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