- 23 The CPT recommends that the information sheets be amended to include the right of
access to a doctor. Further, the Committee calls upon the Greek authorities to ensure that
forms setting out the rights of persons brought into police custody are systematically provided
to such persons in the appropriate language, at the very outset of their custody.
v.
custody records
39.
All police and border guard stations visited make use of a general custody register. In this
register, the duty officer records the date and time of admission and discharge of a detained person,
as well as all external movements, such as a hospital visit.
Some of the custody registers consulted by the CPT’s delegation were not adequately kept.
For instance, on 23 September 2009, a detained Russian national had not been registered despite
being held at Soufli Border Guard station for about 10 hours at the time of the delegation’s visit.
Further, on 22 September 2009 at Xanthi Police Station, the delegation met a man who said that he
had been detained at Kavala Police Station for some time the day before. These statements were
confirmed by detained persons at Kavala Police Station and at Xanthi Police Station. However, the
custody register at Kavala Police Station does not make any reference to this man.
In other cases, the custody register held inaccurate information, possibly deliberately so. For
instance, at Serres Police Station, the custody register recorded that a detained Romanian national
was sent to Serres hospital and returned on the same day, when in fact he had spent the period
between 16 and 18 August 2009 in the hospital, allegedly after having been ill-treated by members
of the Serres security police.34
40.
The CPT considers that the fundamental guarantees of persons placed in police custody
would be reinforced if a single and comprehensive custody record were to be kept for each of these
persons. In this record would be entered all aspects of custody and all measures taken in connection
with it (when and for what reason(s) the custodial measure was taken; when the person arrived on
police premises; when he/she was informed of his/her rights; whether he/she showed signs of
injury, health alert issues given with the consent of the detained person, etc.; in which cell(s) he/she
was placed; when fed; when questioned; when he/she had contacts with and/or visits from close
relatives, a lawyer, a doctor or a representatives of the consular services; when transferred; when
brought before a prosecutor; when remanded or released, etc.).
Further, for various matters (for example, the personal possessions or evidence of
information on and exercise of fundamental rights), the detained person’s signature should be
required and, where appropriate, its absence duly accounted for. This would make it possible to
check more accurately whether detained persons had availed themselves of their rights, and would
also protect police officers against false allegations. The records with these details should be kept at
the location where the person concerned is detained and be accessible to the detained person’s
lawyer.
34
This was corroborated by both the administrative and medical records which the medical members of the
CPT’s delegation consulted at Serres Hospital and by two persons who had been detained at Serres Police
Station at the same time as the Romanian national.
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