The provisions of the legislation on foreign nationals (article 4
par. 4 Act No 1975/1991) provide that in the context of the
criminal procedure, the Public Prosecutor of the Court of
Magistrates can abstain, upon the consent of the Public
Prosecutor of the Court of Appeal, from criminal proceedings
against a foreign national regarding the offence of illegal entry
into the Greek territory; in this case, the foreign national is
immediately turned back to the country of his departure or of
his origin. Until the relevant decision is issued by the Court of
Magistrates Public Prosecutor, the foreign national in detention is
treated according to the criminal procedural provisions.
- Stress should be put to the fact that the Ministry of Public
Order has shown particular concern about this matter. In
particular, the circular order Ref. No 4803/22/14-lst' of 31
March 1997, has been issued by the Ministry Secretary
General providing clarifications to the Police Departments and
stressing the police officers' obligations to provide the
necessary information to the foreign nationals detained for
violations of the legislation on foreign nationals (Act No
1975/1991).
I.
The same circular order, in addition to all other
measures intended for the information of foreign
nationals detained by the Police, ordered that the
information forms (D-33 and KA-141) should be
hung up in the detention areas of the Hellenic Police
Prisoner Transfer Departments, in all languages, thus
covering every aspect of the information field. The
same measure, of course, applies in the case of Greekdetainees.
II.
On the basis of the same circular order, police officers are
obliged to permit and facilitate the detained persons'
communication with their families, in order to let them
know where they are held, should they wish to do so,
and with their legal counsel (par. 12, section (e) of the
circular).
Police Authorities are required, under par. 12 g of the
circular, to facilitate the detained persons'
communication with the area's bar association, thus
permitting them to employ the services of the counsel, of
their choice, if they do not already have an attorney.
Page 12
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