In a state governed by the rule of law, the police authorities must be governed by certain principles, including the principle of legality, the principle of proportionality, the prohibition of the abuse of police power and the respect for and protection of human rights.
The powers of the police authorities and the conduct they must demonstrate in the exercise of their duties are regulated, inter alia, by p.d. 141/1991 and p.d. 254/2004.
It is also noted that during police custody, individuals must enjoy respect for their personality and that inhuman or degrading treatment is expressly prohibited.
Although the police may use force to enforce the law, this does not mean that all use of preventive or repressive force by the police is lawful. On the contrary, the arbitrary use of the power to use force and police action in excess of legal limits is a dangerous phenomenon for a democracy.
The conduct of the police forces described in this complaint (in particular the alleged beating in the toilets of the Omonia police station while the victim was handcuffed) does not appear to be in accordance with the above requirements of the rule of law.
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