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“Police Functions, Practices and Human Rights Protection: the Case of Greece”

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“Police Functions, Practices and Human Rights Protection: the Case of Greece” UNIVERSITY OF MACEDONIA DEPARTMENT OF BALKAN, SLAVIC AND ORIENTAL STUDIES ASTERIOU KORINA “POLICE FUNCTIONS, PRACTICES AND HUMAN RIGHTS PROTECTION: THE CASE OF GREECE” SUPERVISOR: Dr. ZAÏKOS NIKOLAOS GRADE: 9 THESSALONIKI, MAY 2020 "I hereby declare, that all the data used in this work, have been obtained and processed according to the rules of the academic ethics as well as the laws that govern research and intellectual property. I also declare that, according to the above mentioned rules, I quote and refer to the sources of all the data used and not constituting the product of my own original work". Asteriou Korina 1 Acknowledgements Indulging into human rights, which was one my of my deepest desires on the academic aspect of my life, became a reality a year ago, with my admission to the master’s degree program in “Politics and Economics of Contemporary Eastern and Southeastern Europe”. My attendance at the department of “Balkan, Slavic and Oriental Studies” and especially at this program, was a highly rewarding experience, as I have gained valuable knowledge that enriched my initial information and opened my horizons to a whole new disciple, the political science. Due to the courses I have attended, I got in touch with a complete new way of perceiving the reality which made me appreciate a lot the field of political science and enlarged my desire to continue further my studies on it. After the end of these two semesters, I feel full of new ideas, information, but most of all, of strong will to get deeper into the political and legal discipline and research. I would characterize the year that passed as a precious journey of knowledge and understanding of our society’s function. At this point, I would like to express my heartfelt thanks to the professor of International Law, Nikolaos Zaïkos, who offered to me, apart from lectures of an excellent quality, precious guidance for the elaboration of my master’s research thesis. So, I thank him from the bottom of my heart for the priceless knowledge transferred to us and for this excellent cooperation in this final stage of my master’s degree, based on his morality. At this point, I would also like to thank the other two members of my advisory committee, Dr. Tsibiridou Fotini and Dr. Tsitselikis Konstantinos, who devoted their precious time to examine and evaluate my final paper. In this huge leap though in my life, I could not but having beside me some very positive people, who supported my try in a manner of ways, either psychologically or materially. So, I would like to express my deepest thanks to these two people, my dear parents, Anna Tsakona and Vassilis Asteriou, for their multilateral support, but most of all, for trust they gave me, which constitutes crucial element of my effort to complete this cycle of studies. Moreover, I thank a lot my husband, Anastasios Prodromiadis, who constituted for me a supporter and a source of inspiration for my research in human rights regarding the Police. In the end, I could not but thank a very important person in my life, my closest friend, Theodoros Lyriotakis, whose support was beyond 2 expectations. He still constitutes a great inspiration for my career goals. So, to all these people, I express my sincere and huge “thank you”. 3 Abstract Police Directorates are multiple and so are their functions. All these years, a series of human rights violations have occurred among these functions. So, the United Nations in order to minimize unlawful Police actions and promote the legitimate and appropriate manners of law enforcement for the sake of the entire society and without any discriminations towards the vulnerable social groups, formulated the rightful code of conduct for policemen which is based on the Universal Declaration of Human Rights, the International Human Rights Law and the International Humanitarian Law. Principal Functions of the Police, such as arrest, detention, investigation, use of force and firearms, law enforcement in times of armed conflicts and terrorist attacks, the correct attitude towards particularly sensitive social groups, such as women, juveniles and refugees, as well as, Police’s responsibilities, duties and lawful management of firearms constitute the mandatory knowledge n officer must have. However, apart from United Nations and the Universal Declaration on Human Rights, which constitutes the international umbrella of human rights, there are further transnational instruments and tools that secure human rights protection, such as the European Charter of Human Rights and the European Convention on Human Rights for the European cases of human rights infringement, combined with the European Court of Human Rights for vast justice bringing to the victims of human rights abuse. On the Greek domestic level, Police has been for many years associated with far right movements and very conservative beliefs, often leading to its officers committing serious crimes against minorities and vulnerable individuals. During the period of the dictatorship, Police constituted the main instrument of maintenance of that regime via its notorious and abominable torture and exile sending of the opposed to the, so called “Regime of the Colonel”. The contribution of the European Instruments played a dominant role, but the final overthrow came with the bloody Polytechnic Uprising in 1973. Some very dominant public figures, who got heavily tortured during that era, are Spyros Moustaklis and Alexander Panagoulis. As long as it concerns the contemporary Greece, Police values remain up to a certain degree the same. Arbitrariness, abuse of power and torture still take place, whereas justice restoration seldom occurs. The press, illegal migrants, addicts, refugees and marginalized people constitute the most frequent victims, while juveniles are not 4 excluded from torture. Some very famous cases are the ones of Alexander Grigoropoulos, Nikos Sakellion, Augustine Dimitriou and Zak Kostopoulos. The conditions now of the Greek prisons are cruelty unhealthy and dangerous. The convictions of Greece by the European Court of Human Rights are numerous. Meanwhile, the refugee crisis hitting Europe incommoded the already dysfunctional European reality of the financial crisis, as Euroscepticism, extremism and nationalism got raised. Many E.U. states, after their national elections that brought the far right parties to power, embraced a very strict anti-migratory policy and closed their borders to refugees. A number of human rights violations got recorded all over Europe. In the Greek level, many human rights infringements of the asylum seekers occurred by the authorities and that lead to multiple convictions by the ECtHR. The deepest though wound constitute the unaccompanied children who live under terrible conditions. Referring to the Greek national level, alterations to the Penal Code have been made in order to penalize unlawful police acts and bring corrupted state officials to justice. Multilevel change and strong control and reorganization of the Police, combined with justice restoration and the formation of an effective judicial system must take place in order for the society to get significantly ameliorated. Key words: Police, Refugee Crisis, Unaccompanied Children, Human Rights, Police Functions 5 Table of Contents Acknowledgements .................................................................................................................. 2 Abstract .................................................................................................................................... 4 Table of Contents ..................................................................................................................... 6 List of Abbreviations & Acronyms ........................................................................................ 8 Introduction ............................................................................................................................. 9 1. Police Functions According to the United Nations: International Police Practices Respectful to Human Rights ................................................................................................. 11 General Remarks ................................................................................................................. 11 1.1 Armed Conflicts ............................................................................................................ 12 1.2 Terrorism ....................................................................................................................... 15 1.3 Detention ....................................................................................................................... 16 1.4 Arrest ............................................................................................................................. 17 1.5 Use of Force & Weapons .............................................................................................. 18 1.6 Investigation Tactics ...................................................................................................... 19 1.7 Treatment of Special Social Groups .............................................................................. 19 1.7.1 Women ................................................................................................................... 19 1.7.2 Children .................................................................................................................. 21 1.7.3 Refugees & Migrants .............................................................................................
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