- 33 In the CPT’s view, information concerning detained persons’ health should be kept in a
manner which ensures respect for medical confidentiality. Ideally, health-care staff may inform
custodial officers on a need-to-know basis about the state of health of a detained person; however,
the information provided should be limited to that necessary to prevent a serious risk for the
detained person or other persons, unless the detained person consents to additional information
being given. Further, non-medical staff should not be involved in the distribution of medication.
The CPT recommends that the Greek authorities ensure that the principle of medical
confidentiality is strictly respected, in the light of the above remarks. If necessary, the
relevant legislation should be amended and/or instructions to police officers reviewed.
51.
The Committee has previously advocated that the Greek authorities establish a system of
regular visits by doctors and/or nurses reporting to a doctor to police stations to screen new arrivals
and adequately deal with potential medical problems (including contagious diseases). In the light of
the 2015 findings, the CPT reiterates the need to put in place such a system, in order to ensure that
detained persons are allowed to access promptly a health-care professional and that medical
confidentiality is respected during police custody. The establishment of such a scheme will serve
the interests of both the individual and public health protection.
The CPT recommends that the Greek authorities review the provision of health care in
police stations and consider establishing a system of regular visits by doctors and/or nurses
reporting to a doctor.
52.
As for information on rights, a two-page information leaflet (Δ-33 form) detailing the rights
of detained persons was available in various languages in most police stations visited. The CPT’s
delegation noted that, in addition to detained persons’ rights of access to a lawyer and notification
of custody, the updated document now also refers to the right to request an examination by a doctor
provided by the police, but also by a doctor of the detained person’s own choice at his/her own
expense.36 It further mentions the possibility to refer any complaints to a superior police officer.
This is positive. A copy of the leaflet was usually attached to the wall in the corridor outside the
detention space, in the majority of police stations.
However, the CPT’s delegation met again a number of detained persons who alleged that
they had not been informed of their rights or that they were unable to understand the information
provided. Several foreign nationals claimed that they had signed documents in the Greek language
without knowing their content. None of these persons had a copy of the information leaflet at hand.
The CPT reiterates its recommendation that the Greek authorities make additional
efforts to ensure that all persons taken into police custody are systematically and without
delay informed of all their rights. They should always be given a copy of the information
leaflet.
Further, effective steps should be taken to ensure that detained foreign nationals who
do not understand this information are promptly provided with the services of an interpreter
and are not requested to sign any statements or other documents without such assistance.
36
In addition, it mentions that the police authority assists in providing medical help through a state health
institution.
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