Greece
16.04.03
Urgent Interventions
Greece: prosecutor fails to act concerning cases of torture
Case GRC 160403
Ill-treatment / Torture
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 received information from the Greek Helsinki Monitor, a member of the OMCT network, of the ill treatment and torture to which several persons who were being deported from Greece have been subjected, and the recent decision of the office of the prosecutor to take no action concerning these cases.
According to the information received, Jahangir Alam was being deported to Bangladesh on September 19, 2001 when police officers brought him to Eginitio Hospital against his will. At the hospital, it is reported that doctors of the University Psychiatric Clinic (director: Professor G. N. Christodoulou), gave him a sedative drug via intramuscular injection. According to the information received, the doctors were aware of the fact that Mr. Alam was brought to the hospital unlawfully. Following a failed attempt to deport him, Mr. Alam was reportedly returned to Greece, because the authorities failed to provide him with the appropriate documents, leading to the Bangladeshi authorities refusing to allow him into the country and sending him back to Greece. The Greek Police (EL.AS.), in a document by Police Brigadier General G. Metropoulos, Director of the Aliens Department (4/042251-538020/5.7.02), and Eginitio Hospital, in a document by Associate Professor G. Trikka (6779/1.11.02), reportedly considered this operation to be lawful.
According to the information received, on October 20, 2002, Onuchukwu Uchenna Ezekiel faced a similar situation upon his attempted deportation to Nigeria. It is reported that law enforcement officers took him, without his consent, to Dromokaitio Psychiatric Hospital. Doctors reportedly tried to give him an injection of a sedative drug, even though they were aware of the fact that Mr. Ezekiel was brought to the hospital unlawfully. According to the information received, Mr. Ezekiel had heard from other detainees about the use of the sedative drug, and he resisted the sedation. Having failed to sedate Mr. Ezekiel, the police then reportedly brought him to the airport, where the airline refused to take him on board the airplane, as he had begged the airline representatives not to assist the authorities with his attempted deportation. It is reported that during the attempted deportation, he was subjected to ill-treatment, with sign of this visible to representatives for the Greek Helsinki Monitor when they saw him three days later.
According to the information received, on June 25th, 2002, Joseph Emeka Okeke, who is married to a Greek woman, also resisted his attempted deportation to Nigeria. He was reportedly brought to the Hellenic New Holding Center, at which time our sources indicate that Mr. Okeke bore marks of ill-treatment. Mr. Okeke was the subject of an OMCT urgent appeal in July 2002 – Case GRC 010702). The Greek authorities assigned Police Brigadier General G. Metropoulos, the Director of the Aliens Department, to conduct a Sworn Administrative Investigation (EDE). Gen. Metropoulos concluded that all allegations regarding torture "......are all lies, as was confirmed by the individual who was allegedly ill-treated and by his fellow detainees."
After receiving the letter on September 20th, 2002, Mr. Okeke's attorney, who was hired by GHM, visited him to investigate the allegations. Mr. Okeke reportedly stated that he had never withdrawn his original allegations and that he had never signed a statement for the EDE, since the text was in Greek. In addition, none of Mr. Okeke's fellow detainees had been called as witnesses; neither had Mr. Okeke's wife; nor his attorney, who had reportedly seen his injuries at the time. In addition, Mr. Okeke was never cross-examined during this process. According to the information received, the Greek authorities are refusing to hand over the copies of Okeke's records, including copies of his forensic medical examination, to the Greek Helsinki Monitor, which is legally representing Mr. Okeke. Mr. Okeke has filed a complaint concerning his case.
According to the most recent information, the Greek Helsinki Monitor was informed on April 14, 2003, that the Office of the Prosecutor was refusing to take any further action with regards to the afore-mentioned cases.
The International Secretariat of OMCT is gravely concerned by allegations that the Greek authorities are continuing to use ill-treatment and torture, including forceful sedation and electric shocks, and the impunity which accompanies these acts. OMCT therefore calls on the authorities to guarantee that a prompt and impartial investigation is launched into these cases; to ensure that the case files and all relevant material is made available to the victims’ legal representation; to ensure that appropriate reparation is awarded to the victims, and that the perpetrators of these acts are brought to justice. OMCT calls on the authorities to ensure that practices such as forces sedation and the use of electric shocks, as well as all other forms of ill-treatment and torture, are halted immediately.
Action Requested
Please write to the Greek authorities urging them to:
i. halt the use of forceful sedation on persons who have been brought to hospitals unlawfully, as well as the use of electric shock and all other forms of ill treatment and torture by members of the Greek Police and medical professionals in Greece;
ii. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
iii. provide adequate reparation to all persons that have been injured during these events;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance international human rights laws and standards.
Addresses
· Mr. Constantine Simitis, Prime Minister, Prime Minister’s Office at the Hellenic Parliament, Greek Parliament Blgd, Constitution Square, Athens / Greece, Fax: +30 210 724 17 76, Email: Mail@primeminister.gr
· Mr. George Papandreou, Foreign Minister Athens, Fax: 30 210 36 81 433, Email: gpap@mfa.gr
· Mr. Filippos Petsalnikos, Minister of Justice, Fax: 30 210 74 89 231
· Mr. Mihalis Hrysohoidis, Minister of Public Order, Athens, Greece, Fax: + 30 210 6917944
· Mr. George Kaminis, Ombudsman for Human Rights, Fax 30 210 7289643
Please also write to the embassies of Greece in your respective country.
Geneva, April 16th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Ill-treatment / Torture
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 received information from the Greek Helsinki Monitor, a member of the OMCT network, of the ill treatment and torture to which several persons who were being deported from Greece have been subjected, and the recent decision of the office of the prosecutor to take no action concerning these cases.
According to the information received, Jahangir Alam was being deported to Bangladesh on September 19, 2001 when police officers brought him to Eginitio Hospital against his will. At the hospital, it is reported that doctors of the University Psychiatric Clinic (director: Professor G. N. Christodoulou), gave him a sedative drug via intramuscular injection. According to the information received, the doctors were aware of the fact that Mr. Alam was brought to the hospital unlawfully. Following a failed attempt to deport him, Mr. Alam was reportedly returned to Greece, because the authorities failed to provide him with the appropriate documents, leading to the Bangladeshi authorities refusing to allow him into the country and sending him back to Greece. The Greek Police (EL.AS.), in a document by Police Brigadier General G. Metropoulos, Director of the Aliens Department (4/042251-538020/5.7.02), and Eginitio Hospital, in a document by Associate Professor G. Trikka (6779/1.11.02), reportedly considered this operation to be lawful.
According to the information received, on October 20, 2002, Onuchukwu Uchenna Ezekiel faced a similar situation upon his attempted deportation to Nigeria. It is reported that law enforcement officers took him, without his consent, to Dromokaitio Psychiatric Hospital. Doctors reportedly tried to give him an injection of a sedative drug, even though they were aware of the fact that Mr. Ezekiel was brought to the hospital unlawfully. According to the information received, Mr. Ezekiel had heard from other detainees about the use of the sedative drug, and he resisted the sedation. Having failed to sedate Mr. Ezekiel, the police then reportedly brought him to the airport, where the airline refused to take him on board the airplane, as he had begged the airline representatives not to assist the authorities with his attempted deportation. It is reported that during the attempted deportation, he was subjected to ill-treatment, with sign of this visible to representatives for the Greek Helsinki Monitor when they saw him three days later.
According to the information received, on June 25th, 2002, Joseph Emeka Okeke, who is married to a Greek woman, also resisted his attempted deportation to Nigeria. He was reportedly brought to the Hellenic New Holding Center, at which time our sources indicate that Mr. Okeke bore marks of ill-treatment. Mr. Okeke was the subject of an OMCT urgent appeal in July 2002 – Case GRC 010702). The Greek authorities assigned Police Brigadier General G. Metropoulos, the Director of the Aliens Department, to conduct a Sworn Administrative Investigation (EDE). Gen. Metropoulos concluded that all allegations regarding torture "......are all lies, as was confirmed by the individual who was allegedly ill-treated and by his fellow detainees."
After receiving the letter on September 20th, 2002, Mr. Okeke's attorney, who was hired by GHM, visited him to investigate the allegations. Mr. Okeke reportedly stated that he had never withdrawn his original allegations and that he had never signed a statement for the EDE, since the text was in Greek. In addition, none of Mr. Okeke's fellow detainees had been called as witnesses; neither had Mr. Okeke's wife; nor his attorney, who had reportedly seen his injuries at the time. In addition, Mr. Okeke was never cross-examined during this process. According to the information received, the Greek authorities are refusing to hand over the copies of Okeke's records, including copies of his forensic medical examination, to the Greek Helsinki Monitor, which is legally representing Mr. Okeke. Mr. Okeke has filed a complaint concerning his case.
According to the most recent information, the Greek Helsinki Monitor was informed on April 14, 2003, that the Office of the Prosecutor was refusing to take any further action with regards to the afore-mentioned cases.
The International Secretariat of OMCT is gravely concerned by allegations that the Greek authorities are continuing to use ill-treatment and torture, including forceful sedation and electric shocks, and the impunity which accompanies these acts. OMCT therefore calls on the authorities to guarantee that a prompt and impartial investigation is launched into these cases; to ensure that the case files and all relevant material is made available to the victims’ legal representation; to ensure that appropriate reparation is awarded to the victims, and that the perpetrators of these acts are brought to justice. OMCT calls on the authorities to ensure that practices such as forces sedation and the use of electric shocks, as well as all other forms of ill-treatment and torture, are halted immediately.
Action Requested
Please write to the Greek authorities urging them to:
i. halt the use of forceful sedation on persons who have been brought to hospitals unlawfully, as well as the use of electric shock and all other forms of ill treatment and torture by members of the Greek Police and medical professionals in Greece;
ii. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
iii. provide adequate reparation to all persons that have been injured during these events;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance international human rights laws and standards.
Addresses
· Mr. Constantine Simitis, Prime Minister, Prime Minister’s Office at the Hellenic Parliament, Greek Parliament Blgd, Constitution Square, Athens / Greece, Fax: +30 210 724 17 76, Email: Mail@primeminister.gr
· Mr. George Papandreou, Foreign Minister Athens, Fax: 30 210 36 81 433, Email: gpap@mfa.gr
· Mr. Filippos Petsalnikos, Minister of Justice, Fax: 30 210 74 89 231
· Mr. Mihalis Hrysohoidis, Minister of Public Order, Athens, Greece, Fax: + 30 210 6917944
· Mr. George Kaminis, Ombudsman for Human Rights, Fax 30 210 7289643
Please also write to the embassies of Greece in your respective country.
Geneva, April 16th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.