CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER
ARTICLE 19 OF THE CONVENTION
Second periodic reports of States parties due in 1993
* The initial report submitted by the Government of Greece
is contained in document CAT/C/7/Add.8; for its consideration
by the Committee, see documents CAT/C/SR.63 and 64 and Official
Records of the General Assembly, Forty-sixth session, Supplement
No. 46 (A/46/46, paras. 129-153).
The detailed initial report submitted by Greece in August
1990 included legislative measures taken for the suppression
of actions of torture and the severe punishment of persons
guilty of these actions.
It also referred to provisions of Greek law fully securing
individual liberties and human rights, as they are defined
in and protected by the Constitution and the international
conventions and declarations, which Greece has incorporated
into its domestic law.
The Greek legislation on torture was also extensively analysed
by the Greek delegation when presenting the Greek report before
the Committee against Torture (Geneva, 15 November 1990).
It should also be noted that not only had the Committee considered
it satisfactory, but some of its members also considered it
to be one of the most advanced legislations in Europe.
However, this fact has not prevented at times accusations
of physical injuries, ill-treatment and other actions constituting
offences against human dignity, allegedly committed against
citizens during their arrest, interrogation or detention.
These accusations, mostly against police officers and to a
lesser degree against prison personnel, initiated the adoption
of additional measures aiming: (a) at preventing these actions
by reinforcing the training of police officers as to the absolute
prohibition and condemnation of these acts and (b) at investigating,
immediately and in depth, cases reported with a view to punishing
I.INFORMATION RELATED TO NEW MEASURES AND DEVELOPMENTS CONCERNING
THE APPLICATION OF THE CONVENTION
Measures taken in accordance with the provisions of articles
2.1, 10 and 11 of the Convention
In accordance with paragraph 5a, new measures were taken between
1990-1993 for improving the training of as well as informing
However, it should be noted that similar measures had already
been taken since 1986, which were inadvertently not mentioned
in the initial report of Greece of August 1990. The most important
of those are:
(a) The introduction of a Code of Conduct for Police Officers
in accordance with United Nations General Assembly resolution
34/169. This Code was forwarded to all police departments
and police stations of the country;
(b) Presidential Decree No. 96/86 enacted the Disciplinary
Law concerning police officers, aiming specifically at bringing
remedy to their possible improper actions or behaviour towards
citizens (art. 3, paras. 3, 21, 30, 32 and 37; art. 4, paras.
1, 10 and 16);
(c) The provisions related to detention, interrogation and
treatment of persons under arrest were included in all training
programmes of the police academies;
(d) Regular educational seminars organized in police departments
focused on provisions concerning human rights.
These measures were supplemented in 1990-1993 with the following
(a) Presidential Decree No. 141/91 defined in detail and with
precision the organization and operation of prisons, the duties
of police officers and the proper behaviour towards prisoners.
It also defined the individual equipment of the guards, while
a special regulatory provision defined in detail the way and
procedure of transfer of prisoners (art. 60, para. 2, para.
3, items d, h, k; art. 67, paras. 1, 4, items d, s and t);
(b) Circular 7011/10/27a/29.11.91 of the Ministry of Public
Order gave all police departments instructions and clarifications
concerning proper behaviour towards citizens and, in particular,
their way of proceeding when taking measures binding or restricting
Measures taken in accordance with article 12 of the Convention
All accusations made against police officers or prison personnel
for actions of torture, ill-treatment or abuse of power have
been examined in depth by the competent judicial authorities
in accordance with article 12 of the Convention. In parallel
and regardless of the penal procedure, disciplinary action
has been initiated against perpetrators.
The Ministries of Justice and of Public Order have investigated
accusations concerning torture, ill-treatment, etc. as reported
by Amnesty International.
As far as the Ministry of Justice is concerned, the accusations
included in the report of Amnesty International dated June
1992 were judicially investigated and found inaccurate, as
shown in documents EP 586/24.6.92, EP 589/26.2.92 and 13817/29.4.93
of the Ministry of Justice to the Ministry of Foreign Affairs,
as well as the documents of the Offices of the Public Prosecutor
of: the Supreme Court No. 468/31.3.93, the Court of Appeals
of Patras No. 870/1.2.93, the First Instance Court of Patras
No. 3671/6.7.92, the Court of Appeals of Larissa No. 372/1.2.93,
the First Instance Court of Larissa No. 925/3.7.92 and the
First Instance Court of Pireaus No. 1498/1.2.93.
The Public Prosecutor of the Supreme Court ordered that all
the cases included in the document of Amnesty International
No. T.G.FUR 25/92/32/16.12.93 for which no special investigation
had been carried out should be investigated.
The competent judicial authorities also investigated all accusations
against police officers for actions of torture, ill-treatment,
abuse of power, etc. In addition, a relevant administrative
investigation was ordered by the Ministry of Public Order.
A relevant file of cases with which the police dealt, classified
by category (i.e. closed or pending) has been forwarded with
the present document.
At the same time the Ministry of Justice, by document forwarded
to the Public Prosecutors Office for initiating criminal pursuits,
requested to be informed on the number of criminal actions
filed from 30 September 1990 to 30 September 1993 concerning
actions constituting torture in the sense of paragraph 1 of
the Convention and articles 137 A, 137 B, 137 C and 137 D
of the Criminal Code, i.e. torture and other offences against
human dignity. The investigation proved that during this period
the following criminal actions were filed:
(a) By the Public Prosecutor of the Misdemeanours Court of
Kilkis, Aegion, Ilia, Volos and Alexandroupolis, which are
now at the phase of interrogation;
(b) By the Public Prosecutor of the Misdemeanours Court of
Pireaus which on 6 September 1993 was filed under "unknown
(c) By the Public Prosecutor of the Misdemeanours Court of
Thiva, for which the dismissing order No. 23/1992 was issued;
(d) The Public Prosecutor of the Misdemeanours Court of Athens
filed nine criminal actions, two of which are still pending
at the office of the Misdemeanours Court of Athens for study,
two of which were dismissed, while the remaining five are
set for hearing at various future dates.
Similar investigations were also carried out by the Ministry
of National Defence which proved that no case of torture,
inhuman or degrading treatment, etc. was reported in military
prisons from 9 September 1990 to 30 September 1993.
II. ADDITIONAL INFORMATION REQUESTED BY THE COMMITTEE
During the examination of the previous report of Greece in
Geneva (15 November 1990), the Greek delegation was asked
to provide additional information concerning conditions prevailing
in prisons, the legal status of the detainees and statistical
data concerning alleged cases of torture being investigated
by the judicial authorities.
These additional data are included in the file, forwarded
with the present document and include:
(a) Law 1851/1989 "Code of basic rules for the treatment
of prisoners", as amended;
(b) Articles 53-69 of Law 125/1967;
(c) Document dated 10 March 1993 of the General Directorate
of Penitentiary Policy of the Ministry of Justice concerning:
(i) The present state of prisons in Greece;
(ii) The work of prisoners;
(iii) Penitentiary personnel; and
(iv) The penitentiary system.
List of Annexes*
Code of Conduct of Police Officers (arts. 2, 3, 5, 6 and 8).
Presidential Decree No. 96/86 (art. 3, paras. 3, 21, 30, 32
and 37 and art. 4, paras. 1, 10 and 16).
Presidential Decree No. 141/91 (art. 60, paras. 2, 3, case
d, h and k and arts. 67, paras. 1, 4 case d, s and t).
Circular No. 7011/10/27a/29.11.91 of the Ministry of Public
Order (arts. 13 and 14).
File of the Ministry of Justice concerning accusations by
Amnesty International of violations of human rights allegedly
committed against prisoners.
File of the Ministry of Public Order concerning the cases
of torture, ill-treatment etc. allegedly committed by police
Document No. 900/167134/17.9.93 of the Ministry of National
Additional information requested by the Committee.
* These documents, as received in English from the Government
of Greece, are available for consultation in the files of
the United Nations Centre for Human Rights.