- 17 In their responses to the reports on both the 2009 and the 2011 visits, the Greek authorities made reference to Circular No 1/10 of 23 March 2010 by the Public Prosecutor to the Supreme Court ordering all complaints of police ill-treatment to be forwarded to the competent prosecutor in order to be investigated by the appropriate body. Further, it was stated that the investigation should not be carried out by a police officer serving in the same police station as the alleged perpetrators of the ill-treatment. However, the information gathered during the 2013 visit indicates that prosecutors who are made aware of allegations of police ill-treatment do not systematically undertake any follow-up action. A number of detained persons also stated that judges before whom they had been brought had summarily dismissed their allegations of ill-treatment. 21. The CPT wishes to reiterate that the credibility of the prohibition of torture and other forms of ill-treatment is undermined each time officials responsible for such offences are not held to account for their actions. If the emergence of information indicative of ill-treatment is not followed by a prompt and effective response, those minded to ill-treat persons deprived of their liberty will quickly come to believe – and with very good reason – that they can do so with impunity. Therefore, it is self-evident that prosecutors and judges should take appropriate action when there are indications that ill-treatment by the police may have occurred. In this regard, whenever criminal suspects brought before prosecutorial or judicial authorities allege ill-treatment, those allegations should be recorded in writing, a forensic medical examination (including, if appropriate, by a forensic psychiatrist) should be immediately ordered, and the necessary steps taken to ensure that the allegations are properly investigated. Such an approach should be followed whether or not the person concerned bears visible external injuries. Further, even in the absence of an express allegation of ill-treatment, the prosecutor/judge should adopt a proactive approach; for example, whenever there are other grounds to believe that a person brought before him or her could have been the victim of ill-treatment, a forensic medical examination should be requested. The CPT recommends that prosecutors and judges be reminded firmly, through the appropriate channels, that they should act in accordance with the above-mentioned principles. 22. Following the persistent criticism by, inter alia, the CPT on the manner in which alleged human rights violations by the Hellenic Police are investigated, “the Office for addressing incidents of arbitrariness” was established under Law 3938/2011 and Presidential Decree 78/2011. According to the Law, the Office is established within the Ministry of Public Order and Citizen Protection and reports directly to the Minister. The Office is tasked with the collection, recording, assessment and further transmission for investigation to the competent bodies of complaints against personnel of the Hellenic Police, the Port Police, the Hellenic Coastguard and the Fire Brigade9. According to the Greek authorities, the Office “aims at providing more effective investigations of incidents of citizen ill-treatment or insults to human dignity by uniformed staff.”10 9 10 The Office will also be tasked with the investigation of complaints which have led to a decision against Greece by the European Court of Human Rights. Communication of 30 May 2012 from the Ministry of Citizen Protection to the CPT.