fundamental fair trial rights. Arbitrariness while in police
custody should be the subject of further research in a
separate project which will provide insight into police
practices through primary research and offer targeted
capacity building, as well as policy interventions.
Access to case file:
•
The Greek legal framework secures wide access to the
case file.100 In practice, challenges exist in situations where
the accused is still in police custody. Often, the police will
claim that they have not yet transcribed the hearing, or
one needs to access files from different government
agencies, which is difficult without a mandate,
exacerbated also by the geography of the country
(mainland/islands).
The low use and quality of legal aid:
•
Legal aid should be improved through policy changes
aimed at engaging more lawyers in the relevant scheme.
These should include improvements in the compensation
process, which is currently riddled with bureaucratic
obstacles and significant delays.
•
Furthermore, accreditation mechanisms should be in
place for lawyers admitted in the legal aid lists for criminal
law cases, which should include competence tests.
•
Trainings on the legal framework and judicial practice on
pre-trial detention should also be organised in
collaboration with bar associations across Greece.
•
Monitoring the quality of legal aid lawyers and a need for
reforms of the legal aid system as well as the creation of a
mechanism to monitor and evaluate lawyers.
Alternatives:
•
•
Restrictive measures are often used as an alternative to
unconditional release and not to pre-trial detention. Also,
a certain reluctance to order house arrest with electronic
monitoring has been observed (there have been instances
whereby the electronic equipment has been violated). An
additional barrier in this case is the obligation for the
defendant to pay in advance for the – considerable –
expenses related to the measure’s implementation.
Pre-trial detention is ordered quasi-automatically when the
accused does not have a known residence in the country.
The recent influx of third-country nationals in Greece, has
led to a large number of non-EU nationals in pre-trial
detention.101 It remains to be seen whether the intent to
abscond required under the new law is going to be
interpreted as prohibiting this type of decision-making in
cases of lack of known residence.102
The lack of confidentiality of communication:
•
Recommendations
The lack of confidentiality in client-lawyer communications
was identified as problematic. It was proposed that privacy
during the pre-trial proceedings should become a
requirement in national law. An amendment of the current
legal framework in compliance with the standards of the
access to a lawyer directive should, therefore, be
proposed and implemented.
In the meetings of the national working group103 and
subsequent roundtable events,104 the following main steps
were identified in order to tackle the above challenges:
Poor quality of translation and interpretation:
Arbitrariness in police custody:
•
Another specific issue was poor interpretation services. A
national accreditation system for interpreters and
translators should be established, alongside a mechanism
to supervise interpreters and translators and to monitor
the quality of their work, as well as to provide trainings for
them.
•
The criteria for admission to the relevant lists should be
strict and ensure the good quality of interpretation for an
extended number of languages.
•
At the same time, trainings for interpreters should be
organised and implemented, perhaps through a
collaboration between the Ministry of Justice and the bar
associations.
•
•
Disparity between law and practice: a main observation
stemming from the research is that the law and practice
of pre-trial detention in Greece are two different things.
While the provisions applicable to the regime largely
comply with the standards set in the Directives and the
ECHR, in practice severe infractions are observed,
particularly regarding police custody.
Major differences in the ability of suspects/defendants to
exercise their rights were observed depending on whether
a suspect/accused was held in police detention. This
essentially creates a two-tier system, where some accused
persons are subjected to severe violations of their
100 Pursuant to Article 100 and following of the Greek Criminal Procedure Code, the accused is informed on the full content of the charges and investigation documents by the
investigating judge when they appear for their hearing. They may, then, request a deadline of a minimum of 48 hours to provide their statement. The accused or their lawyer
may study the charges and investigation documents and receive copies – the accused bearing the relevant expenses. The same applies to all subsequent hearings. The
accused who does not speak or understand the Greek language has the right to have all essential documents translated. Any restrictions to this right are, in principle,
temporary and due to practical reasons (e.g. the file is with the prosecutor). The possibility to extend the deadline for the hearing beyond 48 hours at the accused person’s
request is particularly important for the effective exercise of the right to access the case file, especially in complex cases with large case files.
101 See general prisoner/penalty statistics provided by the Ministry of Justice, Transparency and Human Rights, available in Greek.
102 Article 286 (1) Greek Criminal Procedure Code.
103 The national working group was composed of eight criminal justice experts, four of whom are or were investigating judges. It further included one criminologist and three
defence lawyers. The working group first met on 4 July 2018 in Athens, three follow-up meetings took place.
104 On 7 December 2018 in Nafplion, on 21 February 2019 in Komotini and 26 February 2019 in Athens, three roundtable events were held in Greece. Representatives from
different legal professions contributed to the discussions, including judges, investigating judges, public prosecutors and defence lawyers.
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