Report

GHM REPORT TO ERRC NO 43: 26/9/1998

AUGUST 1998 ACTIVITY REPORT

OF THE GHM ROMA OFFICE

We are assembling here all the relevant material for the two police violence against Roma cases GHM’s Roma Office has closely followed as test cases. It was also the office’s almost exclusive activity in August 1998.

THE ANGELOS CELAL CASE

3/5/98: During their expedition to Roma settlements around Greece, members of the Greek Helsinki Monitor (GHM), Minority Rights Group - Greece (MRG-G) and the European Roma Rights Center (ERRC) encountered numerous cases of serious police violence against Roma. More specifically, the GHM & MRG-G members went to New Halkidona to check the allegations that a month ago (on 1/4/98) Angelos Celal, a 28-year-old Roma, had been killed by policemen in the area of Partheni (in the district of Thessaloniki). In New Halkidona we met the wife, the father-in-law (Mr. Sierif) and other relatives of the deceased. They told us the whole story describing the way A. Celal had been shot dead by the police. Reportedly, he was out with two friends of his - V. Rassimoglou and H. Fragoulis. A. Celal took a car and drove towards the countryside. They had hashish with them - three cigarettes which they wanted to smoke. At some point they came close to a barn. They decided to stop there and smoke their cigarettes. There were some policemen, hiding in the barn and waiting in ambush for the driver of a stolen car which was parked nearby. These policemen opened fire at the three Roma friends, who, in a state of panic, went back to their car to escape police control. A. Celal was the driver. The policemen did not stop shooting at them. One bullet went into Celal’s back and a second one - in his head. The rear window of the car was broken and two more bullets were shot at the car. After Celal was shot, H. Fragoulis took over driving the car back to New Halkidona. None of them knew that policemen had been surveying the area, none of them had a gun with them. Celal’s body was taken first to the hospital of Yannitsa and then to the AHEPA hospital of Thessaloniki. Few days after the incident, Celal’s father, Panayote, went to the Prosecutor and pressed charges against the police (6/4/98).

8/6/1998: In Veria, the GHM & MRG-G members contacted Mr. Vlahopoulos, counselor of A. Celal’s father-in-law, in order to get more information about the incident.

22/7/98: GHM & MRG-G Spokesperson, Panayote E. Dimitras, and Nafsika Papanikolatos went to Veria where they had a meeting with lawyer Mr. D. Vlahopoulos. The latter briefed them on the Celal case. The official position of the policemen, involved in the death of A. Celal, was that the three Roma attacked them after having stolen a car. According to Panayote Celal (father of the victim) the car was not stolen. It was the car of Celal’s brother-in-law. The GHM & MRG-G members were also told that father Celal was wondering on what basis the two friends of his son were set free, since, according to the police, they were suspected accomplices of his son. Mr. Vlahopoulos gave the two organizations the text of the charges filed by P. Celal.

27/7/98: In an open letter to the Greek Minister of Public Order, the two NGOs asked for an immediate administrative examination of the circumstances under which A. Celal had been shot dead by the police. The letter asked for a severe punishment of the people responsible for this death. The two organizations also expressed their bewilderment at the complete absence of a forensic doctor’s opinion regarding the case. According to the law, such opinion is obligatory for any incident of death that takes place in public.

14/8/98: On behalf of the Ministry of Public Order, major general, Mr. George Tsoukakis, replied to the GHM & MRG-G open letter of 27/7/98. An administrative examination had been ordered for the establishing of the circumstances of the death of A. Celal and for the attribution of possible responsibilities to the police officers who had been involved in the case. The Special Branch of State Security Police of Thessaloniki had asked for a post-mortem examination of the body, carried by the forensic doctor on duty, Mr. D. Psaroulis (2/4/1998). The Prosecutor’s Office pressed charges against three police officers: sergeant Papadopoulos Seraphim and policemen Hatzidimitriou Stavros and Yakoumakis Eleftherios. The latter had been accused of: manslaughter, attempted murder, illegal carrying of weapons, illegal use of weapons, attempted bodily injury and damage of people’s property. The Ministry stressed its readiness to pronounce its decision related to the further prosecution of the officers, as soon as the administrative examination is over and after taking into consideration the Public Prosecutor’s decision.

(The 14/8/98 official reply of the Ministry of Public Order was received by the GHM & MRG-G by post, just few days after the two organizations had sent the open letter to the Minister, Mr. Romeos, on August 20).

20/8/98: In a letter to Mr. George Romeos, the GHM & MRG-G expressed their strong condemnation of the inertia shown by the Ministry in regard to the case of A. Celal. The organizations stated that there had not been any investigation, nor even an order for a forensic doctor’s opinion by a legal prosecutor. Moreover, there had not been any official answer to the request for the severe punishment of the policemen responsible for A. Celal’s death after a thorough and prompt administrative examination of the case.

14/9/98: GHM & MRG-G received a copy of the forensic’s report clearly indicating that Celal had received two wounds in the back of which one was fatal, in the head.

Some Greek newspapers like the morning daily Avghi, the evening daily Eleftherotypia, as well as, Agence France Presse (AFP), have repeatedly reported GHM & MRG-G initiatives and actions regarding the Bekos-Kotropoulos case.

The whole material, in English, of the Celal case can be found on the Greek Helsinki Monitor and Minority Rights Group - Greece web site: http://www.greekhelsinki.gr

The GHM & MRG-G have created a special link, in Greek, with cases of police violence against Roma. The Celal case is also included:

http://www.greekhelsinki.gr/greek/pressreleases/roma-violence.html

Following are various documents in English related to the case:

PRESS RELEASE

27/7/1998

Greek NGOs request an inquiry on the murder of a Roma by police

With respect to the suspect conditions surrounding the death of a young Roma, named Angelos Tzelal, 29 years old, on 1 April 1998 in the region of Partheni of Thessaloniki, Greek Helsinki Monitor and Minority Rights Group - Greece, requested, in a letter of 27 July 1998, from the Minister of Public Order that a Sworn Administrative Inquiry (EDE) be carried out to establish the actual responsibility of the officers from the Police Station of Nea Chalkidona, who are said to have been involved in the shooting which ended up in the killing of the young Roma.

According to the family their son together with two of his friends was smoking hashish and, when they saw the policemen, ran away with their car being pursued by the police. The young man’s father, Mr. Panayote Tzelal, in the charges he brought against the Police, argued that none of the young men involved carried a gun. He states that his son was shot twice, once in his head and once in his back, which, if proven true, shows that the policemen could not claim that they were in "legitimate defense". Following this our organizations consider that there are strong implications that the policemen involved undertook an illegal action against the victim, a murder.

The NGOs requested that the inquiry also examines why the police did not request at the time a forensic’s examination, as is established by law in cases of incidents leading to a death in a public place. In fact this is a procedure required also by case law of the European Court of Human Rights. Therefore, they consider necessary the exhumation of the body of Angelos Tzelal in order to establish the exact circumstances of his death and bring charges against policemen involved.

Greek Helsinki Monitor and Minority Rights Group - Greece have frequently denounced the attitude of the Greek police towards the Roma living in this country, which reveals strong racist tendencies towards this group. Last May they requested another internal inquiry in the police station of Mesolongi after alleged police violence against two young Roma. By mid-July, the inquiry has yet to be concluded, while the two Roma are pressured by police to withdraw the charges brought against the officers involved.

OPEN LETTER TO THE MINISTER OF PUBLIC ORDER

ON THE RESPONSIBILITY OF POLICEMEN FOR THE DEATH

OF A ROMA (ROMA) AND FOR ITS COVER UP

To the Minister of Public Order

Mr. George Romeos

Athens, 27/7/1998

Mr. Minister,

Starting with the conditions surrounding the death of the young Roma (Roma) Angelos Celal, which occurred on April 1, 1998, in Partheni Thessaloniki, and was caused by the cold-blooded shots of policemen chasing the car on board of which were the victim together with two friends of his, Vasilis Rasimoglou and Haris Frangoulis, we ask you to immediately order a Sworn Administrative Inquiry which will diagnose the eventual responsibilities of the policemen of the Police Station of Nea Halkidona.

Our organizations investigated the matter two months ago and a few days ago we received the complaint filed by the father of the victim. We heard statements that the young passengers of the car were not carrying guns and that Angelos Celal was shot with two bullets in the back (concretely in the head and in the spine) as proven by the broken back window of the car: notably if the last piece of evidence is verified, then the policemen are not allowed to claim «legitimate defense» even if they were under fire. After that, our organizations express well-founded suspicions that an illegal act has been committed against the victim, most specifically the act of homicide. All the more so, our organizations would like to remind you that already Panayotis Celal, father of the victim, has filed a complaint before the Public Prosecutor of Thessaloniki. The text of the complaint, as well as the statements of the relatives of the victim are herein enclosed.

Moreover, on the basis of the above information, it would be worthwhile, in the framework of the disciplinary inquiry, to additionally examine why the Police did not order at the time a forensic examination, as the legislation explicitly demands in the case of every death-provoking event occurring in public. Is it perhaps because the Police have covered up a possible homicide? Besides, relevant to this issue, there are already standing legal precedents of the European Court of Human Rights. Therefore, we estimate that, now, the exhumation of the corpse of Angelos Celal is necessary, so that the exact conditions of his death may be established through a forensic examination, and then responsibilities may be attributed accordingly to the offenders.

Finally, we would like to point out that the seriousness of this case, as it concerns the loss of a human life caused by an act of a state agents, demands instant decisions on your part. We also consider that the sworn administrative inquiry should be assigned to a public prosecutor, as, apart from the possible homicide, there are responsibilities on the part of police officials who until this day have covered up the case, perhaps thus clearing the policemen who maybe have committed this criminal act.

On the occasion, we point out to you the repeated accusations made by Roma as regards the systematic humiliating and violent police checks and we ask you to instruct policemen to strictly obey the relevant regulations and respect all the individuals they check, independent of their nationality or the cultural group to which they belong.

Please inform us the sooner possible on any advances.

With regards

Panayote Dimitras

Spokesperson

TEXT OF THE COMPLAINT

FILED BY

Panayotis Celal of Vasilios

resident of Lipohori, Skydra

Pella Prefecture

AGAINST

the policemen of the Police Station of

Halkidona and against any other

perpetrator or accomplice

Thessaloniki April 6, 1998

To the Public Prosecutor of Thessaloniki

THESSALONIKI

I am the father of Angelos Celal of Panayotis, resident of N. Halkidona, Thessaloniki, who, on April 1, 1998, in Partheni Thessaloniki was cold-bloodedly shot by policemen unknown to me and was assassinated with the absurd excuse that he allegedly together with two friends of him (Vasilios Rasimoglou and Haris Frangoulis) after stealing a car attacked the policemen and opened fire against them, and that the policemen returned the fire and killed my son, aged 29, married, father of a child, aged 1. I accuse the policemen because they cold-bloodedly shot my son and two of the many bullets they fired hit him at the head and the spine. It is not true that the friends of my son or he himself opened fire because they did not carry guns and the shots which the policemen fired, instead of hitting at least the tires of the car, were aimed at assassinating my son. It is enough to stress, as I was informed, that the shots were fired on the part of the policemen from a distance of 5-8 meters.

The area was isolated and if, as reported, the policemen’s aim was to arrest them - and as I shall prove, his friends came out of the car in order to urinate, u n a r m e d - instead of cold-bloodedly arresting the two persons who came out of the car and my son who was inside the car, the cold-bloodedly s h o t my son and murdered him.

One wonders why they did not arrest the two other friends of my son who left, one on foot and the other driving a car with a broken tire, if as reported (at least this was the information) my son and his two friends opened fire in order to kill the policemen. This excuse is a joke and I state that they met Vasilios Rasimoglou after a while in Halkidona and asked him «Wasn’t it you whom we wounded or killed?».

As I do not have any other evidence but only the inquiry which will be carried out by your department, the autopsy and the re-enactment of the conditions, in combination with the location of the allegedly stolen car belonging to the brother-in-law of my son, Prodromos Asimoglou, and of the guns the friends of my son and my son were allegedly carrying and used etc.

It is a pity, Mr. Public Prosecutor, for policemen to have shot a young man, because he had been accused in the past for petty-thefts. It is necessary, you who represent the Law, to find out the truth, otherwise I and my relatives will be left with the complaint that my son was not considered worth living because he was a Roma.

As witnesses, apart from those which the inquiry will call, I propose:

Vasilios Rasimoglou of Hristos, residents of Halkidona (shanty-town)

Haris Frangoulis of Vaios, resident of Halkidona.

Prodromos Asimoglou, resident of Dendropotamos, Kolokotroni 50 and

Vasilios Serif of Ioannis, resident of N. Halkidona.

I state that I shall be present as a plaintiff.

With regards

The plaintiff

EXTRACT FROM THE REPORT OF THE GREEK HELSINKI MONITOR ON THEIR TOUR AROUND THE ROMA SETTLEMENTS IN GREECE

MAY 3. The Greek Helsinki Monitor and the European Roma Rights Center, during our tour around the Roma settlements in the first ten days of May, we heard about the death of the Roma Angelos Celal, who was shot by policemen a month ago and so we went to Nea Halkidona to get more information. There we met Vasilis Serif father-in-law of Angelos Celal and his daughter Anastasia, wife of Angelos Celal. Vasilis Serif spoke to us about the case:

«On April 1, 1998, at 8 o’ clock p.m., three persons, Angelos Celal, Vasilis Rasimoglou and Haris Frangoulis, residents of Nea Halkidona, all three relatives, took the car and left towards the marsh nearby the fields. They wanted to go to Parthenio. The guys had hashish with them and they wanted to smoke it. They went near a warehouse by the marsh, they drove past it and then decided to stop and smoke a cigarette (they had hashish for three cigarettes). They opened the hashish on the hood of the car to prepare the cigarettes. The policemen were hiding inside the warehouse and were following a stolen car, unknown to the guys. There, a policeman opened fire and the guys got in the car trying to leave. Angelos was driving. The policemen kept on shooting. One bullet hit him at the back and the other at the head. The back window of the car was broken and two more bullets hit the metal body of the car. Haris pushed Angelos, who had been hit, away from the wheel and took the car and drove it to the settlement where he told me «they killed your son-in-law». Angelos was dead. He was 28 years old and left an orphan behind, a little child aged 1. We took him to the Yannitsa Hospital and from there he was transferred to the AHEPA Hospital of Thessaloniki. We issued a certificate and buried him near Yannitsa. His father Panayotis Celal has the death certificate; he went to the Public Prosecutor and filed a complaint. The other two guys are hiding. Haris is accused of opening fire. The guys did not carry guns.».

Apart from this statement, M. Celal has told us that policemen stop the Roma on the road as they drive to reach their works, oblige them to get off the car, press them down with the feet on their back to keep them lying on the ground and stick the gun on their temple in order to search them. They also do this to women and children. He himself has experienced this treatment 10 times in a month. Similar descriptions of police controls were made by tens of Roma in most of the 30 settlements we have visited all over Greece.

Gypsy rights body slams Greek treatment of Romanies

Tue 12 May 98 - 10:25 GMT

ATHENS, May 12 (AFP) - A European body for Gypsies’ rights on Tuesday slammed Greece for treating its Gypsies in an inhuman and degrading manner, particularly regarding their education.

Dimitrina Petrova, director of the European Center for Romany Rights, told AFP at the end of a 10-day mission to Greece that the gypsies "are not treated and do not live like humans, they exist outside society, their situation is totally unacceptable."

Non-governmental organizations (NGO) estimate that there are over 300,000 Gypsies in Greece, many of whom are itinerant.

Education for Greek Gypsies, of whom 80 percent are illiterate according to local NGOs, is at the root of many of their problems, Petrova noted.

"In this field, Greece is the worst country in East and Central Europe," she said.

Petrova described as "stupefying" the poverty in which many Gypsies exist and the level of police violence to which they are subjected.

"In many regions, it seems routine to badly treat and subject arrested Gypsies to brutality," Petrova said, adding that these incidents were never taken up by the authorities.

Petrova, who is of Bulgarian descent, attacked local authorities which expelled Gypsies or drive them into insalubrious areas. They often refuse to register the Gypsies, depriving them of their civic rights.

Her report, due to be published in three months, will urge the Greek government to improve the status of Romanies in Greece.

The government in 1996 announced an ambitious plan for the social integration of Greek Gypsies. The plan, which was to implement schooling and health programs, has remained a dead letter.

Des ONG grecques demandent une enquete sur la mort d'un Tzigane

Mar 28 Jui 98 - 07h49 GMT

ATHENES, 28 juil (AFP) - Des ONG grecques de defense des droits de l'homme ont reclame l'exhumation, pour autopsie, d'un Tzigane grec, tue selon sa famille de deux balles dans le dos par des policiers, ont-elles indique mardi.

Dans un courrier au ministre grec de l'Ordre public, ces ONG, dont la section grecque de la federation internationale Helsinki, ont egalement demande l'ouverture d'une enquete interne sur cette affaire, occultee selon elles par la police.

Selon sa famille, Angelos Tzelal, 29 ans, a ete tue de deux balles dans le dos par des policiers de Nea Halkidona, pres de Salonique (nord), le 1er avril dernier.

Toujours selon ses proches, qui ont porte plainte, il etait en train de fumer du haschich avec deux amis dans un champ, quand ils ont vu des policiers et ont pris la fuite a bord de leur voiture. Les policiers auraient alors ouvert le feu sur le vehicule, atteignant Angelos Tzelal au dos.

Le corps du defunt a ete rendu a sa famille par ses deux compagnons, qui ont ensuite pris la fuite. Le jeune homme a ete inhume sur un simple certificat de deces delivre par un hopital local, sans autopsie.

Les memes ONG se sont par ailleurs inquietees aupres du ministre de l'absence de resultats d'une enquete interne sur des violences policieres presumees a l'encontre de deux adolescents tziganes, en mai dernier dans un commissariat de Mesolonghi (nord-ouest).

Amnesty international avait interpelle le gouvernement grec sur cette affaire, en reclamant une "enquete impartiale".

Les ONG grecques denoncent regulierement l'attitude de la police envers les Tziganes, confrontes en Grece a de forts prejuges racistes.

Des ONG grecques protestent contre la lenteur des enquetes sur des violences contre des Tziganes

Ven 21 Aoû 98 - 10h25 GMT

ATHENES, 21 aout (AFP) - Des ONG grecques de defense des droits de l'homme ont proteste vendredi contre les lenteurs des enquetes sur la mort d'un Tzigane en avril et des violences policieres presumees contre deux autres en mai.

Dans une lettre adressee au ministre grec de l'Ordre public, Georges Romaios, ces ONG, dont la section grecque de la federation internationale Helsinki, l'accuse de ne pas avoir pris de sanctions contre les responsables policiers de ces affaires et de ne pas avoir ouvert une veritable enquete sur la mort d'Angelos Tzelal pres de Salonique le 1er avril dernier.

"Il semble ainsi que l'Etat ne s'interesse pas a controler les abus de pouvoir de ses agents qui ont abouti a des actions criminelles ne faisant aucun doute", conclut le texte recu vendredi par l'AFP.

Selon la famille d'Angelos Tzelal, 29 ans, ce dernier a ete tue de deux balles dans le dos par des policiers de Nea Halkidona, pres de Salonique. Selon ses proches, qui ont porte plainte, il etait en train de fumer du haschisch avec deux amis dans un champ, quand ils ont vu des policiers et ont pris la fuite a bord de leur voiture. Les policiers auraient alors ouvert le feu sur le vehicule, atteignant Angelos Tzelal au dos.

Les memes ONG s'etaient deja inquietes en juillet dernier aupres de M. Romaios de l'absence de resultats d'une enquete interne sur des violences policieres presumees a l'encontre de deux adolescents tziganes, en mai dernier dans un commissariat de Mesolonghi (nord-ouest).

Amnesty international avait interpelle Athenes sur cette affaire, en reclamant une "enquete impartiale".

Les ONG grecques denoncent regulierement l'attitude de la police envers les Tziganes, confrontes en Grece a de forts prejuges racistes.

THE LAZAROS BEKOS AND ELEFTHERIOS KOTROPOULOS CASE

9/5/98: During their expedition to Roma settlements around Greece, members of the Greek Helsinki Monitor (GHM), Minority Rights Group - Greece (MRG-G) and the European Roma Rights Center (ERRC) encountered numerous cases of serious police violence against Roma. One of them is the case of L. Bekos and E. Kotropoulos (two Roma youngsters, 17 and 18 years old respectively) who had been ill-treated by police officers during their detention at the police station of the town of Messolongi. The two Roma told us their story about the way they had been arrested, questioned and detained by the police. They claimed that during their detention at the police station they were physically abused and threatened by police officers. The latter did not allow them even to call home and let their families know their whereabouts. As the two boys had visible signs of maltreatment on their bodies, we decided to take them to the forensic surgeon of the town of Patras and have them examined thoroughly by him. Mr. O. Peridis, the forensic surgeon who was on duty at the time, confirmed that the two Roma had been beaten up the previous day. More specifically, the doctor diagnosed "medium bodily injuries, inflicted with a broken instrument 24 hours ago." This diagnosis proved in the best and clearest way that the ill-treatment took place during the time of the young people’s detention at the police station of Messolongi.

11/5/98: In an open letter to the Minister of Public Order, the GHM and MRG-G expressed their strong condemnation for the incident and asked the Minister to "get personally involved in this case, so that the respective administrative examination be carried out as soon as possible." The letter also stated that "the persons responsible for this unacceptable cruelty should be relieved from their duties as officers immediately, and then get the punishment they deserve according to the laws." In addition, it was also requested that "all necessary measures be taken, so that neither the two underage Roma, nor the other Roma, be submitted to new blackmailing from the policemen of the area." The open letter included also a GHM & MRG-G report on the incident, the testimonies of the two Roma minors, as well as the forensic doctor’s diagnosis.

9/6/98: In an answer to the GHM & MRG-G open condemnation for the abuse of the two Roma youngsters by police officers in the police station of Messolongi, the Ministry of Public Order announced that the Police Inspector of Western Greece had taken over the administrative examination of the case.

9/6/98: Lawyer Ms. Yanna Kourtovik prepared a complaint against the police station of Messolongi for the beating of the two minors, L. Bekos and L. Kotropoulos, on May 7 and 8, 1998. The complaint was to be filed with the Public Prosecutor’s Office of Messolongi.

19/6/98: Amnesty International issued a press release under the title "Greece: Alleged Ill-treatment of Lazaros Bekos and Lefteris Kotropoulos by Police Officers." The organization expressed its concern for the allegations that the two Roma boys had been subjected to ill-treatment by police officers during interrogation at the Messolongi police station in May 1998. More specifically, Amnesty International called on the Greek authorities "to conduct a prompt, thorough and impartial investigation, to bring to justice those responsible and to ensure that Lazaros Bekos and Lefteris Kotropoulos receive fair and adequate compensation as required by international standards." A separate letter regarding the same case was sent to the Greek government.

1/7/98: The GHM & MRG-G legal advisor, Mr. Theodoridis, went to Messolongi and helped the two Roma victims to file the necessary complaint. Bekos’ father, who also joined them, informed Mr. Theodoridis that the two boys were constantly harassed by the policemen involved in their ill-treatment, so that they drop their charges.

8/7/98: Mr. Theodoridis sent a memo to the Ministry of Public Order on behalf of the GHM & MRG-G. The memo stated that during his stay in the town of Messolongi, the legal advisor had found out that both victims (as well as the father of L. Bekos, Christos), had been threatened in various ways to drop the case. The victims claimed that these threats came from the same police officers accused of their ill-treatment. Mr. Theodoridis was also informed that the two Roma boys and Christos Bekos had been asked to sign a paper stating that they had no intention to press charges against the abusers. The GHM & MRG-G expressed their fear that the whole procedure of the investigation would be blocked if these threats kept going. Keeping this in mind the GHM & MRG-G suggested that a temporary transfer to another region of the police officers involved in the case was absolutely necessary. In this way the investigation procedure would be carried out without any obstacles in the way.

9/7/1998: Mr. Theodoridis contacted police officer Mr. Karaboutis (from the General Directorate of the Police). The latter reassured him that the memo, as well as the request for the temporary transfer of the policemen involved in the case would be taken seriously.

12/7/98: Lieutenant general, Mr. George Plakas, answered to the GHM & MRG-G memo of 8/7/98 on behalf of the Ministry of Public Order. Mr. Plakas assured the GHM & MRG-G that their memo had been forwarded to the police officer in charge of the investigation. He also stated that as soon as the administrative examination finishes, the two organizations would be officially informed of the outcome. Charges would be pressed on all the accused policemen according to the results of this examination.

22/7/98: In an open letter to the Greek Minister of Public Order, the GHM & MRG-G asked for the immediate transfer of the assistant commissioner of the police station of Messolongi, as well as of the police officers involved in the ill-treatment of L. Bekos and E. Kotropoulos. The GHM & MRG-G also requested from the Minister to put in action the law that foresees the undertaking of similar investigations by a Public Prosecutor, as an implicit message to everybody, that the Ministry is willing to ensure the unhindered and impartial investigation of the case.

20/8/98: The GHM & MRG-G addressed a letter to the Greek Minister of Public Order condemning the unacceptable delay of the investigation of the L. Bekos and E. Kotropoulos case. The denunciation was based on the fact that it took the police two months to decide to call two GHM & MRG-G members to testify for the case and an extra month to contact them, in spite of the fact that the police had been given in time all the necessary contacts for the two GHM & MRG-G witnesses and ask for their testimony, which finally took place on 19/8/1998. Apart from the unreasonable prolongation of the investigation, the two organizations condemned also the inertia shown regarding their request for the suspension, or at least, temporary transfer, of the police officers who had been involved in the ill-treatment of the two Roma youngsters.

26-28/8/98: GHM & MRG-G had many contacts with Bekos, Kotropoulos and the police as the two youth with one parent were summonjed by the police for another meeting with the Brigadier General in charge of the inquiry, wihtout nay other explanation. First the meeting was set for Mesolonghi then moved to Patras where the officer’s office is. Finally, we ere told that he wanted to question them on the charges of continuing police harassment following the allegations the NGOs had made. The four people were taken to Mesolonghi and returned the same day, on 28/8 in a police car. Reportedly, under such circumstances, they denied having being harassed by the police after the incident.

Some Greek newspapers like the morning daily Avghi, the evening daily Eleftherotypia, as well as, Agence France Presse (AFP), have repeatedly reported GHM&MRG-G initiatives and actions regarding the Bekos-Kotropoulos case.

The whole material, in English, of the Bekos-Kotropoulos case can be found on the Greek Helsinki Monitor and Minority Rights Group - Greece web site: http://www.greekhelsinki.gr

The GHM&MRG-G have created a special link, in Greek, with cases of police violence against Roma. The Bekos-Kotropoulos case is also included: http://www.greekhelsinki.gr/greek/pressreleases/roma-violence.html

Following are various documents in English related to the case:

OPEN LETTER TO THE MINISTER OF PUBLIC ORDER

INCIDENT OF ILL-TREATMENT

OF UNDERAGE ROMA BY POLICE OFFICERS

To the attention of the Minister of Public Order Georgios Romeos

11/5/98

Dear Mr. Romeos,

Our cooperating organizations would like to bring to your attention two specific cases of ill-treatment of underage Roma during their detention on 8/5/98 by police officers of the Police Department of Mesologgi in Etoloakarnania. In the 9/5/98 opinion of the medical examiner of the town of Patras, Mr. Orfeas Peridis (25 Kolokotroni Street, Patras), the underage persons Lazaros Bekos and Lefteris Kotropoulos (17 and 18 years old, respectively) have "medium bodily injuries inflicted with a broken instrument 24 hours ago." This proves in the clearest way that the ill-treatment took place during the time of the young people’s detention at the Police station of Mesologgi.

During their expedition around Roma settlements all over Greece, members of our organization and representatives of the European Roma Rights Center managed to meet the two Roma victims. The latter claimed - and their claims were supported by the visible bruises on their backs - that upon their arrest, the policemen started hitting their backs with a gun, a globe and a piece of iron, and kicking the front part of their bodies. The underage Roma also stressed the fact that the Deputy Director of Security kept asking them to name the place which a third person used for selling hashish, while threatening them with further beating.

After their refusal to disclose any information, the Roma got numerous kicks by Security plainclothesmen who were shouting "you will die here." On the next morning (9/5/98) the arrested Roma were again beaten and then taken to the District Attorney, who scheduled their trial for next Fall.

One other fact is also worth mentioning. During their stay at the Police station, the two detained persons were not allowed to phone their relatives.

We would also like to mention that during our fact-finding mission all over Greece we managed to gather some thirty oral testimonies concerning similar ill-treatment. Our organizations have undertaken the legal support and the continuing monitoring of the case of the two underage Roma in Mesologgi.

Keeping in mind all the above, we would like to ask you to get personally involved in this case, so that the relative administrative examination be carried out as soon as possible. The persons responsible for this unacceptable cruelty should be relieved from their duties as officers immediately, and then get the punishment they deserve according to the laws. Apart from that, all necessary measures should be taken, so that the two underage Roma and their co-residents would not be submitted to new blackmailing from the policemen of the area.

We also think that clear and detailed instructions about the treatment of Roma should be sent to all Police stations of the country. These should include directions related to street control, as well as to the whole procedure of taking Roma to court.

Finally, our organizations would like to stress that the above incident of arbitrary police behavior happens at the start of Greece’s presidency over the Council of Europe. As could be naturally expected, this event may provoke unfavorable impressions and well-founded criticism internationally.

EXTERNAL AI INDEX NUMBER: EUR 25/39/98

Amnesty International

International Secretariat

1 Easton Street

London WC1X 8DJ

United Kingdom

Tel: (44) (171) 413 5500

Fax: (44) (171) 956 1157

19 June 1998

GREECE: ALLEGED ILL-TREATMENT OF LAZAROS BEKOS AND LEFTERIS KOTROPOULOS BY POLICE OFFICERS

Amnesty International is concerned about allegations that Lazaros Bekos and Lefteris Kotropoulos, two Roma aged 17 and 18 years old respectively, were subjected to ill-treatment by police officers during interrogation at Mesolongi police station on 8 May 1998.

On 8 May 1998 Lazaros Bekos and his friend Lefteris Kotropoulos were stopped in Mesolongi by police officers for attempting to steal ice-creams from a fridge in a kiosk. According to Lazaros Bekos: "I was trying to break the second lock on the fridge, when plainclothes police officers arrived and hit me on the back of the head with the gun. One of them pushed me to the ground and stepped on me."

The two boys were then taken to the police station where they allege they were further ill-treated. Lazaros Bekos said he told one of the police officer who was about to hit him on the head not to do so, as he "[had] problems, but he hit me on the head, stomach and all over my body with a truncheon, then he took an iron bar from under his desk (the one I had used to force the kiosk) and put it under my throat saying he would asphyxiate me if I did not tell the truth." Lazaros Bekos pushed the police officer back and was then allegedly beaten on his back with the iron bar and kicked in the neck.

Both youths were kept in custody overnight and state that they underwent further ill-treatment during their interrogation the following morning. During the interrogation by the station’s deputy-commissioner Lazaros Bekos was asked to provide information on the whereabouts of a drug dealer but, as he refused to speak, he was taken back to his cell. Later he was brought back for interrogation and was allegedly beaten with truncheons and slapped before being returned to his cell. Later, two plainclothes police officers took him again for interrogation to an office where two other police officers were waiting.

According to Lazaros Bekos: "One after the other, they beat me, slapped me, hit me with truncheons on the legs, neck and shoulders. At that moment, the station commander came in. He said: ‘Why are you beating them? One has a problem with his leg [Lefteris Kotropoulos suffers from injury to the meniscus of his right leg] and the other with his head.’ And he left. The other said: ‘You need further beatings’ and one told me: ‘pull your trousers down. If you don’t pull them down, I’ll fuck you. You will die here.’ There were three other [police officers] with him. I said I won’t pull [my trousers] down. He took the button and undid it. I buttoned it back up and then the four of them beat me."

"The station commander walked in and said: ‘Stop it. They’ve had enough.’ And turning towards me he said: ‘You won’t be beaten any more.’" At about 8.30pm on 8 May 1998, before Lazaros Bekos was brought to the prosecutor’s office, a police officer allegedly punched him twice in the stomach. On Saturday the two boys were released. Lefteris Kotropoulos confirmed Lazaros Bekos’ allegations, complained of similar ill-treatment by police officers and added that when he asked to call his mother to reassure her on his whereabouts, he was denied the right to do so by the police officers.

An inquiry into this incident has reportedly been ordered by the Ministry of Public Order. The two boys were examined the following day by a doctor who recorded on the medical certificate a number of which were inflicted with a "broken instrument" about 24 hours before he the victims’ examination. On Lazaros Bekos: "two 10cm parallel ‘double bruises’ on his skin, in deep red (almost black) tone on his left shoulder.. extending to the area of his right shoulder. Pain in the knees, pain in the left side of his head." Lefteris Kotropoulos’ injuries were recorded as: "multiple 12cm parallel ‘double bruises’ on his skin, in deep red (almost black) tone on his left shoulder, including... ecchymosis of about 5cm on the back of the left upper arm, ecchymosis of about 2cm on his left wrist, pain in the left side of his head, in the mesogastric area.. [he suffers] from [injury to] the meniscus of his right leg and shows pain of movement and difficulties in walking."

Amnesty International is calling on the Greek authorities to conduct a prompt, thorough and impartial investigation, to bring to justice those responsible and to ensure that Lazaros Bekos and Lefteris Kotropoulos receive fair and adequate compensation, as required by inter national standards.

The Greek Constitution and national law specifically prohibit the use of ill-treatment or torture.

Article 7, paragraph 2, of the Greek Constitution states that: "[Torture, any bodily maltreatment, impairment of health or the use of psychological violence, as well as any other offense against human dignity, are prohibited and punished as provided by law."

Under Article 137 of the Greek Penal Code, the prescribed penalty, in principle, for someone found guilty of torture is between three years’ to life imprisonment. The penalty is of at least 10 years in the most serious cases and life imprisonment if the victim dies. A prison sentence of three to five years applies in less serious cases. Persons convicted of torture are automatically deprived of their political rights and dismissed from their jobs.

International Standards

Greece ratified the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 1988. In doing so, it expressly undertook to prevent torture taking place within its territory by undertaking to educate and train law enforcement officers, to ensure that its competent authorities proceed to a prompt and impartial investigation of cases where there are reasonable grounds to believe that an act of torture has been committed, to ensure that victims of torture have the right to compensation or, where a death had occurred as a result of an act of torture, that the victim’s dependents are entitled to compensation and that those responsible for the torture are punished by appropriate penalties.

Article 2, Paragraph 1, of this Convention states that: "Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction."

Greece also ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms in November 1974. Article 3 of the Convention states that: "No one shall be subjected to torture or to inhuman or degrading treatment or punishment."

Greece ratified in 1991 the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment which not only prohibits the practice of torture and other cruel, inhuman or degrading treatment or punishment, but also sets up a system of regular inspections of places of detention by the European Committee for the Prevention of Torture. Greece is legally bound to observe the provisions of this treaty.

The information in this case comes from a medical certificate and interviews with the two boys which was carried out by the Greek Helsinki Monitor, a non-governmental organization which collaborates with Amnesty International.