Greece
26.06.03
Urgent Interventions
Greece: child concern, arbitrary detention and fair trial
Case GRC190203.1 CC
Follow-up of Case GRC 190203.CC
Child concern/Arbitrary detention/Fair trial
Geneva, June 26, 2003
The International Secretariat of OMCT has received new information regarding the following situation in Greece.
New information
The International Secretariat of OMCT has been informed by the Greek Helsinki Monitor (GHM), a member of the OMCT network, of the illegal proceedings in the trial of a child asylum seeker that had been arbitrarily arrested and detained in Greece.
According to the information received, Hormez Wisam was acquitted on appeal on 4 June until which point he was in prison, awaiting deportation. His lawyer had dropped him before the first appeal's date on 5/5/2003, without informing the NGOs that had shown interest in the case. In addition, the first appeal had been postponed because of the absence of an interpreter, which resulted in his staying for another month in prison. In the second appeal an interpreter was provided but he only translated the questions posed by the court to the defendant and the answers given by the defendant in reply.
During the court proceedings, the President of the Court accused the defence witness and spokesperson of GHM of challenging the existence and credibility of the police against the boy's statements while, in the context of the correspondence exchanged between the Greek police and the Ombudsman on the case, the police had admitted that as an asylum seeker Hormez Wisam should not have been arrested, but claimed that he had not mentioned that he was an asylum seeker. The President of the Court further commented that "Greece is flooded with foreigners". Finally, the court refused to consider the legal motion for compensation for wrongful detention filed by the defendant's lawyer, who will thus have now to file for cassation.
Wisam is now free and the whole family have been legally registered as asylum applicants by the Greek authorities but OMCT believes that there was a lack of due process and supports the Greek Helsinki Monitor initiated motion for compensation.
Brief reminder of the situation
Hormez Wisam, 17 year old, had been sentenced to 4 months imprisonment for illegal entry in Greece, following the obstruction of his application for asylum by the Greek police. Hormez Wisam is an Iraqi citizen, born on August 28th, 1985. A Christian Catholic, he and his family had to flee from Iraq in fear of their lives. They crossed Turkey and on July 5th, 2002, they entered Greece illegally from the northern Greek Turkish borders in Evros and then came to Athens where they had been residing at the suburb of Peristeri at an address known to the authorities. On November 4th, 2002, Hormez Wisam went to the Aliens’ Department of West Attica in order to submit his application for political asylum but he was constantly prevented from doing so.
On February 10th, 2003, while waiting at a bus stop, Hormez Wisam was arrested by two police officers for lack of legal documents. His application for asylum was considered to be invalid as it seemed to indicate that he had not appeared before the Aliens Department as he was supposed to on 20/12/2002 (although, according to Wisam, he had appeared just to be prevented from entering the relevant office in order to submit his application, as GHM has recorded happening regularly with potential asylum seekers). He was tried in flagrante delicto before the Second Misdemeanors Court of Athens two days after, without legal representation by a defence lawyer. The court sentenced him to 4 months imprisonment for illegal entry in the country, suspendable upon execution of his deportation. Due to inconsistencies in the definitions of a child within the Greek legislation, including that under civil law a minor is a person who has not reached age 18 while under penal law a minor is a person who has not reached 17, Hormez Wisam had reportedly been arrested, tried, sentenced as an adult, but detained as a minor.
Action requested :
Please write to the authorities in Greece urging them to guarantee adequate compensation to Hormez Wisam.
Addresses :
Constantine Simitis, Prime Minister, Prime Minister’s Office at the Hellenic Parliament, Greek Parliament Blgd, Constitution Square, Athens / Greece, Fax: +30 2107241776, Email: Mail@primeminister.gr
George Papandreou, Foreign Minister, Athens, Greece Fax: 30 2103681433, Email: gpap@mfa.gr
Mihalis Hrysohoidis, Minister of Public Order, Athens, Greece, Fax: + 30 2106917944
Filippos Petsalnikos, Minister of Justice, Athens, Greece, fax +30 2107489231
George Kaminis, Deputy Ombudsman for Human Rights, Fax +30 2107289643
Please also write to the embassies of Greece in your respective country.
Geneva, June 26, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case GRC 190203.CC
Child concern/Arbitrary detention/Fair trial
Geneva, June 26, 2003
The International Secretariat of OMCT has received new information regarding the following situation in Greece.
New information
The International Secretariat of OMCT has been informed by the Greek Helsinki Monitor (GHM), a member of the OMCT network, of the illegal proceedings in the trial of a child asylum seeker that had been arbitrarily arrested and detained in Greece.
According to the information received, Hormez Wisam was acquitted on appeal on 4 June until which point he was in prison, awaiting deportation. His lawyer had dropped him before the first appeal's date on 5/5/2003, without informing the NGOs that had shown interest in the case. In addition, the first appeal had been postponed because of the absence of an interpreter, which resulted in his staying for another month in prison. In the second appeal an interpreter was provided but he only translated the questions posed by the court to the defendant and the answers given by the defendant in reply.
During the court proceedings, the President of the Court accused the defence witness and spokesperson of GHM of challenging the existence and credibility of the police against the boy's statements while, in the context of the correspondence exchanged between the Greek police and the Ombudsman on the case, the police had admitted that as an asylum seeker Hormez Wisam should not have been arrested, but claimed that he had not mentioned that he was an asylum seeker. The President of the Court further commented that "Greece is flooded with foreigners". Finally, the court refused to consider the legal motion for compensation for wrongful detention filed by the defendant's lawyer, who will thus have now to file for cassation.
Wisam is now free and the whole family have been legally registered as asylum applicants by the Greek authorities but OMCT believes that there was a lack of due process and supports the Greek Helsinki Monitor initiated motion for compensation.
Brief reminder of the situation
Hormez Wisam, 17 year old, had been sentenced to 4 months imprisonment for illegal entry in Greece, following the obstruction of his application for asylum by the Greek police. Hormez Wisam is an Iraqi citizen, born on August 28th, 1985. A Christian Catholic, he and his family had to flee from Iraq in fear of their lives. They crossed Turkey and on July 5th, 2002, they entered Greece illegally from the northern Greek Turkish borders in Evros and then came to Athens where they had been residing at the suburb of Peristeri at an address known to the authorities. On November 4th, 2002, Hormez Wisam went to the Aliens’ Department of West Attica in order to submit his application for political asylum but he was constantly prevented from doing so.
On February 10th, 2003, while waiting at a bus stop, Hormez Wisam was arrested by two police officers for lack of legal documents. His application for asylum was considered to be invalid as it seemed to indicate that he had not appeared before the Aliens Department as he was supposed to on 20/12/2002 (although, according to Wisam, he had appeared just to be prevented from entering the relevant office in order to submit his application, as GHM has recorded happening regularly with potential asylum seekers). He was tried in flagrante delicto before the Second Misdemeanors Court of Athens two days after, without legal representation by a defence lawyer. The court sentenced him to 4 months imprisonment for illegal entry in the country, suspendable upon execution of his deportation. Due to inconsistencies in the definitions of a child within the Greek legislation, including that under civil law a minor is a person who has not reached age 18 while under penal law a minor is a person who has not reached 17, Hormez Wisam had reportedly been arrested, tried, sentenced as an adult, but detained as a minor.
Action requested :
Please write to the authorities in Greece urging them to guarantee adequate compensation to Hormez Wisam.
Addresses :
Constantine Simitis, Prime Minister, Prime Minister’s Office at the Hellenic Parliament, Greek Parliament Blgd, Constitution Square, Athens / Greece, Fax: +30 2107241776, Email: Mail@primeminister.gr
George Papandreou, Foreign Minister, Athens, Greece Fax: 30 2103681433, Email: gpap@mfa.gr
Mihalis Hrysohoidis, Minister of Public Order, Athens, Greece, Fax: + 30 2106917944
Filippos Petsalnikos, Minister of Justice, Athens, Greece, fax +30 2107489231
George Kaminis, Deputy Ombudsman for Human Rights, Fax +30 2107289643
Please also write to the embassies of Greece in your respective country.
Geneva, June 26, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.