (CAT), Concluding observations of the Committee against Torture:
Greece, 27 June 2012, paragraph 10. The Committee raised concern regarding the limited number of cases
concerning allegations of torture and ill-treatment by law enforcement officials that have been prosecuted, the
low number of final convictions and the lack of sanctions in cases with convictions.
In particular, this definition differs from the definition provided in Article 1 of the United Nations Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
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