- 24 The CPT takes note of the recent amendments that were introduced to the provisions governing the functioning of the Office for Incidents of Arbitrary Conduct. The new provisions have extended the competence of the Office,23 widened the scope of eligible persons and allow the participation of a representative of the Ombudsman in the meetings of the Committee, with the possibility to submit proposals or give an opinion. These modest improvements do not, however, bring the Office closer towards meeting the basic requirements, outlined above. The CPT reiterates its recommendation for the creation of a fully independent police complaints body, which is adequately resourced and would lead to allegations of police illtreatment being investigated effectively. 31. The instigation of a criminal procedure is normally ordered by the public prosecutor at the police investigator’s request or ex officio and may be carried out in parallel with the administrative procedure. Further, the file must be referred to the public prosecutor, if the administrative investigation concludes that the police officer suspected of ill-treatment has committed a criminal offence.24 If the prosecutor finds that there is sufficient evidence, he/she can order a Summary Investigation, which is conducted under his/her supervision by a magistrate or a police officer.25 Alternatively, the prosecutor can order an ordinary investigation, which is conducted by an investigative judge. However, the existence of a suitable legal framework for criminal investigations is not of itself sufficient to guarantee that appropriate action will be taken in respect of cases of possible illtreatment by the police. Due attention must also be given to sensitising the relevant authorities to the important obligations which are incumbent on them. 32. At the end of the April 2013 visit to Greece, the CPT’s delegation requested that the Greek authorities “undertake a comprehensive inquiry into the methods used by officers of the Security Departments at Kypseli and Omonia Police Stations in Athens and at the Monasteriou Police Headquarters in Thessaloniki, when detaining and interviewing criminal suspects”. In response, the Greek authorities informed the Committee that the Attiki and Thessaloniki Directorates of Police had been ordered to investigate the matter in depth by means of a Sworn Administrative Inquiry (EDE). However, in the course of the 2015 visit, the CPT’s delegation discovered that no concrete steps had been taken to investigate the very serious allegations of ill-treatment set out in the Committee’s 2013 report. 23 24 25 The office now can also receive complaints against law enforcement officials concerning unlawful conduct with racist or discriminatory motives and other insulting conduct against the personality of a person. Consequently, non-Greek citizens are also included in the scope of the Office’ mandate. According to statistics provided by the Internal Affairs Directorate, from the 142 complaints about illtreatment during arrest and/or detention by the police between January 2009 and October 2013, only 30 were handed over to the competent prosecutors for prosecution against the police, while the Internal Affairs Directorate was ordered to carry out further investigations into 55 cases. Circular No 1165 of 23 March 2010 by the Public Prosecutor to the Supreme Court ordered that all complaints of police ill-treatment be forwarded to the competent prosecutor in order to be investigated by the appropriate body. Further it was stated that the investigations should not be carried out by a police officer serving in the same police station as the alleged perpetrators of the ill-treatment. Summary Investigations can thus also be assigned to the Internal Affairs Directorate or the Sub-Directorates of Administrative Investigations.