A/HRC/45/16/Add.1 IV. Main findings concerning the right to personal liberty 33. In determining whether the information provided, including from persons interviewed during the visit, raised issues regarding the arbitrary deprivation of liberty, the Working Group referred to the five categories of arbitrary deprivation of liberty outlined in paragraph 8 of its methods of work (A/HRC/36/38). A. Deprivation of liberty in the context of the criminal justice system 1. Presentation before a judicial authority 34. The Working Group recalls that anyone arrested or detained on a criminal charge has the right to be brought promptly before a judicial authority. According to article 87 of Law No. 1756/88, the Public Prosecutor is a judicial authority independent of the courts and the executive power. In the case of a crime or an arrest made by order of the investigator, the Prosecutor refers the arrested person to the investigator. If it is a misdemeanour, the Prosecutor may refer the accused immediately to the competent court that is in session on that day, without a written preliminary hearing, and the court hears the case on the same day. Exceptionally, when the court is unable to convene on the same day, detention may be ordered for a maximum of 24 hours. 35. During its visit, the Working Group ascertained that individuals are normally presented before the Public Prosecutor within 24 hours of arrest. While this is commendable, it considers that presentation before the prosecutorial authorities, whose role is to prosecute rather than adjudicate each case, cannot be equated with presentation before a judge as required under article 9 (3) of the International Covenant on Civil and Political Rights. Given their role and interest in prosecuting cases, the Working Group considers that prosecutorial authorities do not possess the requisite degree of independence to assess the necessity and proportionality of detention. 4 The Working Group recommends that Greece complies with its obligations under the Covenant. 2. Pretrial detention 36. Pretrial detention, according to Greek legislation, should be imposed only when release under restrictive measures is deemed insufficient for the purposes of the criminal proceedings. The Working Group notes, however, that the imposition of pretrial detention is in practice automatic, as there is no individual assessment of whether detention is necessary and proportionate, contrary to article 9 (3) of the Covenant. Pretrial detention may also be imposed, exceptionally, for up to 18 months, contrary to article 6 (4) of the Constitution, which stipulates that detention pending trial may not exceed one year in the case of felonies or six months in the case of misdemeanours, and that these periods may be extended for up to six months in exceptional cases only. 37. The placement of pretrial detainees and their separation from convicted persons is provided for in article 11 of the Penitentiary Code and in article 10 of the internal regulations for the operation of detention centres. However, that separation was not in place in any of the facilities visited. Failure to separate pretrial detainees and convicted prisoners is contrary to article 10 (2) (a) of the Covenant and rule 11 (b) of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). Pretrial detainees are also subject to the same treatment as those who have been convicted, contrary to the presumption of innocence to which all persons are entitled prior to conviction. Such a practice may amount to de facto punishment without conviction (A/HRC/39/45/Add.1, para. 33). 38. The Working Group recalls the concluding observations of the Committee against Torture (CAT/C/GRC/CO/7, para. 37) and urges Greece to abide by its international obligations to ensure that pretrial detention is exceptional, and that persons detained 4 Human Rights Committee, general comment No. 35 (2014) on liberty and security of person, para. 32. 7