E/CN.4/1993/26
page 49
221. The Government reported that on 11 April 1991 Vasilios Makripoulias and
Argyrios Kavatas appeared spontaneously at the police station in Thebes and
testified under oath that they wished to withdraw the charges they had filed
against two police officers and that they did not wish them to be prosecuted,
adding that on 7 April 1991 (the date on which they had filed the complaint)
they had acted under the influence of alcohol. Nevertheless, the Ministry of
Public Order ordered an administrative investigation on 9 April 1991, which
was completed on 25 April 1991. The results showed that the acts of the
police officers during the arrest and detention of the complainants had been
correct and, as a consequence, no disciplinary measures were taken against
them.
222. Artan Malaj, a 17-year-old Albanian, was arrested by the police
on 3 May 1991 and taken to the General Security in Alexandras Avenue, Athens.
While in custody he was beaten in the head and stomach.
223. The Government reported that, according to the preliminary investigation
ordered by the Public Prosecutor of the Magistrate's Court in Athens,
Mr. Malaj's injuries were caused by his fall from the stolen motorbike he was
driving. On this basis, the Public Prosecutor dismissed the complaint as
unfounded. The results of the administrative investigation, based on
Artan Malaj's depositions, as well as on those of the involved citizens and
police officers, on the medical examination report and on the file of
proceedings of the case showed, inter alia, that Mr. Malaj's allegations were
unreliable and that he had filed a complaint to the Public Prosecutor only
after an unsuccessful attempt to escape, obviously for reasons of revenge.
224. Mehmet Hayrettin Arat, a Kurd and a Turkish citizen, was arrested
on 25 June 1991 on drug-related charges. While in custody he was punched in
the face, threatened with a revolver and had a plastic bag put over his head
so he could not breathe. He was also subjected to falanga (beating on the
soles of the feet), after which he was forced to run on his swollen feet.
225. The Government replied that no complaints for ill-treatment had been
lodged with any judicial or administrative authorities during the course of
the legal case against Mr. Mehmet Hayrettin Arat. His co-defendants, one of
whom was his compatriot, made no mention of ill-treatment.
226. Dimitris Papatheodoros, a businessman, was arrested on 4 July 1991 in
Athens by the police who took him to the 4th Police Station. While in custody
he was slapped, kicked and hit, made to strip naked and subjected to a body
search.
227. The Government reported that the 13th (police) Magistrate of Athens is
carrying out the preliminary investigation. The Ministry of Public Order has
not taken a definite decision about any disciplinary responsibility of the
policemen involved in this case, pending a decision by the judicial
authorities.
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