- 23 4.
Safeguards against the ill-treatment of detained persons
a.
introduction
37.
In previous visit reports, the CPT examined in detail the formal safeguards against
ill-treatment which are offered to persons detained by the law enforcement agencies in Greece and
their operation in practice. The Committee has placed particular emphasis on three fundamental
rights, namely the right of detained persons to inform a close relative or another third party of their
choice of their situation, to have access to a lawyer, and to have access to a doctor. It is equally
fundamental that persons detained by the law enforcement agencies be informed without delay of
all their rights, including those mentioned above.
These rights exist in Greek law and the circular by the Chief of Police, referred to in
paragraph 11 above, reiterates the duty of the police to facilitate their practical application.
Regrettably, the findings from the 2005 visit highlighted that all too often they remained rights in
theory only, rather than in practice.
b.
notification of custody
38.
The information gathered by the CPT’s delegation indicated that persons deprived of their
liberty were being offered the possibility to inform their relatives, and on occasion other third
parties of their choice of their situation, as from the outset of their custody. However, there were
complaints from a number of persons, particularly those with injuries, that they had not been
informed of their right to inform their relatives of their situation nor given the opportunity to do so.
The CPT has taken note of the previous responses by the Greek authorities on this issue that,
through an analogous application of Article 105 of the Code of Criminal Procedure, restrictions of
the rights of detained persons may be imposed if there is a “danger of damage to the work of
investigation in order to find out the truth”11.
The CPT is not convinced that the denial of this right, in the cases examined, always
stemmed from the legitimate demands of the investigation. The CPT recommends that the Greek
authorities clearly circumscribe in law when the exercise of the right to inform a third party
of one’s custody can be delayed and that any such a delay be made subject to appropriate
safeguards (i.e. any delay to be recorded in writing along with the reason, and to require the
approval of the prosecutor or judge) and strictly limited in time.
11
cf. CPT/Inf (2001) 19, pages 79 to 80 and CPT/Inf (2002) 32, page 21.
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