- 24 The CPT takes note of the recent amendments that were introduced to the provisions
governing the functioning of the Office for Incidents of Arbitrary Conduct. The new provisions
have extended the competence of the Office,23 widened the scope of eligible persons and allow the
participation of a representative of the Ombudsman in the meetings of the Committee, with the
possibility to submit proposals or give an opinion. These modest improvements do not, however,
bring the Office closer towards meeting the basic requirements, outlined above.
The CPT reiterates its recommendation for the creation of a fully independent police
complaints body, which is adequately resourced and would lead to allegations of police illtreatment being investigated effectively.
31.
The instigation of a criminal procedure is normally ordered by the public prosecutor at the
police investigator’s request or ex officio and may be carried out in parallel with the administrative
procedure. Further, the file must be referred to the public prosecutor, if the administrative
investigation concludes that the police officer suspected of ill-treatment has committed a criminal
offence.24 If the prosecutor finds that there is sufficient evidence, he/she can order a Summary
Investigation, which is conducted under his/her supervision by a magistrate or a police officer.25
Alternatively, the prosecutor can order an ordinary investigation, which is conducted by an
investigative judge.
However, the existence of a suitable legal framework for criminal investigations is not of
itself sufficient to guarantee that appropriate action will be taken in respect of cases of possible illtreatment by the police. Due attention must also be given to sensitising the relevant authorities to
the important obligations which are incumbent on them.
32.
At the end of the April 2013 visit to Greece, the CPT’s delegation requested that the Greek
authorities “undertake a comprehensive inquiry into the methods used by officers of the Security
Departments at Kypseli and Omonia Police Stations in Athens and at the Monasteriou Police
Headquarters in Thessaloniki, when detaining and interviewing criminal suspects”. In response, the
Greek authorities informed the Committee that the Attiki and Thessaloniki Directorates of Police
had been ordered to investigate the matter in depth by means of a Sworn Administrative Inquiry
(EDE). However, in the course of the 2015 visit, the CPT’s delegation discovered that no concrete
steps had been taken to investigate the very serious allegations of ill-treatment set out in the
Committee’s 2013 report.
23
24
25
The office now can also receive complaints against law enforcement officials concerning unlawful conduct
with racist or discriminatory motives and other insulting conduct against the personality of a person.
Consequently, non-Greek citizens are also included in the scope of the Office’ mandate.
According to statistics provided by the Internal Affairs Directorate, from the 142 complaints about illtreatment during arrest and/or detention by the police between January 2009 and October 2013, only 30 were
handed over to the competent prosecutors for prosecution against the police, while the Internal Affairs
Directorate was ordered to carry out further investigations into 55 cases.
Circular No 1165 of 23 March 2010 by the Public Prosecutor to the Supreme Court ordered that all complaints
of police ill-treatment be forwarded to the competent prosecutor in order to be investigated by the appropriate
body. Further it was stated that the investigations should not be carried out by a police officer serving in the
same police station as the alleged perpetrators of the ill-treatment. Summary Investigations can thus also be
assigned to the Internal Affairs Directorate or the Sub-Directorates of Administrative Investigations.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents