A/HRC/45/16/Add.1
pending trial are separated from convicted persons and are not treated as though they were
convicted persons.
3.
Presumption of innocence
39.
The Working Group recalls that everyone charged with a criminal offence has the
right to be presumed innocent under article 14 (2) of the Covenant. The Working Group
received credible information concerning non-nationals in pretrial detention who had been
detained exclusively on the basis of police testimony, including when there was other
evidence that did not support their guilt. Similar instances were reported in cases of drugrelated crime and organized crime.
40.
The presumption of innocence imposes a burden on the prosecution of proving
charges beyond reasonable doubt. The Working Group urges the judicial authorities to
ensure that they afford accused persons the presumption of innocence and fair consideration
of all available evidence when making decisions to detain, regardless of the nationality of
the accused.
4.
Right to legal counsel
41.
Under article 33 of the internal regulations for the operation of detention centres,
detainees are entitled to legal support and assistance under specific conditions, including if
detainees declare that they are financially unable to exercise their defence rights. The
Working Group, however, was informed of cases in which detainees accused of
misdemeanours were not informed of their right to legal assistance, including legal aid. In
most instances, the detainees were brought before the Public Prosecutor without a lawyer
when pretrial detention was ordered. As a result, the detainees could not effectively defend
themselves and were not given a fair opportunity to contest their detention.
42.
The Working Group received information that detainees who were accused of
felonies, particularly in relation to serious drug offences, were informed of their right of
access to a lawyer of their choice or at no cost if they did not have sufficient means to
afford legal assistance. It recommends that the right to legal assistance be extended to all
persons who are accused of any type of crime, particularly misdemeanours.
43.
The Working Group encourages the Government to ensure that all persons are
promptly informed upon apprehension of their right to legal assistance, including
immediately after the moment of apprehension, by counsel of their choice or at no cost if
they cannot afford a lawyer.5 The authorities must also ensure that all persons deprived of
their liberty benefit from this right at any time during their detention (CAT/C/GRC/CO/7,
paras. 14–15).
5.
Provision of information in other languages
44.
According to articles 9 (2) and 14 (3) (a) of the Covenant, anyone who is arrested
has the right to be informed in a language that he or she understands of the reasons for the
arrest, and to be promptly informed of any charges. The authorities are required to inform
detained persons of their rights in a language that they understand, including the right to
legal counsel and to request a court to consider the legality of the detention.
45.
The authorities informed the Working Group that all detainees are informed of the
reasons for their detention, either orally or in writing. If the detained person is a foreign
national who does not understand the Greek language, care is taken to explain his or her
rights through an interpreter or consular authority. Individual informative sessions are
provided when necessary. Information bulletins in the language of the detainee are also
available, but were not visible in most of the sites visited. The Ministry of Citizen
Protection demonstrated printed materials with the rights of detainees explained in various
languages, but these materials do not appear to be consistently provided to detainees.
5
8
United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone
Deprived of Their Liberty to Bring Proceedings Before a Court (A/HRC/30/37), principle 9 and
guideline 8.
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