Where’s my lawyer? Making legal assistance in pre-trial detention effective 2. Greece Main findings and key challenges Research indicates that Greek law is generally compliant with EU and fundamental rights standards in the area of pre-trial detention. Recently, both the Criminal Code and the Criminal Procedure Code (the CPC) underwent significant amendments.97 However, serious shortcomings are observed in practice, particularly concerning access to a lawyer at the stage of police custody. More specifically, the following challenges were identified: the limited information provided to persons in police custody was found to be highly problematic and a major bottleneck concerning the goal of legal assistance from the very beginning of criminal proceedings. The recent amendments of the CPC extend the possibility of exofficio appointments also to persons in police custody. • Access to lawyer in police custody: • Lawyers’ attempts to contact and communicate with their clients immediately upon arrest depend on the officers handling of the case, including obstacles like hours of waiting for the lawyer to see the client without being informed about the reasons for it. Research has shown that communication over the phone is challenging, since contact must be made by the suspect, and they often do not have access to a phone or are not provided with phone cards in order to make the call. Confidentiality of consultation: • The Letter of Rights is worded in a standardised manner and it is not clear that it can be understood by suspects without legal training. Furthermore, its availability in a sufficient number of languages is not ensured. • In addition, serious infractions regarding the obligation to inform the suspect or the accused of their right to have their lawyer present and of their right to remain silent were reported. In particular, the meaning of the term immediately was found not to be sufficiently clear, especially in cases where there is no arrest or detention. Privacy and confidentiality of consultations with the defence lawyer are not sufficiently ensured. Adequate time to prepare for the initial pre-trial detention hearing: • Information about rights: • The compensation process in the legal aid system needs improvement, as it is currently riddled with bureaucratic obstacles and significant delays. The time available for preparation varies considerably, depending on the type of proceedings. For crimes caught in the act, there is a statutory deadline of three days within which the accused must appear before the investigating judge and during which the defence can be prepared. In other cases, a longer deadline for the hearing is usually provided. Translation and interpretation: • Despite the legal position setting out the right to an interpreter and the obligation to provide interpretation without delay, in practice, there is a severe shortage of interpreters at the pre-trial stage of the criminal proceedings.98 Interpretation services are available when the accused provide their statement but seldom during other times. • Furthermore, there is a lack of credible accreditation schemes for interpreters which often results in low-quality services.99 Locating interpreters of ‘rare’ languages, which may nonetheless concern a significant number of accused persons, is difficult. Legal aid: • Legal aid is rarely made use of at the pre-trial stage and the police rarely inform suspects or accused persons of their rights to legal aid while they are in police custody. The situation was found to be different regarding the exofficio appointment of a lawyer by the investigating judge. The limited access to legal aid and, in particular, 97 On 11 June 2019, the Government Gazette published the new Criminal Code and Criminal Procedure Code, laws 4619 and 4620. The new laws apply for all criminal court proceedings beginning as of 1 July 2019. Article 101, Greek Criminal Procedure Code. Suspects who do not speak or do not sufficiently comprehend the Greek language have the right to an interpreter. Interpretation is provided without delay at any stage of the criminal proceedings and includes, if necessary, communications between the accused and their lawyer. In accordance with Ministerial Decree 67299 (O.G.G. Issue Β No 2711/10.10.2014) which determines the qualifications of listed interpreters, it is sufficient to hold a high school diploma form a Greek or foreign school as well a certificate of knowledge of the Greek language, if the interpreter is a non-national. 98 99 35