torture was one of the crimes committe~ abroad which were punishable under
article 8 of the Greek Penal Code, whether international and internal
provisions relevant to extradition could conflict and whether, for the purpose
of a decision or extradition, the requirement of a prison sentence of over
two years was in any way subdivided.
139. Turning to articles 10 and 11 of the Convention, members of the Committee
wished to know whether there were any educational programmes and instructions
to prevent and eradicate torture for the police, the armed forces, medical
personnel and prison officers. They also requested detailed information about
the treatment of persons in detention and about any allegations and inquiries
concerning torture or ill-treatment in the prison system.
140. More generally, and in connection with articles 12 and 13 of the
Convention, members of the Committee wished to know how many complaints of
torture or ill-treatment had been received by Greek judicial authorities, how
those complaints had been investigated, and how many persons had been
convicted in such cases. They also wished to know at what stages of the
proceed1ngs an accused person's lawyer was or was not permitted to be present,
why in one of the cases described in the report the Public Prosecutor had not
instituted crilninal proceedings until the facts had been brought to the
attention of the international community, and whether, apart from filing
complaints with the Public Prosecutor or another official responsible for
investigation proceedings, there were any channels for seeking redress or
compensation, such as an independent human rights commission or an ombudsman's
office.
141. With reference to article 14 of the Convention, more detailed information
was requested in respect of redress and rehabilitation for victims of
torture. It was asked, in particular, what the amounts and sources of
financial compensation paid to victims were, whether the procedure to seek
redress took place automatically or had to be instituted by the victim,
whether the right to redress was covered by the Greek Civil Code in addition
to the Penal Code, whether the State assumed responsibility for Government
officials if the latter were found guilty of acts of torture, and whether any
other administrative process existed in Greece to provide compensation to
victims of torture.
142. Referring to article 15 of the Convention, members of the Committee
wished to know what was the legal basis for guaranteeing that evi~ence
obtained under torture would not be taken into consideration by the courts.
143. In his reply, the representative of Greece stated that the implementation
of the Convention in his country had not given rise to any difficulties. The
Convention had not been expressly invoked before the Greek courts and the
courts had not handed down any decisions based on it since that instrument had
only recently been ratified by Greece. The right to individual petition
before the European Commission on Human Rights had been recognized on the
basis of a declaration of the Minister for Foreign Affails. The
representative further provided a detailed desrription of the functions of the
public prosecutor in accordance with the Greek Code of Penal Procedure and
provided information on the procedure applied in case the prosecutor failed to
institute proceedings. In the event of a disagreement during an investigation
between the examining magistrate and the public prosecutor, the decision was
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