- 20 23.
In the Committee’s view, it is essential to promote a police culture where it is regarded as
unprofessional to resort to ill-treatment. There must be a clear understanding that culpability for illtreatment extends beyond the actual perpetrators to anyone who knows, or should know, that illtreatment is occurring/has occurred and fails to act to prevent or report it. The CPT considers that
proper conduct by members of the police vis-à-vis detained persons should be fostered, in particular
by doing more to encourage police officers to prevent colleagues from ill-treating detained persons
and to report, through appropriate channels, all cases of violence by colleagues. This implies the
development of a clear reporting line to a distinct authority outside of the police unit concerned as
well as a legal framework for the protection of individuals who disclose information on ill-treatment
and other malpractice.
The CPT recommends that the Greek authorities actively promote a culture change
within the ranks of the Hellenic Police and adopt “whistle-blower” protective measures.
Moreover, in order to back up any message of zero-tolerance and to reinforce the
training, effective investigations into allegations of ill-treatment must be undertaken to
demonstrate that criminal acts by the police will be punished and to counter the current
culture of impunity that pervades parts of the police force (see section 3 below).
3.
Investigations into allegations of ill-treatment
24.
For many years, the CPT has been highlighting fundamental flaws in the system of
investigations into allegations of ill-treatment, such as the lack of promptness and expeditiousness
in carrying out investigations and the passive role of prosecutorial or judicial authorities as regards
starting an investigation into allegations of ill-treatment.13 The information gathered in the course of
the 2015 visit once more indicates that the current system is characterised by systemic failings by
the police and judicial authorities to conduct prompt, thorough, independent and impartial
investigations, aimed at bringing the perpetrators of ill-treatment to justice.
The existence of effective procedures for examining complaints and other relevant
information regarding ill-treatment by the police is an important safeguard against ill-treatment of
persons deprived of their liberty. The credibility of the prohibition of torture and other forms of illtreatment is undermined each time officials responsible for such offences are not held to account for
their actions. If the emergence of information indicative of ill-treatment is not followed by a prompt
and effective response, those minded to ill-treat persons deprived of their liberty will quickly come
to believe – and with very good reasons – that they can do so with impunity.
To avoid any perception of impunity, it is crucial that effective action is taken whenever any
information indicative of possible ill-treatment comes to light. In this regard, it is well established
through the case-law of the European Court of Human Rights that, whenever a person was injured
while in the hands of public officials, there is a strong presumption that the person concerned was
ill-treated and the authorities’ duty is to provide a satisfactory and convincing explanation of how
the injuries were caused, failing which a clear issue arises under Article 3 of the European
Convention on Human Rights.
13
See the reports on the CPT’s 2009, 2011 and 2013 visits: CPT/Inf (2010) 33, paragraphs 22 to 31, CPT/Inf
(2012) 1, paragraphs 85 to 90, and CPT/Inf (2014) 26, paragraphs 20-23.
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