- 17 23. In its report on the 2008 visit to Greece, the CPT made reference to “a climate of impunity within law enforcement agencies”.18 The information gathered in the course of the 2009 visit to Greece suggests that the situation has not improved; a reluctance to investigate allegations of illtreatment by law enforcement officials was again observed. For example, in case 2 referred to in paragraph 18, the duty officer at Thessaloniki Monasteriou Police Station refused the delegation’s request to arrange for a forensic medical examination of the woman in question, while vehemently denying the possibility of any police involvement in the alleged assault. He stated that he would not take any action until the person concerned had filed a formal written complaint, even though she had made an oral complaint to the officer. According to the CPT’s understanding of the relevant Greek legislation19, the allegations should have been recorded immediately in writing by the duty officer and subsequently signed by the complainant, in order to initiate an administrative procedure. At the time of the visit, no such action had been undertaken in this case, nor had any criminal investigation been launched. 24. To avoid any perception of impunity, it is crucial that effective action is taken when 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. The CPT recommends that police officers be reminded of this precept. Further, the CPT would like to be informed about the action taken by the Greek authorities in respect of the apparent breach of law by the Thessaloniki police officer referred to in paragraph 23. 25. The CPT also remains concerned about the apparent absence of an expeditious approach when investigations into allegations of ill-treatment by police officers are initiated. For example, the investigation into a case of alleged ill-treatment of a foreign national detained in Omonia Police Station in Athens, highlighted in the report on the CPT’s 2008 visit to Greece20, was still pending one year later. The CPT would like to receive an update on the investigation into this case. 26. The credibility of the prohibition of torture and other forms of ill-treatment 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 reason – that they can do so with impunity. This can only undermine efforts to promote human rights principles through the professional training of police officers. 18 19 20 See CPT/ Inf (2008) 3, paragraph 3. See Article 23 (2) and (3), Decree on Police Discipline. See CPT/Inf (2009) 20, paragraph 12.

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