Greece: Ongoing judicial harassment against human rights defender Mr. Panayote Dimitras

CASE GRE 300114
HUMAN RIGHTS DEFENDERS
Judicial harassment

The International Secretariat of the World Organisation Against Torture (OMCT) requests your urgent intervention in the following situation in Greece.

Brief description of the situation:

The International Secretariat of OMCT has been informed by the Greek Helsinki Monitor (GHM), a member of OMCT SOS-Torture network, about the ongoing judicial harassment against Mr. Panayote Dimitras, GHM Spokesperson and a member of OMCT General Assembly.

According to the information received, on January 14, 2014, Mr. Panayote Dimitras received an indictment from the Misdemeanours Prosecutor of Athens, summoning him on February 27, 2014 before the 9^th Chamber of the Three-Members Misdemeanours Court to stand trial on charges of “perjury” (article 224 of the Criminal Code) against and “defamation” (articles 362 and 363 of the Criminal Code) of Mr. Konstantinos Plevris, a member lawyer of the Athens Bar Association.

Mr. Dimitras is accused of having knowingly committed perjury and made a false statement as he was questioned as a witness before the First Chamber of the Five Members Appeals Court of Athens on January 23, 2009, during a hearing of a case against Mr. Konstantinos Plevris, who then stood accused of violating articles 1 paragraphs 1 and 2 of Law 927/1979 “on punishing acts or activities aiming at racial discrimination”[1]. During the hearing, Mr. Dimitras testified that “during the last two months Mr. Plevris ha[d] threatened [his] life”. Yet the indictment accuses Mr. Dimitras of making a false statement that could harm the honour and reputation of Mr. Plevris while knowing that it was untrue.

The International Secretariat of OMCT is concerned that Mr. Panayote Dimitras received this indictment merely one week before the charges become time-barred. Although the events took place in January 2009 and a preliminary investigation took place in February 2010, suddenly charges are pressed and Mr. Dimitras is referred to trial. In addition, as Mr. Dimitras was summoned before the five-year prescription period, which was ending on January 23, 2014, the prescription period is now extended by three years.

OMCT is concerned about these new acts of harassment against Mr. Panayote Dimitras, which seems to merely aim at sanctioning his human rights activities, and in particular his activities against discrimination, anti-Semitism and minority rights in Greece, and calls upon the Greek authorities to ensure that he is able to carry out his legitimate activities without any hindrance and fear of reprisals.

OMCT recalls that this is not the first time that Mr. Panayote Dimitras is facing judicial harassment by Mr. Konstantinos Plevris, who has been referred to trial several times for, among others, violation of [anti-racism] Law 927/79, concurrent aggravated defamation, and false accusation following GHM complaints[2].

Action requested:

Please write to the authorities in Greece, urging them to:

i. Put an end to any kind of harassment - including at the judicial level - against Mr. Panayote Dimitras and more generally against all human rights defenders in Greece;

ii. Ensure in all circumstances that all human rights defenders in Greece are able to carry out their legitimate activities without any hindrance and fear of reprisals;

iii. Conform to the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially:

- its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, as well as

- its Article 12.2, which provides that the State shall “take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of his or her rights”;

iv. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Greece.

Addresses:

·   Mr. Antonis Samaras, Prime Minister, Prime Minister’s Office at the Hellenic Parliament, Greek Parliament Blgd, Constitution Square, Athens, Greece. Fax: + 30 210 3238129, Email: pressoffice@primeminister.gr

·       Mr. Evangelos Venizelos, Minister of Foreign Affairs, Ministry of Foreign Affairs, 1st Vas. Sofias Av. 106 71 Athens, Greece, Fax: +30 210 368 1717, Email: info@mfa.gr

·       Mr. Charalampos Athanassiou, Minister of Justice, Ministry of Justice, Transparency and Human Rights, Mesogeion 96 Av., 11527 Athens, Greece, Fax: +30 2107755835 E-mail: minjust@justice.gr

·   H.E. Ambassador Alexandros Alexandris, Permanent Mission of Greece to the United Nations in Geneva, Rue du Léman 4, 1201 Geneva Switzerland, Fax: +41 22 7322150. Email: missionofgreece@bluewin.ch

·       Permanent Mission of Greece to the European Union, Rue Jacques de Lalaing 19-21, 1404, Brussels, Belgium, Fax: +32 25515651, Email: mea.bruxelles@rp-greece.be

Please also write to the diplomatic representations of Greece in your respective countries.

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Geneva, January 30, 2014

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.