violations of Roma children's rights during their interrogation by the police

Violation of children’s rights during their interrogation by the police / discrimination of Roma children

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Greece.

Brief description of the situation

The International Secretariat of OMCT has been informed by Greek Helsinki Monitor (GHM), a member of SOS-Torture Network, of the violation of the penal procedure rules by police officers of the Security Police Station of Amaliada (Southwest of Greece) during the interrogation phase of three children, two of whom were below 13, the minimum age of criminal responsibility, and the other just over 13, at the time the offence was committed.

According to the information received, on 4 November 2008, a mother and her 11 year-old boy S.-T. A. (names withheld) reported to officers of the Security Police Station of Amaliada that, in early July 2008, S.-T. A. had been sexually abused by a pupil of his school (P. P.) and that the act had been videotaped by a third boy I. P. (who is also P.P.’s cousin) who, along with his brother F. P., allegedly showed the video to other classmates. S.-T. A. testimony was registered in a narrative instead of a detailed and regular questions and answers report as the procedure requires in case children are interrogated.

Following these allegations and on the basis of a prosecution’s order, the police searched the house of I. P. and F. P. on 5 November 2008 at 12:00 a.m. Their parents were absent but an uncle attended the search. The police seized three mobiles belonging to I. P. and F. P. and took the boys to the police station without any legal warrant; arguing it was just for a “friendly conversation”. It appears that both I. P. and F. P. spent more than six hours in the police station and underwent real interrogations, mostly without the presence of their lawyer. GHM noticed the boys were denied food and their uncle was not allowed to stay with them. The boys also told GHM that the police had threatened them to stay the whole night in the police station if they did not tell the truth.

According to GHM, on 5 November in the late afternoon, the police proceeded to the unsworn interrogation of I. P. as a suspect for allegedly videotaping the alleged rape and for showing the video to other classmates with his brother F. P. Before starting the interrogation as such, a pre-printed paragraph of the police report mentioned that I. P. was informed of his rights to testify in the presence of a lawyer, to refuse to fully or partly provide explanations, to ask for a 48-hours deadline (possibly extended) for comments, and to get a copy of the complaint. When he was asked if he wanted to make use of his rights he reportedly answered no. His brother F. P. was then questioned as a suspect within the framework of an unsworn interrogation for having shown the video. He was also allegedly informed of his rights and refused to use them. His interrogation was registered in a narrative instead of a detailed and regular questions and answers report. Both denied the existence of the video but were reported to have said that P. P. told them he had sexual intercourse with S.T.A., what both subsequently denied to have said during the interrogation.

On the same day, S.-T. A. and his mother gave complementary testimonies during which S.-T. A. reported different facts (amounting to rape) and identified the two suspects.

According to the same source, in the following days the police allegedly pressured P.P.’s parents to bring him to the police station informally but thanks to GHM’s intervention, P. P., was summoned in writing on 14 November 2008. P. P. signed an examination report without oath where his age was not mentioned. Only after the intervention of GHM’s lawyer the police gave P. P. access to his cousins’ testimonies with an additional 48-hours deadline for explanations. P. P. has been officially suspected of rape. In the explanation memo he finally submitted to the police in early December to complete his examination, P.P. asked the judicial authorities that the whole procedure be invalidated in view of the series of procedural violations.

The International Secretariat of OMCT and GHM are gravely concerned about the numerous violations of children’s rights in this matter. In particular, the police officer from the Amaliada police station did not fully respect the procedure that should be applied to children. The fact that F. P. and P. P. were below 13, the minimum age of criminal responsibility, means that their interrogation as suspects in a criminal investigation was abusive. Moreover, the examination reports were not filled out properly and the boys’ uncle was not allowed to stay or even communicate with them and most of the time their lawyer was not with them either. They were not able to get the support of an expert child psychologist or social worker either. In addition, incoherent information has been circulated by the media, disregarding the suspects’ right to privacy.

In addition, there are grounds to believe that the violations of P. P., I. P. and F. P.’s rights are based on discrimination because of their origin since there are Roma. In this respect, Greek Helsinki Monitor has provided detailed documentation for sixty cases showing the systematic denial of justice for Roma, including Roma children, in Greece. In addition, it is also known that S.-T. A. and P. P. had hostile relations and often exchanged racist insults.

Requested action

Please write to the authorities of Greece urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of the four boys involved in the case;
2. Order a thorough and impartial investigation into these irregularities, in order to identify and apply the sanctions as provided by law;
3. Drop the charges against P. P., I. P. and F. P. in the absence of valid legal charges that are consistent with international law and standards, or if such charges exist for I.P. who is above the minimum age of criminal responsibility, bring him before an impartial and competent tribunal and guarantee their procedural rights at all times;
4. Guarantee that adequate compensation is awarded to P. P., I. P. and F. P.;
5. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Mr. Kostas Karamanlis, Prime Minister, Prime Minister’s Office at the Hellenic Parliament, Greek Parliament Blgd, Constitution Square, Athens, Greece. Fax: +30 210 3238129, Email: pressoffice@primeminister.gr
• Ms. Dora Bakoyannis, Foreign Minister, Athens, Greece, Fax: + 30 210 36 81 433, Email: minister@mfa.gr
• Mr. Sotiris Hatzigakis, Minister of Justice, Athens, Greece, Fax +30 2107489231
• Mr. Giorgos Kaminis, Ombudsman for Human Rights, Fax 30 210 7289643
• H.E. Franciscos Verros, Ambassador, Permanent Mission of Greece to the United Nations in Geneva, Rue du Léman 4, 1201 Geneva, Switzerland, Email: mission.greece@ties.itu.int, Fax: +41 22 732.21.50
• Diplomatic Mission of Greece to the European Union, 25 rue Montoyer, 1000 Brussels, Belgium, Fax: + 32 2 512 79 12 / + 32 2 551 56 51.

Please also write to the embassies of Greece in your respective country.

Geneva, December 22, 2008

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.