- 34 At Fylakio RIC, an unaccompanied minor held under protective custody in Wing A, alleged
that, the night prior to the delegation’s visit, he had been punched and kicked by several police
officers as well as being subjected to verbal abuse after he had loudly protested against his
confinement inside one of the accommodation containers. His mobile phone had also been
confiscated on this occasion. He claimed that this treatment was in retaliation for his escape attempt
two days earlier. The review of his records confirmed that he had escaped on 9 April and that he
had been brought back to the centre on 10 April 2018. All the other detained persons who were
accommodated in the same room had observed the incident. Further, they stated that they had
themselves been intimidated and threatened by the police officers that they would all be deprived of
food if the minor left his room.
Further, the delegation received several consistent and credible allegations from foreign
nationals about physical ill-treatment by police and border guard officers or (para-)military
commandos in the context of push-back operations (see paragraphs 138-139).
76.
In the light of the above, the Committee concludes that foreign nationals deprived of their
liberty by the police under aliens’ legislation continue to run a certain risk of being subjected to illtreatment by law enforcement officials in the Evros region and on the Aegean islands.
The CPT recommends once again that the Greek authorities take vigorous steps to
stamp out ill-treatment of foreign nationals deprived of their liberty by the police under
aliens’ legislation. In particular, effective investigations into all instances of alleged illtreatment should be carried out and the officers concerned be held responsible. Police officers
should regularly be reminded that foreign nationals should be treated with respect and that
any form of ill-treatment of detained persons – including verbal abuse, racist behaviour and
threats of ill-treatment – is unacceptable and will be punished accordingly. Further, senior
officers should be held accountable for their line-management responsibilities.
As regards screening of injuries, reference is made to the recommendation made by
the CPT in paragraph 115.
3.
Safeguards against ill-treatment
77.
The CPT wishes to recall that, in the same way as other categories of detained persons,
irregular migrants apprehended by the police in virtue of the applicable aliens’ legislation should,
from the very outset of their deprivation of liberty, enjoy three basic rights that are fundamental
safeguards against ill-treatment, namely the rights of notification of custody, access to a lawyer and
access to a doctor.
That said, no noticeable developments have occurred since the CPT’s previous visits to
Greece. Once again, the Committee has to conclude that these fundamental safeguards against illtreatment, for the most part, do not apply in practice from the very outset of a foreign national’s
deprivation of liberty and, more generally, remain ineffective, despite the existence of clear rules.49
49
See the CPT’s report on its 2016 visits (CPT/Inf (2017) 25), paragraphs 68-75, the CPT’s 2015 visit report
(CPT/Inf (2016) 4), paragraphs 45-54, and the CPT’s 2013 visit report (CPT/Inf (2014) 26), paragraphs 27-32.
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