A/HRC/16/52/Add.4 16. Criminal investigations can be initiated parallel to the administrative investigation without being bound by its conclusions. However, the disciplinary authority is bound by the judgement of the criminal court with regards to the existence or absence of material facts. Criminal investigations are launched by the public prosecutor ex officio or at the police investigators’ request. If, in the course of the administrative investigation, the act of the concerned police officer is considered a criminal offence, the superior officer has to refer the case to the public prosecutor.16 17. If the preliminary investigations reveal an indication of guilt, they can result in the committal for trial. If the public prosecutor does not proceed with the investigation or if the criminal complaint is dismissed as unfounded, the involved party can appeal against the decision before the public prosecutor of the appeal court. The limitation period for criminal investigations in cases of torture is 15 years and 5 years in cases of other forms of illtreatment. 18. The Greek Ombudsman was established in 1998 as a constitutionally sanctioned independent authority.17 The Ombudsman investigates individual administrative acts, omissions or material actions undertaken by the public sector, local and regional authorities and other public bodies interfering with the legal interests of persons or legal entities.18 The Greek Ombudsman is mandated to initiate investigations either following a signed complaint made by any directly involved person or union of persons as well as legal entities or ex officio in cases of particular public interest.19 19. According to Law No. 3811/2009, the Greek Ombudsman and the competent Parliament’s inter-party committee have been given the right to visit detention facilities, supported by the Body of Inspection and Control of the Detention facilities.20 However, it lacks the competence to conduct an independent investigation and its powers are restricted to asking the police to investigate. 3. Death penalty 20. The Greek Parliament ratified Protocol 13 to the European Convention on Human Rights in November 2004, thereby abolishing death penalty for all crimes.21 4. Juvenile justice 21. In 2003, the Reform of Penal Legislation for Juveniles and Other Regulations22 was adopted to harmonize the existing criminal law provisions with the Convention on the Rights of the Child. The Greek Penal Code establishes in its Eighth Chapter on juvenile justice the criminal responsibility at the age of 1323 and divides the legal consequences for minor offenders into reformatory measures,24 therapeutic measures25 – which can also be imposed on minor offenders between 8 and 13 even though they are not criminally 16 17 18 19 20 21 22 23 24 25 Arts, 37(2) and (3), Code of Criminal Procedure. Arts. 101A and 103, Constitution of Greece; Law No. 3094/2003. Art. 3 Law No. 3094/2003. Art.e 4 Law No. 3094/2003. Law No. 3090/2002. Additionally, the country is also a State Party to the second Optional Protocol to the ICCPR and to Protocol 6 to the ECHR. Law No. 3189/2003. Art. 126(2), Penal Code, as amended. Art. 122(1), Penal Code, as amended. Art. 123, Penal Code, as amended: Therapeutic measures should be imposed on minors requiring special treatment (i.e. if he/she is an alcohol or drug addict or faces psychological problems). 7