[ALBSA-Info] Amnesty International on Refat Tafili

[Agron Alibali]

AI: Greece: Sweep Operation: the alleged ill-treatment and torture of 16-year-old Refat Tafili, an Albanian citizen



http://web.amnesty.org/ai.nsf/Index/EUR250102001?OpenDocument&of=COUNTRIES\G
REECE


Public

amnesty international



GREECE

Sweep Operation: 
the alleged ill-treatment and torture of 16-year-old Refat Tafili, an
Albanian citizen


GREECE

Sweep Operation: 

the alleged ill-treatment and torture
of 16-year-old Refat Tafili, an Albanian citizen 


Amnesty International continues to receive complaints that Greek police
officers have beaten and otherwise ill-treated Albanian unauthorized
migrant workers while arresting and/or forcibly returning them to Albania
in periodic round-ups often referred to as "sweep operations". One such
case is that of 16-year-old Refat Tafili. Amnesty International is
concerned that investigations into his allegations of ill-treatment have
been neither prompt nor thorough. The organization calls for any police
officers identified as responsible for his ill-treatment and injuries to be
brought to justice and for Refat Tafili to be granted compensation. 

Refat Tafili, aged 16, an unauthorized migrant from Gegë village, Kuçova
district, Albania, came to Greece in December 2000. With the help of a
relative, who had been legally working in Greece since 1997, he found work
at a printworks in the town of Krioneri in Attica. According to his
account, at 9.30pm on the evening of 8 February 2001 three plainclothes
police officers carried out a raid at a house in the Aghios Stephanos
quarter of Athens where he and some other Albanians were staying. He
describes his experiences as follows: 


"[w]hen I came back from work, I ate and was preparing to go to sleep, when
the police came. They opened the door and came in. They caught hold of me
and took me outside. They pushed me to the ground and began to kick my
stomach and legs. They dazzled my eyes with an electric torch and spoke to
me in Greek, but I didn't understand. [Then][t]hey brought me back inside
and began to search all the belongings that were there. After that they
took me away in a jeep. They drove off, and some 100 metres on, two other
Albanians were walking by, one of them was A. and the other B . The police
stopped them and checked their documents; they let A. go, but they put B.
[whose documents were reportedly in order] in the jeep. They took us to the
police station at Aghios Stephanos. There they took us out of the jeep and
put us in a cell. In the cell I felt faint and lost consciousness. B.
called the police and told them I was ill.

They told B. to take me to the bathroom and to throw water on my face.
While B. was taking me to the bathroom I began to feel nauseous. One of the
police officers took me and put me out of the police station; as I came out
I vomited. Then they released me and said something to me in Greek, but I
didn't understand. I had walked about 100 metres when B. caught up with me
and took me by the arm. I told him to take me to the hotel where my cousin
worked..." The police reportedly failed to record the detention and release
of the two me, and the names of the police officers concerned.

Early the next morning his relatives took Refat Tafili to the "G.
Gennimatas" General State Hospital of Athens, where he was admitted to the
intensive care unit. He was found to have suffered a double rupture of the
spleen, and underwent an emergency operation for the removal of his spleen.
The surgeon who carried out the operation was reportedly told by a relative
that Refat Tafili had been beaten by police. He remained in hospital for
just over a week and his relatives were informed that he would be
discharged on 17 February. However, regulations were then in force which
required hospitals to report and hand over unauthorized migrants to the
police for expulsion .

Accordingly, at 8.30 am on 17 February, while his relatives were waiting
to collect him, seven armed police officers arrested Refat Tafili at the
hospital and took him to Papagos police station, Athens. A relative who
protested was also taken by the police to Papagos police station where he
related the ill-treatment which Refat Tafili had suffered on 8 February.
Throughout his description he was reportedly frequently interrupted by
police who threatened to arrest him if he did not tell the truth. He and
Refat Tafili were then sent to police headquarters in Athens, where they
filed a complaint against the officers who had beaten Refat. The relative
was then released and Refat Tafili was transferred to Aghia Paraskevi
police station, where he identified one of the three officers who had
beaten him on the night of 8 February 2001. Criminal proceedings were
initiated ex officio by the police department against the officer and
other unknown police officers. An internal administrative investigation
(Enorki Diikitiki Exetasi or Sworn Admnistrative Investigation) was also
opened. 

Refat Tafili was still weak and in pain; his hospital medical notes had
recommended that following his operation particular care be taken to
prevent "infections since without the spleen the body's defences against
certain germs are weakened". In this weakened state he was nonetheless held
in a cell, in what are reported to have been extremely cramped and
unhygienic conditions, together with five adult foreign nationals. It is
alleged that for two days he was denied food, was not permitted visits from
a relative, and was allowed to leave the cell to go to the toilet only
twice a day, in the morning and evening. It was only on the insistence of a
relative that after two days he was given the medication he had been
prescribed, though not at the prescribed hour.


On 22 February 2001, and while still detained, Refat Tafili was ordered by
the Ministry of Public Order to leave the country within 15 days, although
his medical notes recommended that he remain under the medical supervision
for at least two months . However, shortly before his release that day his
health seriously deteriorated; he was taken, in handcuffs, from the police
station to the Sismanoglio hospital (where he remained until 5 March 2001)
with a high fever and internal bleeding. It was during his stay in this
hospital that his case came to the notice of the press and was publicized. 

On 26 February 2001 Refat Tafili's lawyer filed an appeal against his
expulsion; on 8 March the Greek Ombudsperson recommended he be granted
leave to stay in Greece (in the public interest and on humanitarian
grounds) and he was subsequently granted leave, on exceptional grounds, to
remain in the country for a further six months (until 8 September 2001).
This leave has since been extended to 8 March 2002.

According to Refat Tafili's lawyer, attempts to identify the other police
officers who allegedly ill-treated him have been hindered because the
police officer in charge of the investigation refused to allow Refat
Tafili to be accompanied by his lawyer and an interpreter at an identity
parade at Aghios Stephanos Police Station. This was despite the fact that,
as his lawyer pointed out, he was under age, had no parents in Greece, did
not speak Greek and was traumatized. Refat Tafili was frightened to attend
the identity parade alone, and so it did not take place. 

The outcome of the administrative investigation, which ended in September
2001, was that the only police officer identified as having ill-treated
Refat Tafili was the officer Refat Tafili had himself originally identified
. Refat Tafili's lawyer has observed that the Aghios Stephanos Police
Station has a small staff of only a few police officers, and that it should
not be difficult to identify who was on duty on the day in question, and
which officers accompanied the officer identified by Refat Tafili. 

Refat Tafili's complaint is also under judicial investigation by the Public
Prosecutor's Office of Athens (Case file: B 2001/631), and criminal
proceedings have been started against the officer identified by Refat
Tafili. On 27 July the public prosecutor in charge of the case ordered a
supplementary investigation, which ended on 7 September. This investigation
also failed to identify the two other police officers alleged to be
involved in the ill-treatment of Refat Tafili. The case has been returned
to the public prosecutor.

Amnesty International is concerned that the investigation of Refat Tafili's
complaint appears to have been neither prompt nor thorough. Each of the
following rights recognized under national and international law and
standards were violated in this case:







The Greek Constitution and national law

A) Both specifically prohibit the use of ill-treatment or torture.

Article 7, paragraph 2, of the Greek Constitution states that: "[T]orture,
any bodily maltreatment, impairment of health or the use of psychological
violence, as well as any other offence against human dignity, are
prohibited and punished as provided by law".

Under national legislation, Article 137A-D of the Penal Code, dealing with
"Torture and other attacks on human dignity" defines torture as:

"... any systematic infliction of acute physical pain, or of physical
exhaustion endangering the health of a person, or of mental suffering
capable of leading to severe psychological damage, as well as any illegal
use of chemicals, drugs or other natural or artificial means with the aim
of bending the victim's will" (Art. 137A paragraph 2) - when perpetrated by
a "an official or military whose duties include the prosecution,
interrogation or investigation of criminal offences or breaches of
discipline or the execution of punishments or the guarding or the custody
of detainees...[on] a person who is in his power with the aim of a)
extorting from this person or a third person a confession, testimony,
information or statement, repudiation or acceptance of a political or other
ideology; b) punishing c) intimidating the person or a third person"
(Art.137A paragraph 1). 

The prescribed penalty, in principle, for someone found guilty of torture
is from three years' to life imprisonment. The penalty is of at least 10
years in the most serious cases (such as for example the use of the falanga
or electric-shock equipment - Art. 137B paragraph 1a), and is life
imprisonment if the victim dies (Art. 137B paragraph 3). 

Less serious cases involving "Physical injury, injury to the health, the
use of illegal physical or psychological force and any other serious attack
on human dignity, which is committed by persons under the conditions and
for the purposes defined in paragraph 1", are punished by three to five
years' imprisonment (Art.137A paragraph 3). Additionally, persons
convicted of torture are automatically deprived of their political rights
and dismissed from their jobs (Art. 137C). 

Under Article 137D paragraph 4 "the victim of the offences [defined] in
articles 137A and 137B has a right to demand from the individual and the
state which are entirely responsible compensation for damages done to
him/her and pecuniary satisfaction for psychological and moral damage".


B) The obligation to inform the detainee about his or her rights and
charges against him or her


The right of a person arrested or detained to be assisted by a lawyer, to
consult and communicate with him, is guaranteed under Articles 96 -108 of
the Code of Penal Procedure. Moreover, Article 44 (3) of Law 2910/2001
(adopted by the Greek Parliament on 2 May 2001) clearly states that a
foreigner should be informed about the reasons of his detention in a
language he or she understands. 

The right of access to a lawyer is safeguarded by Presidential Decree
141/1991 (Section 60, para xiii) and Order No 4803/22/14?a. According to
the Ministry of Public Order [in response to the European Committee for the
Prevention of Torture (CPT) President's letter of 14 May 1997], detainees'
communication with a lawyer of their choice:

"is exercised immediately after their being brought before the relevant
police authority. This means that as soon as the detainees or aliens
arrested with a view to expulsion are brought to the police station (i.e. a
few minutes after their arrest) they are given the opportunity to exercise
the right described above." 

In November 1995 the Ministry of Public Order issued a circular (Order
no.4803/22/14-a of 3 November 1995) providing for the publication of two
information sheets setting out the rights of detainees, and for the
translation of such material at present reportedly carried out into 13
foreign languages . The first information sheet deals with the rights of
all detainees; the second is designed for foreign nationals detained
pending deportation, and has been expanded to include an explanation of the
deportation procedure. Non-governmental organizations working with
foreigners detained pending deportation report that with very few
exceptions detainees are not given these information sheets, although these
are reportedly posted up in a few police stations or holding centres for
aliens, nor were the detainees informed orally of their rights . According
to information provided to the CPT by the Ministry of Public Order
(response of 18 October 1998), paragraph 12 of this Order states:

"all persons arrested by police should be given these information sheets
immediately after they are brought to a police station. Police are also
required to explain orally their rights to detainees and to draw up a
report recording that the information sheet and the oral explanation have
been duly provided. Where necessary, the services of an interpreter or
consular authority should be used to explain the detainee's rights to him
or her". 

The same circular explicitly mentions that: 

"[s]pecial sensitivity and care must be shown in case of the detention of
minors or persons with special needs under legal restriction or assistance.
In each case, the persons responsible for them or their relatives should be
informed".


Amnesty International is concerned that the police officers at Aghios
Stephanos Police Station denied Refat Tafili the assistance of a lawyer and
an interpreter despite the fact that he was under age and could not speak
Greek when he was requested to attend the identity parade at the police
station. The organization is also concerned that he was allegedly denied
visits from a relative for two days while in detention in Aghia Paraskevi
police station. 


C) Conditions of detention

Amnesty International is concerned that Refat Tafili, a minor, was kept in
detention with adult prisoners although according to Greece's Initial
Report to the United Nations Committee for the Rights of the Child
(CRC/C/28/Add.17, published on 25 June 2001), minor offenders are "detained
in a separate part of the police premises, and then, if detention on remand
is required, they are detained in Juvenile Institutions of Correction". 

Moreover, in its report , the CPT "feels compelled to point out that at the
police establishments visited, a large number of foreign nationals were
subjected for prolonged periods of time to a combination of negative
factors - overcrowding, appalling material conditions and levels of
hygiene, lack of outdoor exercise, absence of any activities - which could
easily be described as inhuman and degrading treatment". The circular Order
no. 4803/22/a referred to above from the Ministry of Public Order also
specifically requires the police to provide for a doctor if the detainee is
ill, and to transfer the detainee to hospital immediately if he or she
requires medical care of a kind which is not available at the police
station or place of detention.

Amnesty International is concerned about allegations that not only was
Refat Tafili put out onto the street without any assistance from the
authorities after he was taken ill at Aghios Stephanos police station, but
also that, when he was re-arrested at the hospital after his operation a
few days later, he was held in cramped and unsanitary conditions, with
restricted access to toilet facilities, and for two days allegedly denied
food and prescribed medication. 


International Standards

A) Prohibitions on torture and ill-treatment

Greece ratified the United Nations Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment in 1988. In doing so,
it expressly undertook to prevent torture taking place within its territory
by, among other things, undertaking to educate and train law enforcement
officers; to ensure that its competent authorities proceed to a prompt and
impartial investigation of complaints of torture and of cases where there
are reasonable grounds to believe that an act of torture has been committed
even if no complaint has been made; to ensure that victims of torture have
the right to compensation or, where a death had occurred as a result of an
act of torture, that the victim's dependants are entitled to compensation;
and that the penalties for those responsible for the torture are appropriate.


Article 2, Paragraph 1, of this Convention states that: " Each State Party
shall take effective legislative, administrative, judicial or other
measures to prevent acts of torture in any territory under its jurisdiction".

Article 37, Paragraph a, of the United Nations Convention of the Rights of
the Child (CRC), which Greece ratified in May 1993 and is therefore bound
to observe, states that: "[N]o child shall be subjected to torture or other
cruel, inhuman or degrading treatment or punishment (...)".

Greece also ratified the European Convention for the Protection of Human
Rights and Fundamental Freedoms (ECHR) in November 1974. Article 3 of this
Convention states that: "No one shall be subjected to torture or to inhuman
or degrading treatment or punishment". In 1991 Greece ratified the
European Convention for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment, which not only prohibits the practice of torture
and other cruel, inhuman or degrading treatment or punishment, but also
sets up a system of regular inspections of places of detention by the
European Committee for the Prevention of Torture. Greece is legally bound
to observe the provisions of this treaty. 


B) The right of access to a lawyer is recognized by international law and
standards and recommendations such as the United Nations Body of Principles
for the Protection of All Persons under Any Form of Detention or
Imprisonment (Body of Principles) and the United Nations Basic Principles
on the Role of Lawyers. In the case of minors, Article 37 (d) of the CRC
states that: 

"[E]very child deprived of his or her liberty shall have the right to
prompt access to legal and other appropriate assistance, as well as the
right to challenge the legality of the deprivation of his or liberty before
a court or other competent, independent and impartial authority, and to a
prompt decision on any such action". 
Internationally recognized standards also require that anyone who has been
arrested should be informed at the time of the arrest of the reasons for
his or her arrest and be promptly informed of any criminal charges against
him or her in a language he or she can understand.

According to Article 40 (2 b ii) of the CRC: 

"[E]very child alleged as or accused of having infringed the penal law has
at least the following guarantees (...): [t]o be informed promptly and
directly of the charges against him or her, and, if appropriate, through
his or her parents or legal guardians, and to have legal or other
appropriate assistance in the preparation and presentation of his or her
defence". 

Paragraph 2 (vi) of the same article recognizes the right for the child
"[t]o have free assistance of an interpreter if the child cannot understand
or speak the language used". 


C) Access to relatives 

International human rights standards require that immediate notice of
detention be given and that prompt access to the detainee be granted to
families of detainees. Rule 92 of the United Nations Standard Minimum Rules
for the Treatment of Prisoners (Standard Minimum Rules) states: 

"An untried prisoner shall be allowed to inform immediately his family of
his detention and shall be given all reasonable facilities for
communicating with his family and friends, and for receiving visits from
them, subject only to restrictions and supervision as are necessary in the
interests of the administration of justice and of the security and good
order of the institution". 

Similarly, Principle 16 (1) of the Body of Principles provides that
detainees are entitled to notify members of their families about their
detention promptly after they are placed in custody.


D) Treatment of prisoners and conditions of imprisonment

Article 37 (c), of the CRC provides that: 

"[e]very child deprived of liberty shall be treated with humanity and
respect for the inherent dignity of the human person, and in a manner which
takes into account the needs of persons of his or her age. In particular,
every child deprived of liberty shall be separated from adults unless it is
considered in the child's best interest not to do so and shall have the
right to maintain contact with his or her family through correspondence and
visits, save in exceptional circumstances". 

Rule 8 (d) of the Standard Minimum Rules clearly state that:

"[t]he different categories of prisoners shall be kept in separate
institutions or parts of institutions taking account of their sex, age,
criminal record, the legal reason for their detention and the necessities
of their treatment (...). [In particular], [y]oung prisoners shall be kept
separate from adults". 

Rules 10 to 26 of the same Standard Minimum Rules define and provide for
good conditions of detention, including clothing, food and access to
medical services. In particular, 

"[a]ll accommodation provided for the use of prisoners and in particular
all sleeping accommodation shall meet all requirements of health, due
regard being paid to climatic conditions and particularly to cubic content
of air, minimum floor space, lighting, heating and ventilation" (Rule 10). 

Moreover, access to facilities and toilets should never be denied nor
restricted. 

"The sanitary installations shall be adequate to enable every prisoner to
comply with the need of nature when necessary and in a clean and decent
manner" (Rule 12). 

"Every prisoner shall be provided by the administration at the usual hours
with food of nutritional value adequate for health and strength, of
wholesome quality and well prepared and served. Drinking water shall be
available to every prisoner whenever he needs it" (Rule 20). 


"Sick prisoners who require specialist treatment shall be transferred to
specialized institutions or to civil hospitals. Where hospital facilities
are provided in an institution, their equipment, furnishings and
pharmaceutical supplies shall be proper for the medical care and treatment
of sick prisoners, and there shall be a staff of suitable trained officers"
(Rule 22 (2)). 


Recommendations

Amnesty International is calling on the Greek authorities 

q to conduct a prompt, thorough, impartial and independent investigation
into the alleged ill-treatment of Refat Tafili

q to bring to justice any police officers identified as responsible whether
directly or on the basis of superior responsibility

q to ensure that Refat Tafili receives fair and adequate compensation if
the allegations are found proven

as required by international law and standards and recommendations. 

Moreover, the organization urges the Greek authorities to:

q take immediate steps to ensure that police are not only informed of the
dispositions contained in circular Order no.4803/22/14a (of 3 November
1995) providing for the publication of two information sheets setting out
the rights of detainees and their translation, but are required to
implement them.

q ensure that competent interpreters are on call to assist when foreigners
are detained

q ensure that detainees are immediately seen by an [independent] doctor
after arrest, that they get prompt and effective medical attention and that
medical records are kept in accordance with good medical practices and made
available to the detainees

q take all measures to ensure that detainees are allowed access to their
families and visits from relatives

q ensure that all detainees are given prompt access to legal counsel and
that counsel is able to be present at all stages of proceedings including
identity parades and to communicate in confidence with detainees

q take all measures to ensure that minor detainees are not held with adult
detainees

q take all steps to improve conditions of detention in Greece, in line with
international law and standards and CPT recommendations. 



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