DAY 4 - ZOI ANNA KASAPI Zoi Anna Kasapi* “Tainted evidence seeping through the cracks” *Zoi Anna Kasapi (LL.M.), Greek lawyer and scientific officer at the Centre for European Constitutional Law Introduction This blog attempts to analyse the legislative, practical, and policy factors linked to the observed culture of impunity within the Greek criminal justice and law enforcement system in cases involving alleged torture and ill-treatment perpetrated by police officers. By doing so, it will illuminate a potential path for tainted evidence to find their way into the criminal proceedings. The legislative framework The Greek legislative framework contains a number of provisions prohibiting torture and ill-treatment. As an European Union (EU) and Council of Europe Member State, Greece is subject to the relevant provisions of the EU Treaties, the Charter of Fundamental Rights, the relevant secondary EU law, as well as to the European Convention on Human Rights (ECHR) and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. Greece has also ratified the UN Convention Against Torture and its Optional Protocol, which establishes a system of regular visits to places of detention by independent observers. In addition to the safeguards established in international and regional instruments, domestic laws prohibit torture and mandate the punishment of its perpetrators, starting with article 7 of the Constitution. The Criminal Code and the Code of Criminal Procedure contain specific provisions proscribing the use of torture, bodily harm, and intimidation by officers of the law conducting investigations (whether civilian or military), as well as the use of evidence obtained in such manner in criminal proceedings. Despite the existence of the above safeguards, the Greek legislative framework has been criticised by both the Council of Europe Committee for the Prevention of Torture (CPT) and the UN Committee Against Torture (CAT) for failing to comply with international standards on the definition and punishment of torture. Although certain amendments to the framework were made in 2019, following CAT and CPT recommendations (e.g., the inclusion of a provision on the punishment of torture performed with a discriminatory motive), a number of concerns in relation to the effective and appropriate prosecution and punishment of torture were left unaddressed. First, the newly amended Criminal Code introduces an arbitrary distinction between different types of torture, and reduces the maximum sentence allowed under the previous framework. Under the new 34