E/CN.4/1993/26 page 49 221. The Government reported that on 11 April 1991 Vasilios Makripoulias and Argyrios Kavatas appeared spontaneously at the police station in Thebes and testified under oath that they wished to withdraw the charges they had filed against two police officers and that they did not wish them to be prosecuted, adding that on 7 April 1991 (the date on which they had filed the complaint) they had acted under the influence of alcohol. Nevertheless, the Ministry of Public Order ordered an administrative investigation on 9 April 1991, which was completed on 25 April 1991. The results showed that the acts of the police officers during the arrest and detention of the complainants had been correct and, as a consequence, no disciplinary measures were taken against them. 222. Artan Malaj, a 17-year-old Albanian, was arrested by the police on 3 May 1991 and taken to the General Security in Alexandras Avenue, Athens. While in custody he was beaten in the head and stomach. 223. The Government reported that, according to the preliminary investigation ordered by the Public Prosecutor of the Magistrate's Court in Athens, Mr. Malaj's injuries were caused by his fall from the stolen motorbike he was driving. On this basis, the Public Prosecutor dismissed the complaint as unfounded. The results of the administrative investigation, based on Artan Malaj's depositions, as well as on those of the involved citizens and police officers, on the medical examination report and on the file of proceedings of the case showed, inter alia, that Mr. Malaj's allegations were unreliable and that he had filed a complaint to the Public Prosecutor only after an unsuccessful attempt to escape, obviously for reasons of revenge. 224. Mehmet Hayrettin Arat, a Kurd and a Turkish citizen, was arrested on 25 June 1991 on drug-related charges. While in custody he was punched in the face, threatened with a revolver and had a plastic bag put over his head so he could not breathe. He was also subjected to falanga (beating on the soles of the feet), after which he was forced to run on his swollen feet. 225. The Government replied that no complaints for ill-treatment had been lodged with any judicial or administrative authorities during the course of the legal case against Mr. Mehmet Hayrettin Arat. His co-defendants, one of whom was his compatriot, made no mention of ill-treatment. 226. Dimitris Papatheodoros, a businessman, was arrested on 4 July 1991 in Athens by the police who took him to the 4th Police Station. While in custody he was slapped, kicked and hit, made to strip naked and subjected to a body search. 227. The Government reported that the 13th (police) Magistrate of Athens is carrying out the preliminary investigation. The Ministry of Public Order has not taken a definite decision about any disciplinary responsibility of the policemen involved in this case, pending a decision by the judicial authorities.

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