- 21 c.
access to a doctor
30.
Paragraph 3 (g) of Police Circular 4803/22/44 refers to the protection of the detainee’s
health as a basic duty of the police authorities. Presidential Decree 141/1991 which defines the
responsibilities and actions of police officers, in its Article 60 paragraph 3 case 8, provides for
medical care and the right to ask to be examined by a doctor of the detainee’s choice.
Access to a doctor was apparently still not fully effective in practice. Nearly every person
who alleged ill-treatment by the police stated that they had not been able to see a doctor as their
request was refused or delayed. Even in cases when the injuries caused by the alleged ill-treatment
were serious, access to a doctor might not be immediate. Moreover, the CPT’s delegation came
across several persons in police detention who were not receiving the necessary medical treatment;
in this connection, transfers to hospital could be hampered by difficulties in arranging transport.
Further, if persons were sent to hospital for treatment, the medical documentation from the hospital
was given to the accompanying police officer and not to the detained person or his lawyer.
In the light of the 2013 findings, the CPT considers it necessary to reiterate that requests to
see a doctor must be promptly met; law enforcement officials should not seek to filter such requests.
It should also be recalled that all medical examinations of persons in police custody should be
conducted out of the hearing and, unless the doctor concerned requests otherwise in a specific case,
out of the sight of police officers, and that the results of every examination, as well as relevant
statements by the detained person and the doctor's conclusions, should be formally recorded by the
doctor and made available to the detainee and on request to his/her lawyer. Further, medication
should be provided free of charge to detained persons who do not have the resources to pay for it
themselves.
The CPT calls upon the Greek authorities to ensure that the above-mentioned
requirements as regards access to a doctor for persons held in police and border guard
stations are met in practice.
31.
In view of the practice of detaining persons for prolonged periods in police and border guard
stations, the CPT has consistently advocated that the Greek authorities establish a system of regular
visits by doctors to such facilities to screen new arrivals and enquire whether there are detainees
with potential medical problems (including contagious diseases). The establishment of such a
system will serve the interest of both individual and public health. In the current context in Greece,
where establishments such as the Monasteriou Police Headquarters or the Metagogon (Transfer)
Centre in Thessaloniki12 are accommodating 80 to 100 persons for several months or more in
cramped, unhygienic conditions, there is a clear need to put in place such a system of regular visits
by a doctor.
For as long as the present situation persists, the CPT recommends that the provision of
health-care in police and border guard stations be reviewed accordingly.
12
Other establishments include the police stations of Larissa, and of Kypseli and Omonia in Athens.
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