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Response of the Government of Greece to the Report of The

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Response of the Government of Greece to the Report of The CPT/Inf (2012) 2 Response of the Government of Greece to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its visit to Greece from 20 to 27 January 2011 The Government of Greece has requested the publication of this response. The report of the CPT on its January 2011 visit to Greece is set out in document CPT/Inf (2012) 1. Strasbourg, 10 January 2012 Note: In accordance with Article 11, paragraph 3, of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, certain names have been deleted. - 3 - CONTENTS Response of the Ministry of Citizens Protection (police and irregular migrants), dated 7 July 2011................................................................................................................................ 4 First bi-monthly periodical report of the Ministry of Citizens Protection, dated 8 June 2011, in relation to paragraphs 21 and 26 of the CPT’s report on the January 2011 visit ................. 41 Second bi-monthly periodical report of the Ministry of Citizens Protection, dated 31 August 2011, in relation to paragraphs 21 and 26 of the CPT’s report on the January 2011 visit ................. 52 Third bi-monthly periodical report of the Ministry of Citizens Protection, dated 26 October 2011, in relation to paragraphs 21 and 26 of the CPT’s report on the January 2011 visit ................. 61 Response of the Ministry of Citizens Protection (police staffing issues), dated 16 June 2011........................................................................................................................... 69 Response of the Ministry of the Interior (irregular migration), dated 12 July 2011............................................................................................................................ 71 Response of the Ministry of Justice (prisons), dated 23 June 2011........................................................................................................................... 73 - 4 - Response of the Ministry of Citizens Protection (police and irregular migrants), dated 7 July 2011 Hellenic Republic Athens, July 7th 2011 Ministry for the citizen protection Hellenic Police Headquarter Security sector Aliens Directorate 1st dept. of immigration and Administrative measures/3rd office 4 P. Kanellopoulou street, 101 77 Athens Ref. no: 6634/1-486282 Subject: “Visit of the European Committee against tortures (CPT) in our country (20-27.01.2011). Committee’s requests to the Greek agencies per their authorization” Attached: a) Your document under no: Φ 29083/21-06-2011 b) Your document under no: Φ 18855/28-04-2011 (with the attached on it: The document of the P.R. of Strasburg under no: 6691/32/ΑΣ 365/24-03-2011 and the text of the report of the Council of Europe for the tortures’ prevention and the cruel or humiliating treatment or punishment (C.P.T) relating with the recent team’s visit in our country (January 19-27 2011). c) Our document under no: 71778/11/567972 of 09-06-2011 (with the attached on it: our document under no: 6634/1-485886/08-06-2001 – Submission of bimonthly periodic report for the area of Evros (to all persons concern). A. In reply of the above under (a) document and of our under (c) regarding the contents of the report of the above committee of our authorization, we would like to inform you the following per each separate paragraph (recommendations/ supply of information): II) Facts verified during the visit and action recommended: A. Detention of illegal financial immigrants 2. Abuse Paragraph 15: Recommendation for taking from the Greek authorities of strict measures for the handing of abuse actions including the investigation and reminder to all Police Officers that the abuse is subject to strict penalties. Regarding the human rights abuse, the Police officers are subject to a continuous administrative control, secured by the especially strict Disciplinary Law (P.D. 120/2008) and the punishment of the offending behaviors is awarded the soonest possible. - 5 - > In accordance with the provision of par. 1 of article 23 of P.D. 120/2008, the investigation of the disciplinary offences presumed to have been committed by policemen against citizens, is preceded of the investigation of any other disciplinary offences while, per article 10 par. 1 case c’ of the same Presidential decree, actions consisting tortures or other insults of the human dignity in the meaning of section 137A of penal Code, incurs the penalty of dishonorable discharge. Regarding the cases the reasoning of which is verified, there are imposed the provided sanctions against the offender police officers. In this case, the exercise of disciplinary prosecution lies with their Police seniority rank and not with the Directors of Police Directorate level (article 22 of P.D. 120/2008) while the disciplinary interrogation is obligatory entrusted to officers of other Directorates (article 26 par. 4 of P.D. 120/2008) with the exception of the general police Directorates of Attica and Thessalonica, the Sub-Directorates of Administrative examinations of which are entitled to carry out these interrogations and the indicted police officers are not administratively subject to them. > By virtue of the new Disciplinary law for the Police personnel (P.D. 120/2008 – GG issue A’ 182/02-09- 2008): (i) Art. 10 of P.D. 120/2008 provides a new offence incurring the penalty of dishonorable discharge, the exceptionally indecent or undignified for police officer conduct into or off his service. (II) There have been upgraded and punished with a graver penalty (lay off, dismissal – article 11 – instead of lay off temporal suspension) with ancillary clause, offences such as: a) Any action contradictory to the official duty or consisting serious neglect or incompatible to the police officer’s capacity conduct if another provision does not punish it with a graver penalty. b) The cruel behavior to citizens does not fall to case c’ of par. 1 of article 10. > The disciplinary legislator with the provision of par. 1 of art. 21 of P.D. 120/2008 follows the principle of legality in the exercise of the disciplinary prosecution by establishing as duty (obligation) of the competent disciplinary bodies to exercise it ipso jure when apply the provided for this purpose terms and conditions (articles 4, 6, 7, 25 and 26 of P.D. 120/2008). > In compliance with the above recommendation, it has been issued the no: 6004/12/50-a’ of 16-06- 2011 order of the Head of Army staff of the Hellenic Police Head quarters (copy of which is attached herein) by virtue of which it is reminded to all personnel of the Hellenic Police the major provisions from which derive the obligation for the protection of human life, respect of human dignity, prohibition of discriminations, tortures and any cruel or humiliating treatment and punishment concerning the issue of the protection of citizens right and the behavior in general of the police officers against the citizens, pointing out to them that this is an of ultimo importance issue for the Hellenic Police headquarters and in cases which, it will be verified via an administrative inquiry any violation of these principles and values , shall be imposed into the frame of the expressed will of the political and physical leadership for a zilch tolerance in issues of violation of human rights, strict disciplinary sanctions, having also be pointed out that in cases of any information identical of possible individual’s abuse, the administration must be effectively activated in accordance with the provisions of P.D. 120/2008 “Disciplinary Law of Police Personnel” for its investigation and imputation of the prorate with the gravity of action disciplinary sanctions, giving thus the sense that such actions will always be punished. - 6 - It has been pointed out that it is threatened under the disciplinary law in force: i. The penalty of dishonorable discharge for: - Actions consisting tortures and other insults of human dignity in the meaning of section 137 A of penal Code (article 10 par. 1 case c’). - An exceptional indecent or undignified for police officer behavior into or off service or conduct witnessing a corrupted character (article 10 par.1 case ib’). - Grave intentional violation of official duty (article 10 par. 1 case ic’). ii) The penalty of lay off with discharge for: - Any action contradictory to official duty or serious neglect of it or incompatible for a police officer behavior if it is not provided a graver penalty (article 11 par. 1 case I’) - Cruel behavior to citizens if it does not fall in the case c’ of apr.1 of article 10 (article 11 par. 1 case ia’). Paragraph 15: requests for information supply – Abuse cases: B. Abuse case – Maltreatment of illegal immigrants, detained in the special of the guardhouse of the Police Directorate of Orestiada Regarding this case, the general police directorate of the area of Central Macedonia & Thrace, based on those referred to in the relevant paragraph of the report, has ordered a sworn Administrative inquiry (E.D.E) the conduct of which has been entrusted to a Police officer of another Directorate (P.D. of Alexandroupoli). After the completion of the interrogative procedure and the taking of decisions from the competent body we shall inform you about its results. C. Abuse case – Assault and intimidation of immigrants applying for asylum in the of the Athens airport. The General Police Directorate of Attica, has ordered on the basis of those referred
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