NATIONAL PREVENTIVE MECHANISM AGAINST TORTURE AND ILL-TREATMENT 2019 without preparation does not fall under the notion of torture; this is also the position of the European Court of Human Rights." Kos detention facility - inspection 10/9/19 . The following remarks are however necessary: 11 11 κ It would be perhaps better to use the term "από πρόθεση" which is more accurate and established in Greek penal law legislation than the term "εσκεμμένος" which may cause interpretive issues. κ There are issues with the explicit prohibition to apply article 82A of the penal code when article 137A§2.2 is applied. The latter classifies torture as a felony punishable by deprivation of liberty for a period of up to ten years and by the additional penalty ( § 7) of "ban from holding certain official positions and posts" when a decision becomes irrevocable. This means that article 12 82A PC does not apply in the case of civil servants and military personnel (paragraph 1, article 137A), and the act is only punishable with the maximum penalty of para.1 of article 137A. The word (pronounced "apo prothessi") means "with intention" and is most commonly used in greek penal legislation. 12 This article increases the minimum of the imposed penalty in case of a hate crime. 22