A/HRC/16/52/Add.4 deprived of their political rights and dismissed from their work,8 and leading to a conviction of 10 years’ and life imprisonment.9 According to articles 83 and 84 of the Penal Code, courts may impose a lower sentence under mitigating circumstances. The victims of the offences defined in articles 137A and 137B can claim compensation, “including pecuniary satisfaction for psychological and moral damage”.10 12. There are several procedural safeguards provided in the Constitution, including the protection from arrest or imprisonment “without a reasoned judicial warrant”;11 the right to be brought before an “examining magistrate within twenty-four hours of his arrest at the latest”;12 and the protection from detention pending trials longer than “one year in the case of felonies or six months in the case of misdemeanours”.13 The suspension of these safeguards is only permitted in public emergencies prescribed in article 48 of the Constitution in which case extraordinary courts are established. 13. Further, fundamental safeguards can be found in articles 2 to 4 of the Code of Ethics for Police Officers, including the right to be informed of the reasons for arrest, and in a language the detainee can understand; the right to contact a third party; the right to consult a lawyer; the right to contact his/her family; and the right to access to a doctor of his/her choice. The Code of Ethics for Police Officers provides guarantees of detention conditions, such as safety, health, protection and separation of detainees. 2. Complaints and investigations of acts of torture and ill-treatment 14. Greek legislation provides for two investigation procedures regarding the excessive use of force and torture or ill-treatment by law enforcement officials or military personnel: administrative investigations and criminal investigations. 15. The aim of internal administrative procedures is to investigate the disciplinary responsibility of the respective law enforcement official and impose a disciplinary sanction if a disciplinary offence was found. These investigations are initiated ex officio when indications of ill-treatment arise or when complaints were lodged by a person or a legal entity.14 In cases of more serious forms of disciplinary offences, including the excessive use of force and torture or ill-treatment, which can be punished by dismissal from service, Sworn Administrative Inquiries are launched. The European Committee for the Prevention of Torture (CPT) has criticized that to date no independent complaints mechanism was introduced.15 Sworn Administrative Inquiries are primarily meant to protect the rights of the officer under investigation. 8 9 10 11 12 13 14 15 6 Art. 9(1c) of Presidential Decree 22/1996 punishes torture and ill-treatment by the removal from service. Art. 137C, Penal Code. Art. 137D(4), Penal Code. Arts. 5(2) and 6(1) ,Constitution of Greece. Art. 6(2), Constitution of Greece: “should the arrest be made outside the seat of the examining magistrate, within the shortest time required to transfer him thereto. The examining magistrate must, within three days from the day the person was brought before him, either release the detainee or issue a warrant of imprisonment. Upon application of the person brought before him or in case of force majeure confirmed by decision of the competent judicial council, this time-limit shall be extended by two days”. Art. 6(4), Constitution of Greece; “In entirely exceptional cases, the maximum durations may be extended by six or three months respectively, by decision of the competent judicial council”. Art. 21(1), Disciplinary Code 2008. CPT/Inf (2009) 20, “Report to the Government of Greece on the visit to Greece carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)”, p. 14.

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