REPORTS
Lawyer complains of excessive police violence and arbitrariness – The case of Mr. Kotselopoulos
Following a police operation on 22 November 2022 there were complaints of excessive and unjustified violence on the part of the police, as well as of unjustified arrests (see more here).
A number of complaints and reports 1, 2, 3, 4 describe the arrest of lawyer Mr Kotselopoulos during a police operation. Despite the fact that he had made his professional status known, as a result of which he should not have been detained but brought immediately before the competent public prosecutor, (as laid out in Circular 2/2021) he was held overnight to be brought the next day before the Public Prosecutor. The following day he was released by order of the Public Prosecutor. Subsequently, during an ‘attack’ by the police on people demonstrating in solidarity with those arrested the previous day, he was beaten by riot police on the head, ribs and other places.
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 to be displayed by them in the performance of their duties are regulated, inter alia, by Decree 141/1991 and Decree 254/2004.
In a state governed by the rule of law, lawyers are entitled to the respect and honor due to their function from any persons acting within the framework of the Public Administration.
In the event that a lawyer is spontaneously arrested, they are not to be detained, but should be brought straight to the relevant public prosecutor, as is also expressly provided for in Circular No 2/2021 of the Prosecutor of the Supreme Court.
However, according to complaints, a lawyer was arrested and, despite the fact that he had made his identity known, he was (illegally) detained overnight in order to be brought to the Prosecutor the next day. Following his release he was hit in the head by riot police during an alleged ‘attack’ on solidarity activists.
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