- 23 b.
notification of custody
41.
Following previous visits, the CPT acknowledged developments concerning the right of
detained persons to inform a relative of their situation, in line with the Committee's
recommendations.
The information gathered in the course of the 2001 visit shows that, in general, 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,
certain of the persons interviewed by the delegation claimed that they had not been informed of
their right to inform their relatives of their situation and that they were not aware if such notification
had taken place. Further, police officers stated that they could, on their own authority, delay
notification of custody.
The CPT recognises that it may, on occasion, be necessary to delay the exercise of this right
for a brief period in order to protect the legitimate interests of the investigation. However, any
possibility to delay the exercise of this right should be clearly circumscribed in law, made subject to
appropriate safeguards (e.g. any delay to be recorded in writing with the reason therefor and to
require the approval of a prosecutor or judge) and strictly limited in time. The Committee
understands that the situations in which the exercise of the right to notification of custody can be
delayed and the safeguards accompanying such delays are not at present the subject of specific legal
provisions (cf. CPT/Inf (2001) 18, Part I, paragraph 82 and CPT/Inf (2001) 19, page 80). The CPT
recommends that the situation be reviewed in the light of the above remarks, and, if
necessary, that the legal provisions governing the right of detained persons to inform a
relative be amended.
c.
access to a lawyer
42.
After the 1997 visit, the Greek authorities made clear that the right of access to a lawyer
became effective "as soon as [detained persons are] brought to a police station (i.e. a few minutes
after their arrest)". Further, as advocated by the CPT, the content of the right of access to a lawyer
includes the right to have the lawyer present during interrogations and to communicate with the
lawyer freely and in a confidential manner (cf. CPT/Inf (2001) 18, Part I, paragraphs 83 and 84).
Nevertheless, during the 2001 visit, law enforcement officials met in certain of the
establishments visited informed the delegation that, in most cases, no contact between lawyer and
detainee would be permitted before the making of a first statement (the "apologia"). Consequently,
some considerable time can elapse before a detained person has an effective right of access to a
lawyer. Further, current arrangements do not guarantee the confidentiality of lawyer-detainee
consultations. The CPT recommends that clear instructions be issued to law enforcement
officials with a view to ensuring that the right of access to a lawyer, with the content described
above, becomes fully effective in practice as from the outset of custody.
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