The UNHCR Office in Greece, expressed to the investigate the case. So far, no steps have been competent authorities its concern over the al- taken in either cases, from the Public Proselegations of ill-treatment of migrants and refu- cutor. Both victims were taken to the Hospital, gees in Patras, asking them to draw attention but no medical certificate was given to them, and further investigate complaints concerning since there were no “pink card” holders.” the use of physical force, during police opera- Christos Karapiperis, social worker in the Red tions in various parts of the city and/or in the Cross stated: “The aim of the police violence is informal makeshift shelters, where a sufficient to frighten and discourage refugees from going number of persons allegedly suffered injuries to the city or at the port and generally, from and received offensive expressions and threats. coming to Patras. Since there is no Reception UNHCR underlined that a proper screening of Centre for asylum seekers in Patras, they are the population is deemed necessary, as among exposed to all shorts of threats, dangers and those found homeless and living under squa- exploitation”. 31 lid conditions are persons with international Praksis has provided medical and sociprotection needs as well as vulnerable indivi- al support to unaccompanied minors in Paduals. In addition, UNHCR noted that the state tras since August 2011. It had registered 12 should balance law enforcement operations alleged cases of alleged ill-treatment by law with parallel actions at the local level to provi- enforcement officers until the end of January de alternative solutions and to cover basic hu- 2012. There were more reports of violent bemanitarian needs of these people. Such actions haviour by officers in the following period and would prevent destitution and would alleviate until today. In most cases there was an abuse problems faced by the local community. Last- of power with racist motives. A representatily, UNHCR underlined its concern vis-à-vis the ve of Praksis told us: “We are implementing a detention conditions in the country, which are program for children on the move. We receive substandard and need substantial improve- many allegations of ill-treatment of minors ment. 29 and adults by police and port officers. In two The Greek Red Cross branch in Patras has cases of minors who have been allegedly illlodged complaints in two cases against the treated, we treated their injuries. On a number Special Operation Units of the Hellenic Coast of occasions police officers make racist comGuard (KEA) before the Public Prosecutor in ments, concerning the refugees’ colour, ethnic 2012. The first case concerned the alleged tor- origin or religion. The police always tell them ture of an Afghan adult, who was badly beaten “Leave Greece! Go back home!” 32 in the head, thrown in the sea, forced to stand The Afghan Community in Patras “Bahar” with his legs in extension, prevented from mo- is also noticing a constant increase of police ving and bitten by a police dog. 30 The second violence against their co-nationals who are case concerns the alleged torture of an Afghan residing in Patras. The president of the Afghan minor, who was beaten with batons and an community said: “Very often, unfortunately, we receive reports of excessive use of violence electric-stun baton. The Red Cross lawyer Ms Elissavet Nikola- by state agents against Afghans, which often kopoulou in an interview stated: “Red Cross result in severe injuries, which we try to docureceives a great number of complaints concer- ment. We have complained about these alleganing ill-treatment. Most of the refugees are af- tions to the Greek authorities”. 33 raid to lodge an official complaint against the In a Press Release issued on 31 May, 2012 police or the port authorities. Exceptionally, in the Greek Ombudsman expressed his concerns these two cases, the victims agreed to through regarding the situation in Patras. According to the legal system. We lodged a complaint befo- him, the recent violent events reflect in the re the Public Prosecutor, asking him to further most dramatic way a "qualitative upgrade" in 29 Interview with UNHCR staff, held on May 18, 2012 30 About the K9 dogs “Flute” and “Hector” at the port of Patras, see: http://www.icts.gr/wp-content/uploads/2012/03/ ΔEΛTIO-ΤΥΠΟΥ-16-12-2011.pdf 16 31 I nterviews with Elisavet Nikolakoupoulou, lawyer at the Red Cross, and Christos Karapiperis, social worker at the Red Cross, held on 11.5.2012 32 I nterview with Giorgos Papadeolopoulos, social worker of Praksis, held on May 14, 2012 33 Interview with representatives of the Afghan Community of Patras “Bahar”, held on May 14, 2012 the generalized and random racist violence, as well as the serious deficiencies in Greek immigration policies and practices, which have fuelled dangerous tensions in Greek society. Since 2007 the Ombudsman has called for public dialogue on the problematic situation in the wider area around the port of Patras, in an attempt to find practical solutions for it, and prevent the situation from getting worse. In February this year, the Ombudsman highlighted the fact that, one year after the promulgation of Law 3907/2011 none of the anticipated services were functioning properly, despite the growing needs of undocumented migrants in Patras and throughout the country. In view of the above, the Greek Ombudsman intends to approach the competent authorities once again, with specific proposals for the adoption of immediate and effective measures to address the complex social phenomenon of undocumented migration, that are in accordance with the rule of law and the principles of European jurisprudence. 34 3.2. Internal control mechanisms for examining cases of police violence In its reports the CPT repeatedly highlighted that there is no effective and independent police complaint mechanism in Greece (par. 16, 2009). 35 Other bodies, both national and international, have echoed the CPT’s criti34 G  reek Ombudsman May 2012: http://www.synigoros. gr/?i=human-rights.el.danews.67496 35 I f somebody would like to complaint against illetreatment, he/she can either lodge a complain before the police either lodge a complain directly before the Public Persecutor. In cases of complaints before the police, where there are clear indications that a serious disciplinary offence may have been committed, a so-called Sworn Administrative Investigation can be initiated. If the investigation finds that the allegation is founded, punishment is decided upon by a disciplinary board (composed of police officers) or the file is communicated to the competent pubic prosecutor (in the event of the threshold for a criminal offence having been reached). In addition to making a complaint to the police, which currently appears to represent a highly unattractive option for many would-be complainants, allegations of ill-treatment may also be lodged directly with the prosecutor. According to the circular of 4 June 2008 by the Chief Public Prosecutor, prosecutors receiving an allegation of ill-treatment are under an obligation to initiate a criminal investigation, including a medical examination by a forensic doctor.) cisms 36 and complained of shortcomings in the police examination of allegations of illtreatment, which cannot guarantee a prompt, impartial and effective investigation; restricted access to forensic evidence 37; and prolonged judicial proceedings which generally result in police acquittals 38. In a number of cases the European Court of Human Rights found that 36 C  PT 2009: http://www.cpt.coe.int/documents/grc/2010-33-infeng.htm#_ftn18 37 U  nder Greek law individuals do not have direct access to examination by state forensic services. Such an examination can only be obtained by order of investigating officials or a court, usually on the basis of a request by a victim who has filed a complaint of ill-treatment, or a request of the public prosecutor. Some injuries caused by ill-treatment, such as bruising, heal relatively quickly; consequently any failure on the part of the competent authorities to ensure prompt forensic examination may effectively result in the complete or partial loss of crucial evidence. 38 The case of the Agios Panteleimonas trial on torture of refugees in a police station of Athens: On December 13, 2004, Greek civilian policemen reportedly raided into a house in the Agios Panteleimonas area of Athens, where between 40 and 60 Afghan asylum-seekers and refugees were lodging. The police wanted to extract information about an Afghan national who had escaped from court where he had been taken on charges of staying illegally in the country. According to reports, the police collected all those present in the house, including minors, in one room and allegedly beat them severely and tortured some of them. The same sequence of events was repeated in the following days. Police officers took two afgan nationals to the police station and reportedly tortured (i.e. fallaga) them there. The case took pubicity and a judicial and disciplinary investigation started. Eleven Afghans nationals among them many minors testified against the policemen. On 19.12.2011, seven years after the incident, the Athens Mixed Jury Court convicted two police officers who had been indicted for torture of two afgan asyum seekers for misdemeanors crimes of causing bodily harm in the form of offence to human dignity and of causing provoked bodily harm to five other Afghans. On 22.3.2012 the Mixed Jury Appeals Court aquitted the police officers because of reasonable doubt of the charges of causing bodily harm in the form of offence to human dignity to two Afghans and confirmed the first instance convictions causing unprovoked bodily harm to five other Afghans. See: AI on the case of torture: http://www.amnesty.org.uk/ news_details.asp?NewsID=15837; Press Release on the results of the trial: http://infomobile. w2eu.net/2011/12/20/the-trial-of-the-police-officers-from-stpanteleimonas-finished/ 17