their role in preventing and punishing torture, on specific examples of
criminal cases in which reference had been made to the European Convention on
Human Rights, and on legal provisions establishing the right to individual
petition under article 25 of that Convention. It was also asked whether there
was any procedure that could lead to the dismissal of prosecutors and judges
and how conflicts of opinion, if any, between authorities that could order the
institution of criminal proceedings were resolved.
133. With reference to the information provided in the report on the period of
the colonels' dictatorship in Greece, it was asked what measures had been
taken to prosecute those responsible for torture or ill-treatment during that
period, whether tha victims had received any form of compensation and whether
it was still possible to prosecute persons for acts committed during the
colonels' regime.
134. Referring to article 1 of the Convention, members of the Committee
wondered whether the prohibition and elimination of torture as defined in the
Convention were fully provided for by Greek law. In that connection, they
expressed the wish to receive the full text of article 137 of the Greek
Pen~l Code in order to clarify that point.
135. In connection with article 2 of the Convention, more information was
requested on the duration and conditions of pre-trial detention. It was
asted, in particular, which officials had the right to arrest and what
~~arantees the person arrested had during the period of custody, whether those
responsible for breaches of the provisions governing pre-trial detention were
criminally responsible, whether anyone had been prosecuted for such offences,
what external or internal supervision was exercised over the actions of the
police forces. how conditions of detention were monitored, what was meant by
the terms "indictment division" and "correctional division", referred to in
the report, and what legal measures had been taken to implement paragraph 3 of
article 2 of the Convention.
136. With reference to article 3 of the Convention, members of the Committee
sought clarification of the reasons for the broad interpretation given by
Greet authorities to article 33 of the Convention relating to the Status of
Refugees, of administrative practices in that regard, and the number of
foreigners who had been extradited in the past five years. They also asked
how long an asylum-seeker was required to wait for a decision on his or her
case and what living conditions were like during that time.
137. With regard to article 4 of the Convention, it was asked what the
difference was, under article 6 of the Greek Constitution, between an offence
and a crime and which legislative acts contained relevant lists or
definitions; whether any persons guilty of torture had been prosecuted,
convicted and punished; what were the contents of Act No. 1500/84 relating to
the criminal punishment of persons guilty of torture; and why the penalties
applicable to acts of torture ranged from five years' to life imprisonment.
138. On the subject of universal jurisdiction, members of the Committee
wondered whether the implementation of articles 5 to 8 of the Convention was
actually guaranteed under Greek law. They asked, in particular, whether a
foreigner accused of having practised ill-treatment or tortute upon another
foreigner in a foreign country could be prosecuted in Greek courts, whether
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