- 11 The CPT calls upon the Greek authorities to ensure that, whenever criminal suspects
brought before a judge allege ill-treatment by law enforcement officials, the judge records the
allegations in writing, orders immediately a forensic medical examination and takes the
necessary steps to ensure that the allegations are properly investigated. Such an approach
should be followed whether or not the person concerned bears visible external injuries.
Further, even in the absence of an express allegation of ill-treatment, the judge should request
a forensic medical examination whenever there are other grounds to believe that a person
brought before him could have been the victim of ill-treatment.
16.
In view of all the information available to the Greek authorities indicative of the persistence
of the problem of ill-treatment by law enforcement officials, it is disappointing that measures with a
proven effectiveness, advocated by the CPT in its reports, have not been implemented. For instance,
to date, a fully-fledged, independent authority for the inspection of detention facilities of law
enforcement agencies12 does not exist. In 2007, the CPT was informed about plans to reform the
Ombudsman Office so that it could undertake the tasks of such an authority13, but apparently these
plans have not materialised. The CPT calls upon the Greek authorities to establish a system of
frequent visits to law enforcement establishments by an independent authority.
17.
The Greek authorities are in the process of introducing new legislation concerning the
investigation and punishment of disciplinary offences by members of the Hellenic Police Force.
This draft law lays down the procedures to be followed by the bodies competent to hear complaints
against police officers, as well as the sanctions to be incurred for various types of disciplinary
offences. However, this new legislation omits introducing an independent complaints mechanism.
Complaints by the public entailing allegations of disciplinary offences continue to be submitted to
officers of the Hellenic Police, and the superior officer of the alleged perpetrator may still carry out
investigations into certain offences14. The CPT recommends that the Greek authorities take the
necessary steps to establish an independent police complaints mechanism.
18.
In addition, the Greek authorities should seriously consider the establishment of a
specialised custodial service for persons detained by law enforcement agencies. In order to be fully
effective, custodial officers should have both the authority and the responsibility to verify whether
basic rights of detained persons, such as notification of deprivation of liberty, access to a lawyer,
etc., have been respected, and to take appropriate action if this is not the case. The CPT would like
to receive the views of the Greek authorities on this proposal.
12
13
14
See CPT Inf (2001) 31, paragraph 22; CPT Inf (2006) 41, paragraph 21; and CPT Inf (2008) 3, paragraph 44.
See CPT/Inf (2008) 3, paragraph 44.
The Greek Ombudsman has also expressed concern about this (see the Ombudsman’s annual report 2006,
page 12).
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