2006-11-17 | PRESS RELEASE
16 November 2006
Greece: Harassment, Prosecution and Ban of Human Rights Defenders, Minority Associations, Commissioner for Human Rights and Judges Upholding Roma Rights in 2005-6
Greek Helsinki Monitor (GHM) has compiled the following detailed report for 2005-6 on Greece’s harassment and prosecution of human rights defenders, the Commissioner for Human Rights at the Council of Europe, and even judges upholding Roma rights; as well as on Greece’s ban of Macedonian and Turkish minority associations.
Slandering statements against GHM and other NGOs fighting against human trafficking
On 19 April 2005, Mr. Nikitas Kaklamanis, then (conservative ND) Minister of Health, and Ms. Ionna Despotopoulou, then (conservative ND) Secretary General of Social Solidarity, publicly accused non-governmental organizations of “existing only on paper” and of “publishing negative reports on the basis of unreliable, exaggerated and misleading information on the victims of the smuggling of human beings in Greece, in order to obtain an increase in funding from the Greek Ministry of Foreign Affairs”. In particular, they explicitly named GHM. These statements, which Ms. Despotopoulou repeated in July 2005, followed the information transmitted by GHM, on behalf of several Greek NGOs, to the United Nations Human Rights Committee. GHM lodged a complaint against those two official representatives before the Athens Misdemeanors Prosecutor’s Office which then had to forward it to the Parliament via the Supreme Court and the Ministry of Justice. In 2006, GHM was not informed of any related development since and hence the case was pending until 19 October 2006 when it became time-barred (crimes by the press are time-barred within 18 months unless the case is referred to court and summons to the trial have been served in the meantime; then prescription is suspended for two additional years so the case becomes time-barred in 3.5 years).
Harassment of Mr. Theo Alexandridis defending Aspropyrgos Roma children access to school
On 13 October 2005, Mr. Theo Alexandridis, GHM legal counsel, was held at a police station for four hours after having participated, along with other human rights activists, in various demonstrations against the expulsion of Roma children from their school, subsequent to pressure exerted by certain parents of non-Roma children in the “Psari” neighborhood in Aspropyrgos, near Athens. Mr. Alexandridis had gone to the police station to lodge a complaint against the parents, responsible for violent acts during those demonstrations against Roma children and him. Once he had filed the complaint, Mr. Alexandridis was not allowed to leave or meet with his colleagues at GHM. He was subsequently told that he was under arrest. Two hours later, he was told that he would not be judged in the framework of read-handed procedure and was released. The president of the Pupils’ Parents Association Ms. Eleni Panta lodged a complaint against Mr. Alexandridis for “libel” and “defamation”. As of late 2005, the case was still pending. In 2006 Mr. Alexandridis’ complaint and the complaint against him were not investigated. The Athens Misdemeanors Prosecutor’s Office decided to refer both complaints directly to trial without a prior proper investigation. As of late 2006, no trial date was set. Moreover, following international NGO appeals on the illegal arrest of Mr. Alexandridis, an ex officio preliminary investigation was launched and Mr. Alexandridis constituted himself civil claimant in May 2006. As of late 2006, there was no further investigation into the allegations.
More slandering statements against GHM defending Patras Roma rights
In a press conference on 22 December 2005, (socialist party PASOK) Deputy Mayor of Patras Mr. Spyros Demartinos alleged that GHM’s Mr. Theodore Alexandridis had prevented a Rom from demolishing his shed on 21 December 2005 and that in general he seeks to discourage the Roma from applying for loans by informing them that the loans are to be paid back. He made further slandering comments several times including in August 2006: asked to comment on a 13 August 2006 GHM press release in which it was stated that, according to official state data submitted to the European Social Charter’s Committee on Social Rights in November 2004, 340 housing loan applications had been forwarded by the Municipality to the Ministry of Interior and 44 of these had been granted. Nevertheless, it would appear that only few (if any) of the Roma living in settlements in Patras had received housing loans. Spyros Demartinos answered to these allegations by noting that “Mr. Panayote Dimitras” (Spyros Demartinos consistently refers to the person of the GHM Spokesperson rather than the organization, in an apparent effort to render the dispute personal) “is not aware of the procedure that is followed concerning the granting of loans and that while he could have addressed a pertinent query to the Municipality, he did not do it out of spitefulness. Mr. Dimitras ignores all that as the only thing that interests him is to deal with the Gypsies of the settlements so as to justify his salary… His only concern is to prevent Gyspies from finding a home. This suits him because as log as sheds exist, he and his activities have a raison d’ être.” On 8 September 2006, Mr. Demartinos blamed the return of previously evicted Roma in the settlements on GHM and Mr. Dimitras who, he claimed, have instigated them to re-establish themselves in the areas where they were evicted from. Mr. Demartinos was one of those who later on sabotaged the visit of the Commissioner for Human Rights (see elsewhere here).
For the 22 December 2005 statements Mr. Alexandridis filed charges for defamation against Spyros Demartinos on 2 March 2006. After a preliminary investigation, the Athens Prosecutor’s Office referred to trial for defamation Mr. Demartinos and the Board of a Patras neighbors’ association. A trial date of 30 October 2006 was set. However, the defendants appealed against the referral and their appeal was not examined on time for the trial to be held, do the trial was cancelled and the case was pending as of late 2006.
Threats and slandering statement s against Roma leader Yannis Halilopoulos by Patras authorities
The August 2006 evictions of Roma from Patras were witnessed by the President of the Greek Gypsy Union Yannis Halilopoulos. The Patras municipal authorities carrying out the evictions threatened Mr. Halilopoulos on 25 August with arrest for “he was filming a worksite” (ie the place from where the Roma were evicted and was to become a worksite for a future square). Moreover, on 31 August, (socialist party PASOK) Patras Deputy Mayor Mr. Spyros Demartinos, in statements to the media slandered Mr. Halilopoulos claiming that he comes to Patras in a car without license plates. Finally, in a meeting held in the Patras City Hall between the (socialist party PASOK) Mayor and Deputy Mayors with the Commissioner for Human Rights of the Council of Europe on 26 September 2006, the municipal authorities did not allow Mr. Halilopoulos to attend, calling him a “self-appointed” representative of the Roma, even though they are in possession of documents from scores of Patras Roma families authorizing Mr. Halilopoulos (and GHM) to represent them.
Harassment of Commissioner for Human Rights at the Council of Europe by Patras authorities
On 26 September 2006, the Commissioner for Human Rights at the Council of Europe Thomas Hammarberg, visited the Roma settlements in Patras. On 28 September 2006 he issued the following statement to the media in Greece about the disrespectful manipulation of his visit by the (socialist party PASOK) local Patras authorities:
“The Patras municipality has published a press release on my visit to the Roma settlements on Tuesday. This official text was incorrect on several points and a correction is unfortunately necessary. First, statements are put in my mouth which I never made. This is most unusual and unacceptable and a sign of disrespect for an international official.
Second, the release gives the impression that I criticized an NGO, Greek Helsinki Monitor. This is untrue. On the contrary, I explained that I wanted to listen to all sides - the Roma, the NGOs, the neighbours and the authorities. I regret this attempt to use my credibility against an NGO. Third, the release gives a wrong impression of the purpose of my visit. I did not come to pass a judgement for or against the authorities and I did certainly not congratulate them. I came in an honest attempt to learn and understand. I was therefore negatively surprised that some of my interviews with the Roma themselves were disturbed by municipality officials or neighbours. In due time I will discuss my conclusions on the Roma issue with the appropriate authorities.”
On 29 September, in an interview to “Flash 96” Athens radio station he also said:
“It is outrageous that a local authority puts statements in the mouth of an international official without informing him and of course all these statements were untrue. This has never happened to me in the past and I can say that I am surprised. I seriously consider reporting this incident to the Council of Europe. If our work is undermined with such statements, there follows confusion in the public opinion about what we are doing. This seriously complicates our work and I have to react but I must first discuss this with the Greek government, on how to deal with the situation. I would like to forget this incident but it is necessary to clarify that something like that cannot happen again. It is a sign of disrespect to an important representative of the Council of Europe.”
On 23 October, Thomas Hammarberg said in an interview to the “International Herald Tribune:” “There are real problems in Patras. Many families have been evicted without being given adequate notice or a real alternative.” IHT added that Hammarberg emphasized the need for state intervention to ensure that the Roma were treated fairly in Patras and elsewhere. “That abusive decisions sometimes are taken at local level does not absolve the central government of responsibility,” he said.
Chief Patras Prosecutors attack and prosecute GHM and state and court officials who uphold Roma rights
On 20 January 2006, the Head of the Patras Appeals Prosecutor’s Office, Mr. Anastassios Kanellopoulos, said in an interview to the Patras radio “Radio Omega” that “perpetrators, instigators and accomplices” of Roma people who helped the latter in the Makrigianni case “will be called to take the stand”, specifically including as potential targets representatives of the Greek Helsinki Monitor. This declaration was made in reference to the case of six Greek Roma families living in the Makrigianni area, city of Patras (Cultural Capital of Europe 2006), who were threatened of being forcibly expelled, despite a decision of the Magistrate’s Court of Patras (312/2005) dated 25 October 2005, ruling that they could legitimately believe they would not be evicted before measures for their resettlement are taken. GHM took part in the defense of these families. Yet, Mr. Anastassios Kanellopoulos ordered on that day the launching of an urgent preliminary investigation into allegations that the Roma of Makrigianni threw litter in a river, following many protests by local residents against this situation. While explaining the various aspects of the judicial investigation, Mr. Kanellopoulos underlined that its objective was to identify the perpetrators and instigators of these acts, as well as their accomplices. When queried by a journalist from Radio Omega, the Prosecutor stated that all Roma are crime perpetrators and also admitted that he would examine the role of GHM representatives, known for their struggle for the rights of the Roma. “If it is proved that they too have helped the Roma, then be assured that they will be called to the stand”, the Prosecutor noted. The Prosecutor’s declarations seem to be directly linked with GHM activities in favor of the defende of the rights of Roma people. In addition, article 40.2 of the Court Organisation Code (COC), on the need for judicial officers to respect confidentiality, combined with Articles 31 and 241 of the Code of Penal Procedure (on how investigations are carried out - “without publicity”), deny him the right to announce who an investigation will be turned against. As a consequence, the Prosecutor is liable for punishment according to article 91.3 of the COC for violation of confidentiality.
Five months later, on 26 June 2006, Prosecutor Anastasios Kanellopoulos announced that all Makrigianni Roma were indicted for the third time. The charges included pollution of environment and water and absence of cleanliness; failure to construct toilets and sewage; illegal squatting on state land; serial thefts; neglect of minors by parents; unlawful use of violence; possible use of weapons and dealing in drugs. The Prosecutor announced too that another criminal investigation was launched against all those who have advocated for, or have upheld through their decisions, the Roma’s right not to be evicted before they be provided with alternative adequate housing. Possible charges included failure to protect state property by not evicting Roma squatting on it; issuing “unlawful” court decisions harming state interests; incitation of Roma to commit the above crimes; and filing false complaints or reports to prosecutors. GHM and the two local Magistrates, Ms. Maria Hadjiri and Mr. Grigoris Kompolitis who issued Magistrate Court Decisions 323/2005 and 312/2005 respectively, annulling as abusive two 2005 protocols of eviction against Roma of Makrigianni and Riganokampos (the other Patras settlement also threatened with eviction) are among those announced as targets of the criminal investigation, alongside police officers and civil servants. The prosecutor’s announcement was made to the presidents of the neighbors associations who have long campaigned for the eviction of Roma. It has been publicly reported that these local activists had been meeting several times since January 2006 with the Chief Appeals and the Chief First Instance Prosecutors, as if they were their lawyers and not independent prosecutors. These prosecutors never met with Roma or their representatives. Mr. Kanellopoulos also stated on 5 July 2006 that in the related court file “there is evidence that GHM has incited Roma to commit illegal acts.”
Yet, as of late 2006, GHM has not been summoned to provide testimony or defense statements in any judicial investigation resulting from the opening of the court files announced by the Prosecutor in January and in June 2006, even though by law these investigations cannot last for more than four months and hence should have been concluded by late May 2006 and late November 2006 (August is a month of recess) respectively. GHM thus concluded that the Prosecutor’s sole aim with his –anyway inappropriate and unlawful- public statements was to publicly discredit Roma rights defenders (mainly GHM) and intimidate state and judicial officials who helped uphold Roma rights. Hence, on 27 September 2006, GHM filed a complaint against the Heads of the Patras First Court and Appeals Court Prosecutor Offices, Messrs. Lambros Sofoulakis and Anastassios Kannelopoulos for defamation of GHM, breach of duty and/or abuse of authority, and racist statements against Roma, acts committed by the press. A preliminary investigation was promptly launched and GHM’s witnesses, including representatives of the human rights sections of the socialist (PASOK) and the left (Synaspismos) parties, as well as Romani leader Yannis Halilopoulos, gave testimonies in October 2006.
Macedonian and Turkish minority associations banned
There are currently no associations in Greece operating legally with their names including the words “Macedonian” or “Turkish” to reflect the ethnic or national identity of their members. This situation reflects the refusal of Greece to acknowledge the presence of a Macedonia and a Turkish minority on its territory. It also seriously hampers the efforts of minority activists to defend the rights of the respective minorities as they are denied the fundamental right to freedom of association.
There is only one (ethnic) Macedonian association that attempted to register with the courts, the “Home of Macedonian Civilization” (Stegi Makedonikou Politismou). It was originally denied registration as an organization by the Greek courts, between 1990-1994. Its appeal to the European Court of Human Rights (ECHR) was successful as, on 10 July 1998, Greece was cited for the violation of article 11 on freedom of association (Case of Sidiropoulos and Others v. Greece - 57/1997/841/1047). However, the “Home of Macedonian Civilization” has not been able to register for over six years. All lawyers of Florina (where the “Stegi” has its seat) had initially repeatedly refused to take up the case. While courts had twice refused the association’s request to appoint a lawyer, despite Greece’s report to the Committee of Ministers of the Council of Europe indicating that courts had been instructed to execute the judgment, and the Ombudsman’s written opinion that there is “enough evidence that ‘no lawyer is found’”. Only following the sustained pressure by the Greek Ombudsman, a lawyer was finally appointed in February 2002. Yet, the new application was again rejected in December 2003 (Judgment no. 243/2003, Single-Member Court of First Instance of Florina, Voluntary jurisdiction procedure, 19 December 2003). The applicants’ appeal was filed in September 2004 in Florina, but lawyers in Kozani, seat of the competent Appeals Court, had refused to take up the case through early 2005. Finally, the application was heard in September 2005 and was again rejected on appeal (Judgment no. 243/2005, Appeals Court of Western Macedonia, formally issued on 16 December 2005, officially notarized on 4 July 2006).
Two Turkish associations were dissolved simultaneously in the 1987, after having been in existence for fifty years. The “Union of Turkish Teachers of Western Thrace” (founded in 1936) was dissolved in November 1987 after the Supreme Court decision 1729/1987 confirmed the relevant Court of Appeals of Thrace decision 159/1986. The court held that the word “Turkish” referred to citizens of Turkey and could not be used to describe citizens of Greece, and that the use of the word “Turkish” to describe Greek Muslims endangered public order. The “Union of Turkish Youth of Komotini” (founded in 1938) was dissolved in November 1987 after the Supreme Court decision 1730/1987 confirmed the relevant Court of Appeals of Thrace decision 160/1986. Again, the court held that the word “Turkish” referred to citizens of Turkey and could not be used to describe citizens of Greece, and that the use of the word “Turkish” to describe Greek Muslims endangered public order.
The third Turkish association, the “Turkish Union of Xanthi” (founded in 1946), was finally dissolved in February 2005, after twenty years of related proceedings (the First Instance Decision dates from 1986 after a dissolution motion filed in 1984). The Supreme Court’s ruling 4/2005 had unanimously confirmed the relevant Court of Appeals of Thrace decision 31/2002. The court considered the association’s aim illegal, contrary to Greek public order, and in contradiction with the international treaties signed in Lausanne, as it is attempted openly to present that in Greece there is a national Turkish minority, while according to these treaties only the presence of a religious Muslim minority is recognized in the area.
Moreover, the application for the establishment of the “Cultural Association of Turkish Women of Rodopi” was rejected by the Appeals Court of Thrace on 17 January 2003 and then by the Greek Supreme Court on 1 April 2005. The rejection was based on the argument that the association’s name (i.e. Turkish) characterized its members as having not only different ethnicity, language and religion, but also different citizenship; and that it would treat its members as Turks with a Turkish national consciousness and not as mere Muslims with Greek citizenship.
Finally, the 1995 application for the establishment of the association “Minority Youth of the Evros Prefecture” was rejected by the Single-Member First Instance Court of Alexandroupoli (ruling 58/1996) and the Appeals Court of Thrace (ruling 423/1998). The Supreme Court overturned the latter decision (ruling 12451/2002) but the Appeals Court of Thrace once more rejected the application (ruling 324/2003), a decision confirmed by the Supreme Court (ruling 58/2006 issued on 10 January 2006). The Court argued that the association’s title did not refer explicitly to a religious Muslim minority but was deceptive as it could be interpreted as referring to a national Turkish minority that did not exist.
It should be noted there exist hundreds of associations of Greeks with the word “Macedonian” in their titles to reflect the geographical seat and/or the Greek regional identity of their members. Moreover, within the officially recognized Muslim minority, there exist associations that have the word “Pomak” or “Roma” in their titles, reflecting the ethnic identity of the Muslims who do not identify as Turks.
UN and Council of Europe expert bodies have repeatedly criticized Greece for the violation of the freedom of association of the Macedonian and Turkish minorities.
The Council of Europe’s European Commission against Racism and Intolerance (ECRI) in December 2003, noted that: “In its second report, ECRI encouraged the authorities to ensure that all groups in Greece, Macedonians and Turks included, could exercise their rights to freedom of association and freedom of expression in accordance with international legal standards. ECRI notes that the Greek authorities are more ready to recognise the existence of minority groups in Greece, such as the Pomaks or the Roma, including the fact that certain members of these groups have a native language other than Greek. However, other groups still encounter difficulties, the Macedonians and Turks for example. Even today, persons wishing to express their Macedonian, Turkish or other identity incur the hostility of the population. They are targets of prejudices and stereotypes, and sometimes face discrimination, especially in the labour market. In the Sidiropoulos and others v. Greece judgment of 10 July 1998, the European Court of Human Rights found that the refusal to register the association “Home of Macedonian Civilisation” constituted an interference with the freedom of association as guaranteed by Article 11 of the European Convention on Human Rights. ECRI deplores the fact that, five years after the decision of the European Court of Human Rights, this association has still not been registered despite the repeated applications made by its members. ECRI notes that similar cases are currently before the Greek courts concerning registration of associations whose title includes the adjective “Turkish”. (…) ECRI encourages the Greek authorities to take further steps toward the recognition of the freedom of association and expression of members of the Macedonian and Turkish communities living in Greece. (…) ECRI also recommends that the Greek authorities closely examine the allegations of discrimination and intolerant acts against Macedonians, Turks and others, and, if appropriate, take measures to punish such acts. ECRI strongly recommends the Greek authorities to open a dialogue with the Macedonians’ representatives in order to find a solution to the tensions between this group and the authorities, as well as between it and the population at large, so that co-existence with mutual respect may be achieved in everyone’s interests.”
The UN Committee on Economic, Social and Cultural Rights, in May 2004, “is concerned that there is only one officially recognized minority in Greece, whereas there are other ethnic groups seeking that status… The Committee urges the State party to reconsider its position with regard to the recognition of other ethnic, religious or linguistic minorities which may exist within its territory, in accordance with recognized international standards, and invites it to ratify the Council of Europe Framework Convention for the Protection of National Minorities (1995).”
The UN Human Rights Committee, in March 2005, “notes with concern the apparent unwillingness of the government to allow any private groups or associations to use associational names that include the appellation “Turk” or “Macedonian”, based upon the state party’s assertion that there are no ethnic, religious or linguistic minorities in Greece other than Muslims in Thrace. The Committee notes that individuals belonging to such minorities have a right under the Covenant to the enjoyment of their own culture, the profession and practice of their own religion, and the use of their own language in community with other members of their group. (article 27). The State party should review its practice in light of Article 27 of the Covenant.”
The Council of Europe’s Commissioner for Human Rights, in his March 2006 follow-up report on Greece, noted: “In his 2002 report, the Commissioner echoed a concern of the European Commission against Racism and Intolerance (ECRI), according to which members of the Turkish-speaking community in Thrace were prevented from designating themselves as they wish, a factor which had to be seen as an impediment to their freedom of expression. The Commissioner noted that it has been generally observed in the past that Greek citizens belonging to groups defined by linguistic or cultural criteria could meet difficulties in exercising their right to freedom of expression or association and to identify themselves as they wish, a right secured in Article 3 of the Framework Convention for the Protection of National Minorities signed by Greece on 22 September 1997 but not yet ratified. The Commissioner expressed the wish that the Greek authorities continue to show greater receptiveness to diversity in their society and that Greece ratify the Framework Convention for the Protection of National Minorities, and sign and ratify the European Charter for Regional or Minority Languages. Having noted that the Greek authorities have chosen in the meantime not to follow the Commissioner’s recommendation to become a party to the two abovementioned conventions pertaining to national minorities, the Commissioner’s delegation, (…) complaints have continued to be made to the Commissioner as regards the right to identify oneself as one sees fit. Indeed, it is not possible today in Greece for those who claim they are members of a minority to use any word they wish in the denominations by which they would like to identify themselves collectively, for instance when registering associations. The Commissioner repeats his recommendation that Greece become a Party to the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages. This would open the way to independent expert advice and review of outstanding issues affecting the Muslim minority.”
Media attacks against human rights defenders
Human rights defenders have been the object of frequent attacks by Greek media that would need a lengthy report to list. Indicative are some early November 2006 examples presented in a statement distributed at a Commissioner for Human Rights at the Council of Europe human rights defenders conference on 13-14 November 2006:
· On 8 November 2006, pro-socialist (PASOK) opposition national daily “Ethnos” (with third largest circulation) called “pathetic, picturesque theatre company” the participants in the presentation of a Macedonian primer in the Athens Journalists Union (ESIEA) on 7 November 2006: they included veteran journalist Richardos Someritis of the pro-socialist (PASOK) opposition national daily “To Vima,” journalist Teta Papadopoulou of the pro-socialist (PASOK) opposition national daily “Eleftherotypia,” human rights columnist Dionysis Gousetis of the official Synaspismos left national daily “Avghi,” GHM Spokesperson Panayote Dimitras, the primer’s publisher George Nakratzas, and Macedonian activists Pavle Filipov-Voskopoulos and Petros Vassiliadis of the Macedonian political party “European Free Alliance – Rainbow” and Thanasis Parisis, President of the Greek Member Committee of the European Bureau of Lesser-Used Languages. There was similar hostile coverage in all other national dailies.
· On 8 November 2006, Patras-based daily “Imera” reported that, during a 7 November meeting at the Region of Western Greece to discuss the problem of the city’s squalid settlement of asylum seekers, the (socialist party PASOK) Prefect of Achaia Dimitris Katsikopoulos “voiced strong criticism against GHM’s Spokesperson Panayote Dimitras, accusing him of having embarrassed Greece several times regarding the attitude of authorities towards the Roma” living in or evicted from similar squalid settlements. No participant voiced any disagreement, not even the participating delegation of UNHCR Greece.
· On 11 November 2006, pro-socialist (PASOK) opposition national daily “Eleftherotypia” (with second largest circulation) wrote that “Panayote Dimitras is a ludicrous ‘personality,’ a pathetic monitor along with his likes, who makes the tame little man in Dostoevsky’s ‘Letters from the Underworld’ pale by comparison,” because he may consider anti-Semitic the preceding column about the “assassination of children in Palestine by barbaric, blood-thirsty Israeli soldiers.”
GREEK HELSINKI MONITOR (GHM)
Address: P.O. Box 60820, GR-15304 Glyka Nera
Telephone: (+30) 2103472259 Fax: (+30) 2106018760
e-mail: office@greekhelsinki.gr website: http://cm.greekhelsinki.gr
UN Observer
