CAT/C/GRC/CO/5-6
Prompt, impartial and effective investigations
13.
While noting the establishment of an Office, within the Ministry of Citizen’s
Protection, responsible for addressing allegations of arbitrariness against law enforcement
personnel, the Committee expresses its concern at information that the Office is not yet
operational, that its mandate is reportedly limited to ruling on the admissibility of
complaints and that cases will be transferred to the relevant disciplinary bodies of the
security forces for further investigation. The Committee thus remains concerned at the lack
of an effective independent system to investigate complaints of torture, ill-treatment or
excessive use of force and it is concerned at the deficiencies in according protection from
ill-treatment or intimidation to victims as a consequence of filing a complaint or giving
evidence (arts. 12 and 13).
The State party should:
(a)
Strengthen existing mechanisms for monitoring and oversight of the
police and other public officials, including by establishing a reliable, independent and
accessible complaints system to undertake prompt, impartial and effective
investigations into all allegations of torture, ill-treatment or excessive use of force;
(b)
Certify that all such allegations are recorded in writing, that a forensic
medical examination is immediately ordered, and that the necessary steps are 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;
(c)
Ensure that, in cases of alleged torture, suspects are suspended from
duty immediately for the duration of the investigation, particularly if there is a risk
that they might otherwise be in a position to repeat the alleged act or to obstruct the
investigation;
(d)
Take effective measures to ensure that all persons reporting acts of
torture or ill-treatment are accorded adequate protection.
Conditions of detention
14.
The Committee reiterates its serious concern at the failure of the State party’s
authorities to improve the conditions of detention in its police stations and prisons. The
Committee is particularly concerned that the level of prison overcrowding, despite some
improvements in certain facilities, remains alarming. The Committee also expresses its
serious concern at the deplorable material and sanitary conditions in many police stations
and prisons, insufficient staff levels, including medical professionals, and lack of basic
supplies (arts. 2, 11 and 16).
The State party should adopt urgent and effective measures to ensure that detention
conditions in police stations, prisons and other detention facilities are in conformity
with the United Nations Standard Minimum Rules for the Treatment of Prisoners
(Beijing Rules). In particular, the State party should:
(a)
Alleviate the overcrowding in prisons, including through the wider use of
non-custodial measures as an alternative to prison sentences;
(b)
Take immediate and effective measures to improve the material and
sanitary conditions in both police stations and prisons, ensure the provision of basic
supplies, and appoint a sufficient number of trained staff, including medical
professionals.
Prolonged periods of pretrial detention, juveniles
15.
While noting some recent legislative initiatives, the Committee is concerned at the
long periods of pretrial detention, including in the case of juveniles, due to shortcomings
and considerable delays in the judicial system. The Committee is also concerned at the
4