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The CPT recommends that the Greek authorities take the necessary steps to ensure
that police officers against whom prima facie evidence of ill-treatment exists are suspended
from carrying out duties, which place them in contact with the public, until the investigation
into the alleged ill-treatment is completed.
Further, the information seen by the CPT’s delegation demonstrated clearly that, in practice,
a disciplinary sanction is only imposed in very rare cases, following a decision of a disciplinary
board, which is composed of police officers.
The CPT wishes to receive statistics on disciplinary sanctions against police officers as
from January 2013, with a breakdown as regards the type of sanction imposed.
29.
For an investigation into possible ill-treatment by law enforcement officials to be effective,
the CPT considers it essential that the persons responsible for overseeing and carrying it out are
independent from those implicated in the events. Such investigations should preferably be
conducted by a body which is entirely independent from the service to which the police officer
suspected of ill-treatment belongs. Further, they should also offer guarantees of being thorough,
comprehensive, prompt and reasonably expeditious, and transparent. Prosecutorial authorities must
therefore exercise close and effective supervision of the operational conduct of an investigation into
possible ill-treatment by public officials. They should be provided with clear guidance as to the
manner in which they are expected to supervise such investigations.
The CPT recommends that the legal provisions governing the conduct of
administrative investigations of alleged ill-treatment by police officers be amended, in order
to ensure that administrative investigations (both Preliminary Inquiries and Sworn
Administrative Inquiries) are always carried out by police officers from a different service,
and preferably by a fully-fledged independent investigation body.
30.
Previously, the Committee has firmly advocated the creation of a fully-fledged independent
investigation body, which has the power to direct that disciplinary proceedings be instigated.
However, the trumpeted establishment of an Office for Incidents of Arbitrary Conduct, which has
still not started operating four years after its creation, falls short of meeting this requirement. The
CPT recommended that the Greek authorities review the mandate and modus operandi of the
Office, in order to ensure its institutional independence and to strengthen its investigative and
oversight capabilities. In particular, the Committee expressed its strong reservations with regard to
the Office’s restricted mandate, its limited powers to carry out its own investigations and its
inadequate role in monitoring the quality of the investigations into complaints.22
22
See CPT/Inf (2014) 26, paragraphs 22-23.
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