- 59 A third juvenile, an unaccompanied foreign national, who was apprehended on the street in
Thessaloniki, alleged that he had been subjected to punches to the upper body and slaps to the back
of the head by police officers. He also claimed that when he had informed the examining magistrate
about the ill-treatment, the response had been “that is not my affair”.
98.
The information gathered by the CPT’s delegation during the many interviews conducted in
the various establishments visited, illustrates that juveniles, especially foreign nationals and Roma,
are at considerable risk of being ill-treated by police officers if they are suspected of having
committed a crime. Clearly, the existing safeguards do not operate effectively to prevent such illtreatment. Juveniles should have the right to a lawyer and to a trusted person from the very outset of
their deprivation of liberty and should not be interviewed by police officers until at least either a
lawyer or a trusted person is present. Further, it goes without saying that juveniles suspected of a
crime should not have to sign any documents prior to receiving assistance from a lawyer and/or a
trusted person.
The Greek authorities need to take rigorous action to put an end to the ill-treatment of
juveniles by the police and, to this end, the CPT refers to its recommendations in
paragraphs 21 and 22.
The CPT also recommends that, in addition to the measures put forward in
paragraph 47 above, the Greek authorities take the necessary steps to ensure that juveniles
apprehended by the police have the right to a lawyer and a trusted person from the outset of
their deprivation of liberty. Further they should not be questioned, make any statements or
sign any documents related to the offence for which they are suspected without the benefit of
a lawyer and, in principle, of another trusted adult being present and assisting the juvenile.
Further, it recommends that a specific information form on rights, setting out the
particular position of detained juveniles and including a reference to the presence of a lawyer
and/or another trusted adult, is developed and given to all juveniles deprived of their liberty.
Special care should be taken to explain the information carefully to ensure comprehension.
99.
In its 24th General Report on the CPT’s activities of January 2015,63 the CPT made it clear
that, as a rule, juveniles should not be held in a law enforcement establishment for more than 24
hours as such establishments normally do not provide suitable conditions and an appropriate
regime. However, in Greece, juveniles are regularly held in police stations for longer than 24 hours
and in the case of the juvenile section on the 3rd floor of the GADA periods of ten days or longer are
not uncommon. The CPT considers such practices unacceptable. While the GADA section is a
distinct unit64 for juveniles and the assistance of a social worker is available, juveniles are confined
to the unit all day long with no access to any activities and are not offered any outdoor exercise.
Further, the staff are usually not present in the unit but monitor the detention area via CCTV, only
visiting it from time to time during the day.
63
64
See the section on juveniles deprived of their liberty under criminal legislation in CPT/Inf (2015) 1,
paragraph 99.
The unit consisted of three double-occupancy cells, each measuring some 9m², a separate sanitary annex and a
secured corridor running around the cells to which the juveniles were granted access.
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