Greece
18.09.03
Urgent Interventions
Greece: trial against 22 Roma
OMCT/HIC-HLRN
JOINT URGENT ACTION APPEAL:
Criminal Charges against 27 Roma and Destitute Living Conditions in the Roma Settlement of Glykeia
GREECE
Case GRE-FE 110803.1
Follow-up to Case GRE-FE 110803
Geneva-Cairo, 18 September 2003
The International Secretariat of the World Organisation against Torture (OMCT) and the Coordination Office of Housing and Land Rights Network of Habitat International Coalition (HIC-HLRN) request your URGENT intervention in the following situation in Greece.
New Information
The Greek Helsinki Monitor (GHM), a member of the OMCT network, has informed the International Secretariat of OMCT that on 22 September 2003, 27 Roma will be on trial before the Misdemeanour Court of Nafplio (the seat of the Prefecture of Argolida), facing penalties of up to three months imprisonment and/or a fine.
According to the information received, 27 Roma, who are living in Glykeia (Municipality of Nea Tiryntha, Prefecture of Argolida), are accused of violating national sanitary provisions regulating living conditions in temporary settlements. These charges do not have adequate grounds for prosecution and have been brought even though the court acquitted the same 27 Roma of the same charges in 1999.
These new charges indict the five men and 22 women for having intentionally violated the Minister of Internal Affairs and Minister of Health’s Decision entitled, “Sanitary Provision for the organized relocation of wandering nomads” (A5/696/25.4–11.5.83), from November 1998 to 17 July 1999. The indictment reportedly specified violations of Article 1 paragraphs 1 and 2 of the Sanitary Provision, which prohibit the “unchecked, without permit, encampment of wandering nomads (athinganoi, etc.)” but authorizes the temporary encampment “provided that there is a prior relevant decision of the Prefect and a permit.”
The GHM and SOKADRE (Coordinated Organizations and Communities for Roma Human Rights in Greece) are currently supporting the Roma. GHM’s legal counsel will represent the Roma during the trial, the European Roma Rights Centre (ERRC) providing the necessary funds.
Brief Reminder of the Situation
According to the information received, the Prefecture Council of Argolida settled the Roma in Glykeia in 1986, where they have been living since then. As it is the Prefecture that settled the Roma in Glykeia, their settlement complies with the cited sections of the Sanitary Provision that allow encampments with “a prior relevant decision of the Prefect,” thus, rendering the present charges groundless.
The Roma settlement in Glykeia is adjacent to the Open Air Prison Facility of Tiryntha, and it was the Chief Warden of the prison who reportedly formally sought prosecution by sending a letter (document Ref. No. 6787/27-11-1998) to the Prosecutor. The dates of November 1998 and 17 June 1999 cited in the indictment coincide with the period from the date of the Chief Warden’s letter to Prosecutor’s office until the Police Station of Nafplio—without any investigation— reported the names of the 27 Roma to the Prosecutor’s office. The 27 Roma involved in the pending trial were reportedly tried and acquitted on the same charges on 21 June 1999, the same month the current indictment was filed.
Human rights, international law, and treaty violations
The pending trial and the criminal charges against the 27 Roma contravene, inter alia, the inhabitants’ right to adequate housing and due process. The Greek authorities especially violate those citizens’ entitlements to security of tenure, access to public and environmental goods and services, information, freedom from dispossession, an appropriate housing location, participation, compensation, and physical security. All are elements to the right to the human right to adequate housing are enshrined in international law. Specifically, the authorities have breached their treaty obligations under articles 1, 2, 4, 11, 12, and 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which Greece acceded to on 16 August 1985. The State has been derelict in its obligations as elaborated in the UN Committee on Economic, Social and Cultural Rights General Comments Nos. 4 and 7 on the human right to adequate housing, and in General Comment No. 15 on the right to water. Greece has also breached articles 1, 5 and 6 of the International Convention on the Elimination of all Forms of Racial Discrimination (CERD), which it ratified on 18 July 1970.
The current indictment also violates domestic penal procedure provisions. For example, no investigation was undertaken to confirm that the 27 Roma currently indicted were living in the settlement during the period referred to above. Moreover, the Prosecutor appears to have merely asked the police to forward him the names of the 27 Roma that had been indicted and acquitted on 21 June 1999. Finally, it should be noted that, even if the Roma were acquitted on 22 September 2003, these duplicative criminal prosecutions would still amount to harassment aimed at forcing the Roma to abandon their settlement by virtue of incurring upon them expenses that they cannot afford.
Action requested
Please write to the authorities in Greece urging them to:
i. guarantee an immediate investigation into the circumstances of the duplicative criminal prosecutions, and dismiss charges that are not warranted;
ii. abstain from initiating criminal proceedings against Roma living in destitute settlements under the Sanitary Provision, at least until the proposals put forward by many municipalities around Greece or the central government concerning the relocation of their Roma communities are materialised;
iii. guarantee the right to adequate housing of the Roma community in Nea Tiryntha: namely, its following elements: security of tenure, access to public and environmental goods and services, freedom from dispossession, right to information and resettlement, as recognised in International Covenant on Economic, Social and Cultural Rights, and elaborated in General Comments Nos. 4 and 7 by the UN Committee on Economic, Social and Cultural Rights, and the International Convention on the Elimination of all Forms of Racial Discrimination, among others;
iv. guarantee the respect of human rights and fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses:
Mr. Constantine Simitis, Prime Minister
Prime Minister’s Office at the Hellenic Parliament
Greek Parliament Bldg.
Constitution Square
Athens, GREECE
Fax: +30 210 724–1776
Email: Mail@primeminister.gr
Mr. George Papandreou, Foreign Minister
Ministry of Foreign Affairs
Athens, GREECE
Fax: +30 210 368–1433
Email: gpap@mfa.gr
Mr. Filippos Petsalnikos, Minister of Justice
Ministry of Justice
Athens, GREECE
Fax: +30 210 748–9231
George Kaminis, Greek Ombudsman
Fax +30 210 728–9643
kaminis@synigoros.gr
Mr. Costas Skandalidis, Minister of Interior
Public Administration and Decentralisation
Fax: +30 210 323–3218
**************
Geneva - Cairo, 18 August 2003
Kindly inform OMCT and HIC-HLRN of any action undertaken, quoting the code of this appeal in your reply to: omct@omct.org and mmignot@hic-mena.org
The joint urgent appeals of OMCT and HIC-HLRN are dedicated to the protection of the human right to adequate housing.
**************
Sample Letter
Date
Prime Minister,
We have been informed by the World Organisation against Torture (OMCT) and Habitat International Coalition-Housing and Land Rights Network (HIC-HLRN) that, on 22 September 2003, 27 Roma will be on trial before the Misdemeanour Court of Nafplio (the seat of the Prefecture of Argolida) and face penalties of up to three months imprisonment and/or a fine.
According to the information received, 27 Roma living in Glykeia (Municipality of Nea Tiryntha, Prefecture of Argolida) are charged with violating national sanitary provisions regulating living conditions in temporary settlements. These new charges indict the five men and 22 women for having intentionally violated the Minister of Internal Affairs and Minister of Health’s Decision entitled, “Sanitary Provision for the organized relocation of wandering nomads” (A5/696/25.4-11.5.83), from November 1998 to 17 July 1999. The indictment reportedly specified violations of Article 1 paragraphs 1 and 2 of the Sanitary Provision, which prohibit the “unchecked, without permit, encampment of wandering nomads (athinganoi, etc.),” but authorizes the temporary encampment “provided that there is a prior relevant decision of the Prefect and a permit.” These charges do not have adequate grounds for prosecution, as the Prefecture Council of Argolida settled the Roma in Glykeia in 1986, where they have been living since then. As it is the Prefecture that settled the Roma in Glykeia, their settlement complies with the cited sections of the Sanitary Provision that allow encampments with “a prior relevant decision of the Prefect”. Moreover, the charges have been brought even though the court acquitted the same 27 Roma of the same charges in 1999.
We urge you to guarantee an immediate investigation into the circumstances of the duplicative criminal prosecutions, and dismiss charges that are not warranted, but also to abstain from initiating criminal proceedings against Roma living in destitute settlements under the Sanitary Provision, at least until the proposals put forward by many municipalities around Greece or the central government concerning the relocation of their Roma communities are materialised. The Greek authorities should also comply with their international obligations and guarantee the right to adequate housing of the Roma community in Nea Tiryntha.
Thanking you in advance for your attention in this matter, we look forward to hearing from you regarding your remedial actions.
[Name]
[Organisation]
CC:
JOINT URGENT ACTION APPEAL:
Criminal Charges against 27 Roma and Destitute Living Conditions in the Roma Settlement of Glykeia
GREECE
Case GRE-FE 110803.1
Follow-up to Case GRE-FE 110803
Geneva-Cairo, 18 September 2003
The International Secretariat of the World Organisation against Torture (OMCT) and the Coordination Office of Housing and Land Rights Network of Habitat International Coalition (HIC-HLRN) request your URGENT intervention in the following situation in Greece.
New Information
The Greek Helsinki Monitor (GHM), a member of the OMCT network, has informed the International Secretariat of OMCT that on 22 September 2003, 27 Roma will be on trial before the Misdemeanour Court of Nafplio (the seat of the Prefecture of Argolida), facing penalties of up to three months imprisonment and/or a fine.
According to the information received, 27 Roma, who are living in Glykeia (Municipality of Nea Tiryntha, Prefecture of Argolida), are accused of violating national sanitary provisions regulating living conditions in temporary settlements. These charges do not have adequate grounds for prosecution and have been brought even though the court acquitted the same 27 Roma of the same charges in 1999.
These new charges indict the five men and 22 women for having intentionally violated the Minister of Internal Affairs and Minister of Health’s Decision entitled, “Sanitary Provision for the organized relocation of wandering nomads” (A5/696/25.4–11.5.83), from November 1998 to 17 July 1999. The indictment reportedly specified violations of Article 1 paragraphs 1 and 2 of the Sanitary Provision, which prohibit the “unchecked, without permit, encampment of wandering nomads (athinganoi, etc.)” but authorizes the temporary encampment “provided that there is a prior relevant decision of the Prefect and a permit.”
The GHM and SOKADRE (Coordinated Organizations and Communities for Roma Human Rights in Greece) are currently supporting the Roma. GHM’s legal counsel will represent the Roma during the trial, the European Roma Rights Centre (ERRC) providing the necessary funds.
Brief Reminder of the Situation
According to the information received, the Prefecture Council of Argolida settled the Roma in Glykeia in 1986, where they have been living since then. As it is the Prefecture that settled the Roma in Glykeia, their settlement complies with the cited sections of the Sanitary Provision that allow encampments with “a prior relevant decision of the Prefect,” thus, rendering the present charges groundless.
The Roma settlement in Glykeia is adjacent to the Open Air Prison Facility of Tiryntha, and it was the Chief Warden of the prison who reportedly formally sought prosecution by sending a letter (document Ref. No. 6787/27-11-1998) to the Prosecutor. The dates of November 1998 and 17 June 1999 cited in the indictment coincide with the period from the date of the Chief Warden’s letter to Prosecutor’s office until the Police Station of Nafplio—without any investigation— reported the names of the 27 Roma to the Prosecutor’s office. The 27 Roma involved in the pending trial were reportedly tried and acquitted on the same charges on 21 June 1999, the same month the current indictment was filed.
Human rights, international law, and treaty violations
The pending trial and the criminal charges against the 27 Roma contravene, inter alia, the inhabitants’ right to adequate housing and due process. The Greek authorities especially violate those citizens’ entitlements to security of tenure, access to public and environmental goods and services, information, freedom from dispossession, an appropriate housing location, participation, compensation, and physical security. All are elements to the right to the human right to adequate housing are enshrined in international law. Specifically, the authorities have breached their treaty obligations under articles 1, 2, 4, 11, 12, and 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which Greece acceded to on 16 August 1985. The State has been derelict in its obligations as elaborated in the UN Committee on Economic, Social and Cultural Rights General Comments Nos. 4 and 7 on the human right to adequate housing, and in General Comment No. 15 on the right to water. Greece has also breached articles 1, 5 and 6 of the International Convention on the Elimination of all Forms of Racial Discrimination (CERD), which it ratified on 18 July 1970.
The current indictment also violates domestic penal procedure provisions. For example, no investigation was undertaken to confirm that the 27 Roma currently indicted were living in the settlement during the period referred to above. Moreover, the Prosecutor appears to have merely asked the police to forward him the names of the 27 Roma that had been indicted and acquitted on 21 June 1999. Finally, it should be noted that, even if the Roma were acquitted on 22 September 2003, these duplicative criminal prosecutions would still amount to harassment aimed at forcing the Roma to abandon their settlement by virtue of incurring upon them expenses that they cannot afford.
Action requested
Please write to the authorities in Greece urging them to:
i. guarantee an immediate investigation into the circumstances of the duplicative criminal prosecutions, and dismiss charges that are not warranted;
ii. abstain from initiating criminal proceedings against Roma living in destitute settlements under the Sanitary Provision, at least until the proposals put forward by many municipalities around Greece or the central government concerning the relocation of their Roma communities are materialised;
iii. guarantee the right to adequate housing of the Roma community in Nea Tiryntha: namely, its following elements: security of tenure, access to public and environmental goods and services, freedom from dispossession, right to information and resettlement, as recognised in International Covenant on Economic, Social and Cultural Rights, and elaborated in General Comments Nos. 4 and 7 by the UN Committee on Economic, Social and Cultural Rights, and the International Convention on the Elimination of all Forms of Racial Discrimination, among others;
iv. guarantee the respect of human rights and fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses:
Mr. Constantine Simitis, Prime Minister
Prime Minister’s Office at the Hellenic Parliament
Greek Parliament Bldg.
Constitution Square
Athens, GREECE
Fax: +30 210 724–1776
Email: Mail@primeminister.gr
Mr. George Papandreou, Foreign Minister
Ministry of Foreign Affairs
Athens, GREECE
Fax: +30 210 368–1433
Email: gpap@mfa.gr
Mr. Filippos Petsalnikos, Minister of Justice
Ministry of Justice
Athens, GREECE
Fax: +30 210 748–9231
George Kaminis, Greek Ombudsman
Fax +30 210 728–9643
kaminis@synigoros.gr
Mr. Costas Skandalidis, Minister of Interior
Public Administration and Decentralisation
Fax: +30 210 323–3218
**************
Geneva - Cairo, 18 August 2003
Kindly inform OMCT and HIC-HLRN of any action undertaken, quoting the code of this appeal in your reply to: omct@omct.org and mmignot@hic-mena.org
The joint urgent appeals of OMCT and HIC-HLRN are dedicated to the protection of the human right to adequate housing.
**************
Sample Letter
Date
Prime Minister,
We have been informed by the World Organisation against Torture (OMCT) and Habitat International Coalition-Housing and Land Rights Network (HIC-HLRN) that, on 22 September 2003, 27 Roma will be on trial before the Misdemeanour Court of Nafplio (the seat of the Prefecture of Argolida) and face penalties of up to three months imprisonment and/or a fine.
According to the information received, 27 Roma living in Glykeia (Municipality of Nea Tiryntha, Prefecture of Argolida) are charged with violating national sanitary provisions regulating living conditions in temporary settlements. These new charges indict the five men and 22 women for having intentionally violated the Minister of Internal Affairs and Minister of Health’s Decision entitled, “Sanitary Provision for the organized relocation of wandering nomads” (A5/696/25.4-11.5.83), from November 1998 to 17 July 1999. The indictment reportedly specified violations of Article 1 paragraphs 1 and 2 of the Sanitary Provision, which prohibit the “unchecked, without permit, encampment of wandering nomads (athinganoi, etc.),” but authorizes the temporary encampment “provided that there is a prior relevant decision of the Prefect and a permit.” These charges do not have adequate grounds for prosecution, as the Prefecture Council of Argolida settled the Roma in Glykeia in 1986, where they have been living since then. As it is the Prefecture that settled the Roma in Glykeia, their settlement complies with the cited sections of the Sanitary Provision that allow encampments with “a prior relevant decision of the Prefect”. Moreover, the charges have been brought even though the court acquitted the same 27 Roma of the same charges in 1999.
We urge you to guarantee an immediate investigation into the circumstances of the duplicative criminal prosecutions, and dismiss charges that are not warranted, but also to abstain from initiating criminal proceedings against Roma living in destitute settlements under the Sanitary Provision, at least until the proposals put forward by many municipalities around Greece or the central government concerning the relocation of their Roma communities are materialised. The Greek authorities should also comply with their international obligations and guarantee the right to adequate housing of the Roma community in Nea Tiryntha.
Thanking you in advance for your attention in this matter, we look forward to hearing from you regarding your remedial actions.
[Name]
[Organisation]
CC: