A/HRC/16/52/Add.4 to receive and consider individual complaints2 but has not signed its Optional Protocol (OPCAT). B. Regional level 8. In the context of the Council of Europe, Greece has ratified a series of relevant regional conventions, including the European Convention for the Protection of Human Rights (ECHR) and its major Protocols; the European Social Charter; and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. It has however not ratified the Council of Europe Convention on Action against Trafficking in Human Beings. C. National level 1. Constitutional and legislative provisions criminalizing torture 9. The Constitution of Greece, adopted in 1975 and amended in 1986 and 2001, contains provisions regarding torture and ill-treatment as well as fundamental safeguards for its prevention. Article 7(2) of the Constitution prohibits “torture, any bodily maltreatment, impairment of health or the use of psychological violence, as well as any other offence against human dignity”. Even in the case of public emergencies prescribed in article 48 of the Constitution no suspension of the prohibition of torture is possible, pursuant to article 4, paragraph 2, of the International Covenant on Civil and Political Rights.3 In addition, there are several legislative provisions prohibiting and punishing torture and cruel, inhuman or degrading treatment or punishment.4 10. Torture is defined in article 137A(1) of the Penal Code as an act (a) to obtain from a person or a third person a confessed testimony, information or statement of acceptance or repudiation of a particular policy or other ideology; (b) to punish this person, (c) to intimidate this person or a third person. Article 137A(2) further states that torture is “every orderly provocation causing intense physical pain or physical exhaustion that is dangerous for health or psychological pain that may cause serious psychological damage, together with any illegal use of chemicals, drugs or other physical or technical means in order to bend the will of the victim” committed by a public official or military officer for the specific purposes laid out in article 137A(1). 11. According to article 137A(1) of the Penal Code, torture is criminalized and “punishable by imprisonment”. Less serious cases and other offences against human dignity are punishable by at least three years’ imprisonment.5 In most serious cases the penalty is of at least 10 years’ imprisonment6 and life imprisonment if the victim dies.7 In addition, persons convicted of offences described in articles 137A and 137B are automatically 2 3 4 5 6 7 Art. 22, CAT. HRI/CORE/1/Add.121, p. 17. Articles 137A-D Penal Code, articles 2 to 4 Code of Ethics for Police Officers, Presidential Decree 254/2004, including the prohibition of excessive use of force. Article 137A(3) Penal Code: less serious cases involve “physical injury, health damage, execution of illegal violence, physical or psychological, or any other serious offence against human dignity […]. As breaches of human dignity are mainly considered: a) the use of truth detector, b) prolonged isolation, c) a serious breach of sexual dignity”. Arts. 137B(1) and (2) Penal Code. Art. 137B(3) Penal Code. 5

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