CAT/C/GRC/CO/7
explanations provided by the State party’s delegation regarding the requirement that the
infliction of severe pain would have to be “planned”, as mentioned in article 137A of the
Code, the Committee considers that the definition in the Code is significantly narrower than
the one contained in the Convention, and establishes a higher threshold for the crime of
torture by adding elements beyond those mentioned in article 1 of the Convention. The
Committee observes with concern that the maximum penalty for the basic offence of torture
– without aggravating circumstances – has been reduced from 20 years to 10 years of
imprisonment (arts. 1 and 4).
11.
The State party should bring the contents of article 137A of the Penal Code into
line with article 1 of the Convention by: identifying discrimination of any kind among
the purposes for inflicting torture; ensuring that the infliction of torture by or at the
instigation of or with the consent or acquiescence of a public official or any other
person acting in an official capacity is included in the definition; and eliminating all
superfluous elements, such as the requirement that the infliction of severe pain has to
be “planned” in advance. In this regard, the Committee draws the State party’s
attention to its general comment No. 2 (2007) on the implementation of article 2, in
which it is stated that serious discrepancies between the Convention’s definition and
that incorporated into domestic law create actual or potential loopholes for impunity
(para. 9).
Statute of limitations
12.
The Committee regrets that the State party’s criminal legislation still includes a
statute of limitations for the offence of torture.
13.
The State party should ensure that the offence of torture is not subject to any
statute of limitations, in order to preclude any risk of impunity in relation to the
investigation of acts of torture and the prosecution and punishment of perpetrators.
Fundamental legal safeguards
14.
While taking note of the procedural safeguards to prevent torture and ill-treatment
that are enshrined in Greek law, the Committee regrets that only scant information has been
provided by the State party on the measures and procedures in place to ensure their
practical application. In this respect, it has been reported that detainees have often had
difficulty gaining access to counsel, a doctor, an interpreter or family members, and that
police detention registers are not properly maintained. The Committee is concerned by
reports that police officers continue to be present during medical examinations and that they
have access to detainees’ medical records (art. 2).
15.
The State party should ensure that all persons who are arrested or detained are
afforded in practice all fundamental legal safeguards against torture from the very
outset of their deprivation of liberty, including the rights to be assisted by a lawyer
without delay, particularly during the investigation and interrogation stages, to be
informed of their rights, the reason for their arrest and the charges against them in a
language that they understand, to be registered at the place of detention, to have the
assistance of an interpreter, if necessary, to promptly inform a close relative or a third
party about their arrest, to be brought before a judge without delay and to request
and receive an independent medical examination. Police officers should not be present
during medical examinations of detained persons, save at the request of the medical
doctor.
Non-refoulement
16.
The Committee is seriously concerned at consistent reports that the State party may
have acted in breach of the principle of non-refoulement during the period under review. In
particular, the reports refer to repeated allegations of summary forced returns of asylum
seekers and migrants, including Turkish nationals, intercepted at sea and at the land border
with Turkey in the north-east of the Evros region, with no prior risk assessment of their
personal circumstances. According to the information before the Committee, Greek law
enforcement officers and other unidentified forces involved in pushback operations have
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