- 10 II.
FACTS FOUND DURING THE VISIT AND ACTION PROPOSED
A.
Law enforcement agencies
1.
Preliminary remarks
10.
The CPT’s delegation visited a number of establishments under the authority of the Ministry
of Public Order (police headquarters and stations, transfer centres, detention facilities for foreign
nationals2), certain of them for the first time. It also visited establishments of the Coast Guard’s Port
Police, under the authority of the Ministry of Merchant Marine and special holding facilities for
aliens under the joint responsibility of the Prefectures and the Ministry of Public Order.
11.
The rules governing detention of criminal suspects by the police have not changed since the
visit by the CPT in 2001 (cf. CPT/Inf (2002) 31, paragraph 10). The Committee was, however,
pleased to note the circular by the Greek Chief of Police of 4 July 2003 on “treatment and rights of
persons detained by Police authorities”. The circular recalls the legal obligations upon the police to
protect fundamental human rights of persons deprived of their liberty, and makes specific reference
to both Greek and international law.
More particularly, the circular recalls explicitly the prohibition on the use of violence, the
requirement to inform the detainee of the reasons for detention, the posting of information on
detainees rights while in detention (including special efforts for persons not understanding Greek).
The circular also reiterates the right of detainees to communicate by telephone with their relatives
or other persons of their choice, and to receive visits from inter alia family, NGOs, international
committees and, specifically points to the absolute right of contact with lawyers. In addition, the
circular reminds police officers of the serious criminal and disciplinary charges they will face for
acts of violence against detainees. Finally, police officers are requested to be more sensitive in their
behaviour towards “vulnerable” detainees, which include minors, asylum seekers and foreign
nationals in general. The circular is evidence of the resolve by the senior police command that
persons deprived of their liberty should always enjoy the rights to which they are entitled.
Regrettably, the findings of the CPT’s delegation in the course of the 2005 visit highlighted
that many of the above rights were not respected in practice and, moreover, that there continues to
be a widespread use of violence by the police against persons deprived of their liberty.
2
It should be noted that foreign nationals could be held as irregular immigrants in administrative detention at
police stations, police holding facilities and “special holding facilities for aliens”, the last-mentioned being
operated by the Ministry of Public Order in collaboration with the Prefectures (at the time of the visit). The
CPT’s delegation visited these various types of facilities during its visit. The “special holding facilities for
aliens” are examined under Section II.A.6 of this report.
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