The prisoner describes being violently thrown into a police car to be transferred from Thessaloniki to Athens in handcuffs and with a motorcycle helmet on his head and being beaten repeatedly upon arrival in Korydallos. A prison officer who attempted to intervene was allegedly beaten too.
According to the 12-3-2023 press release from the Ministry of Citizen Protection, four police officers were arrested by the Internal Affairs Service on Saturday, March 11, 2023 in connection with the incident, accused of torture and other offences against human dignity.
It emerged from the investigation that the policemen, having the responsibility of guarding and transferring prisoners to a penitentiary, committed acts of beating and torture.
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.
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.
Finally, it should be noted that during their detention, individuals must enjoy respect for their personal dignity and inhuman or degrading treatment is expressly prohibited. According to the case law of the ECtHR, any injury or physical harm to a person under the ward of the State constitutes a strong presumption of ill-treatment, which may lead to a conviction for a violation of Article 3 of the ECHR.
The reported incident of beating and torture of a prisoner by police officers seems to be inconsistent with the requirements of the rule of law.
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