- 23 4. Safeguards against the ill-treatment of detained persons a. introduction 37. In previous visit reports, the CPT examined in detail the formal safeguards against ill-treatment which are offered to persons detained by the law enforcement agencies in Greece and their operation in practice. The Committee has placed particular emphasis on three fundamental rights, namely the right of detained persons to inform a close relative or another third party of their choice of their situation, to have access to a lawyer, and to have access to a doctor. It is equally fundamental that persons detained by the law enforcement agencies be informed without delay of all their rights, including those mentioned above. These rights exist in Greek law and the circular by the Chief of Police, referred to in paragraph 11 above, reiterates the duty of the police to facilitate their practical application. Regrettably, the findings from the 2005 visit highlighted that all too often they remained rights in theory only, rather than in practice. b. notification of custody 38. The information gathered by the CPT’s delegation indicated that persons deprived of their liberty were being offered the possibility to inform their relatives, and on occasion other third parties of their choice of their situation, as from the outset of their custody. However, there were complaints from a number of persons, particularly those with injuries, that they had not been informed of their right to inform their relatives of their situation nor given the opportunity to do so. The CPT has taken note of the previous responses by the Greek authorities on this issue that, through an analogous application of Article 105 of the Code of Criminal Procedure, restrictions of the rights of detained persons may be imposed if there is a “danger of damage to the work of investigation in order to find out the truth”11. The CPT is not convinced that the denial of this right, in the cases examined, always stemmed from the legitimate demands of the investigation. The CPT recommends that the Greek authorities clearly circumscribe in law when the exercise of the right to inform a third party of one’s custody can be delayed and that any such a delay be made subject to appropriate safeguards (i.e. any delay to be recorded in writing along with the reason, and to require the approval of the prosecutor or judge) and strictly limited in time. 11 cf. CPT/Inf (2001) 19, pages 79 to 80 and CPT/Inf (2002) 32, page 21.