GHM REPORT TO ERRC NO 54: 9/4/1999

FEBRUARY 1999 ACTIVITY REPORT OF THE GHM ROMA OFFICE

In the morning of February 16, 1999 (Tuesday) authorities in the Greek town of Aspropyrgos -some thirty kilometers southwest of Athens- entered the Roma settlement of Nea Zoi, destroyed and set fire to dwellings and property. The first Roma settlers came to Nea Zoi in the early 1990’s. The settlement -which lacks basics like water, electricity supply and a sewage system- has about 100 families. Doctors of the World estimate the total number of inhabitants at about 3,000 people. Some 100-120 Roma were affected by the destruction of the five dwellings during the February 16th operation.

Roma witnesses told GHM representatives that six employees of the Aspropyrgos municipality, approximately twelve local police officers, as well as Deputy Mayor of Aspropyrgos took part in the raid. Upon entering the settlement, the officials told the Roma that five of the barracks must be evacuated so that they could be destroyed. The barracks were then crushed by bulldozers and later set on fire, while the Roma protested peacefully. The Roma were not shown any document authorizing the action. The inhabitants of the destroyed barracks were reportedly not given enough time to remove all of their belongings from their homes. Some of them were not even in the camp at that moment. One woman who was present while her dwelling was destroyed was critically ill. The police watched the proceedings but did not interfere. The Roma present were allegedly told by raiders that the other barracks would also be destroyed because all of them had been built illegally and that the Roma would be evicted from the entire region.

Some Roma stated that they had been warned 10 days ahead of the operation that it was going to take place. Others, however, claimed that a policeman came to their settlement and informed them just a day before the raid. One way or the other, no papers authorizing the raid were shown to the Roma. Even if papers had been shown, they would have meant a little to the predominantly illiterate Roma.

The Aspropyrgos Mayor claimed that many non-Roma residents had signed a paper calling for the Roma to leave the region. It is not certain whether the decision on the raid was taken by the Mayor or by the Municipal Council. Regardless of the way the decision has been taken, it is highly unlikely that it is in the Municipality’s -or anyone’s- authority to burn barracks and to behave in a way that puts defenseless people at serious risk. The information available so far suggests that the operation was carried out according to municipal orders, following individual complaints, rather than according to a court order, hence their doubtful legality.

GHM’s legal advisor stated that during the operation the authorities of Aspropyrgos violated Article 264 of the Penal Code on arson, Article 382, Para 2, Section C on damaging property and Article 190 on provoking uneasiness or terror among citizens. These violations of the law may be prosecuted ex officio, i.e. without charges being brought by the victims. On February 24, 1999 GHM brought a report on the Aspropyrgos raid to the prosecutor.

There is also violation of the law on unlawful duress (Art 330), disturbance of the home (Art 334) and threat (Arts 330 and 333). The municipality can also be prosecuted for having turned off the water taps of the adjacent school -the only source of water for the Roma- three days prior to the burning of the barracks.

Apart from that the operation is a clear violation of Roma’s basic human rights. It is representative of a recurring pattern. Even though the authorities claim that there is no evidence of racial motivation in the case and that the Roma were evicted just because of the illegality of their buildings, this argument does not withstand closer scrutiny. Suggestively, even though all houses in the area -of Roma and non-Roma alike- are illegally built only the Roma ones were destroyed.

During the operation, the Roma present did not break any law. They refrained from any kind of violent behavior, and just complained peacefully. Of course, they had violated the law on trespassing, but they are not given an alternative for settling down.

As to promises on the part of the authorities, the Nea Zoi Roma have had plenty of those. They have previously been promised water supply, a sewage system, a water heater etc; nothing has materialized. In 1996 the government announced a plan for the creation of decent settlements for Roma living in similar conditions. Last year the local authorities urged them to move to a camp in an adjacent municipality, but did not offer them any housing there. Had they agreed to move, the Roma would have had to build themselves new makeshift barracks of the same sort they already inhabited. The Roma refused on grounds that the conditions in the Ano Liosia camp to which they were supposed to move -adjacent to a garbage dump- were worse than in their present location. In addition, they argued that their children would be too far from the school, which they are now attending.

During the last Municipal Elections just a few months ago both the Mayor and the Prefect of West Attica promised the Roma inhabitants of Nea Zoi that their settlement would be a place with basic living conditions. Specifically, they promised paving, water, a solar heater, and healthy conditions. None of these promises have been kept. The Prefect has reportedly developed a project -and provided money for it- for the creation of a new settlement. Nothing of this kind has been started yet. Moreover, the Roma declare that they never got the compensation promised for last year’s floods, although such compensation has been given to the Roma living in adjacent municipalities.

When asked, the Mayor says that the municipality of Aspropyrgos has no available sites for a new Roma settlement. Mr. Freddy Stamou, advisor to the Prime Minister, told GHM a year ago that indeed the state had found a suitable piece of land but there were bureaucratic delays to the implementation of the settlement.

And last, but not least, it has to be pointed out that this is not the first instance when Roma are being ousted from their settlements. A telling example is the one of the Thessaloniki Roma where the latter were ousted from their 30-year-old settlement and were wandering without shelter for almost two months. Finally they settled down in the riverbed of the Gallikos River, which overflowed in Fall 1998 and endangered their lives. Still, the operation on the Roma camp in Nea Zoi, Aspropyrgos, marked the first time that barracks were burnt to the ground by public authorities for reasons of illegal construction.

On February, 25, MP of Synaspismos, Ms. Stella Alfieri and representatives of Greek Helsinki Monitor, DROM Network for the Social Rights of the Roma, and other NGOs brought charges to the Public Prosecutor against those responsible for the crimes committed during the operation at Nea Zoi. They accuse them of violating articles 293 and 295 of the Penal Code on provocation of common danger, Art. 264 on arson, Art. 382 on damaging property, Art. 190 on provoking uneasiness or terror among citizens, Art. 330 on unlawful duress, Art 330 on illegal violence and Art. 259 on breach of duty. By signing the charge they ask for the exemplary punishment of those responsible so as to avoid the recurrence of similar attitudes in the future.

Later on the same day, GHM received information that the Roma had been threatened once again and that a new operation against them would take place in the next morning. GHM, MP Ms. Alfieri and others issued a common press release stating that they would be present at the settlement in order to stand by the Roma and prevent their violent persecution. Doctors of the World announced that they would at the settlement next morning to operate medical exams and vaccinations.

In the morning of February, 26, the representative of GHM, Dimitris Angelidis and MP Ms. Stella Alfieri visited the settlement and listened to the complaints of the Roma. In the evening, they met Aspropyrgos Mayor, Mr. Antonis Liakos, and discussed the case of the raid against the Roma. Mr. Liakos accepted that there will be no more violence (in any sense) against the Roma and that the Municipality of Aspropyrgos will cooperate with the non-governmental organizations in working out a peaceful solution to the housing problem of the Roma in the region.

GREEK HELSINKI MONITOR
(Greek National Committee of the International Helsinki Federation)
& MINORITY RIGHTS GROUP - GREECE
(Greek Affiliate of Minority Rights Group International)
P.O. Box 51393, GR-14510 Kifisia, Greece
Tel. 30-1-620.01.20; Fax: 30-1-807.57.67; E-mail: office@greekhelsinki.gr  

PRESS RELEASE

18/2/1999

TOPIC: ROMA HOMES SACKED BY POLICE AND MUNICIPAL AUTHORITIES

The cooperating non-governmental organizations Greek Helsinki Monitor & Minority Rights-Greece denounce to the Greek and the international public opinion the bluntly racist, illegal and brutal operation of state authorities in the Roma camp in Nea Zoi, Aspropyrgos, last Tuesday morning (16/2/1999). Employees of the Municipality of Aspropyrgos raided the camp, tore down eight barracks, and, encouraged by bystanding policemen and the Deputy Mayor of Aspropyrgos, burnt them, lest Roma build them again! When the few Roma present at the camp at that moment (most were out to work) protested in despair as they saw their household being destroyed, the Deputy Mayor, policemen and municipal employees responded with laughs and sarcasms. After putting the fire out, they left threatening that they will return soon. Late in the evening, a young Rom tripped and fell in the ashes with a light burn as a result.

This unprecedented terrorist arson operation by state authorities is the most recent of a series of racial attacks by the Municipality of Aspropyrgos aiming at the forceful eviction of the Roma from the area. Already, during the previous weekend, the Municipality carried out its previous threat and turned off the water tab in the primary school adjacent to the Roma camp (a school many Roma youngsters attend), the only possible source of running water for the camp community. Never mind the pre-election (October 1998) promises of the Prefect of West Attica that, if elected, he will see to it that the camp has the minimal decent living conditions.

The unequivocally criminal act of last Tuesday, carried out by state agents, whose mission is supposed to be the prevention of such actions and the protection of law abiding citizens, has created a major legal, social and moral issue. It is necessary to react to such phenomena so as to avoid their repetition. Along with other NGOs or concerned organizations, we will follow closely the developments. We have already informed the European Roma Rights Center and competent European and International Institutions. We are also preparing the filing of charges and related legal reports to the Public Prosecutor’s Office. We will finally take all necessary action to help prevent that the brutal and racist agents of the apparently indifferent state put ever again the dignity, the property and the lives of simple and unprotected citizens at risk.

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

February 12, 1999

His Excellency George A. Papandreou
Alternate Minister of Foreign Affairs
Ministry of Foreign Affairs
Athens, Greece

Dear Mr. Minister:

We are writing to express our concerns over one of the most marginalized and vulnerable groups in Greek society -- Roma, present in Greece since the 14th century. As the Hellenic Republic is the most homogeneous country in the Balkans, it is especially important that the Greek Government renew its commitment to democracy, human rights and tolerance -- central themes emphasized in your address to the Pandeion University Conference on Peace and Development last Fall.

You will recall that a Commission delegation visited Athens early last year and had an opportunity to meet with representatives of Greece’s Roma community to gain a deeper insight into their concerns. Several participants noted your constructive efforts to address the hardships of this segment of society, particularly with respect to education. Despite these efforts, an estimated 80 percent of Greece’s Roma community of 300,000 is illiterate.

We were disturbed to learn through a recent report issued by the European Roma Rights Center that thousands of Roma have reportedly been issued Greek National Identity Cards with the word agrammatos (illiterate) stamped beside the bearer’s photograph. The implications of this degrading practice for the individual are significant given the importance of this document in gaining access to basic government services, securing such items as marriage certificates and voter registration, as well as housing and legal employment. In addition, this policy exposes individual Rom to potential exploitation and unscrupulous practices by local officials and others, contributing to even further marginalization.

Mr. Minister, we urge you to continue to press for the implementation of reforms aimed at improving the conditions faced by the majority of the Roma population in Greece. We further urge you to review current policy governing the issuance of identity cards to Roma with a view to the removal of the needless reference to agrammatos from these documents.

We appreciate your attention to this matter and look forward to hearing from you.

Sincerely,

Steny H. Hoyer, M.C.

Christopher H. Smith, M.C. Ranking Member - House Co-Chairman

Frank R. Lautenberg, U.S.S.

Edward J. Markey, M.C. Ranking Member - Senate Commissioner

Louise McIntosh Slaughter, M.C.

John Edward Porter, M.C. Commissioner

Benjamin L. Cardin, M.C. Commissioner

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

February 19, 1999

His Excellency George A. Papandreou
Minister of Foreign Affairs
Ministry of Foreign Affairs
Athens, Greece

Dear Mr. Minister:

I write to express my grave concern over reports of a brutal operation against an encampment of Roma in Nea Zoi, Aspropyrgos. This attack is not an isolated incident but is part of a pattern of violence directed against the Roma community by police and local officials in the Hellenic Republic. During the raid on the encampment the dwellings of the inhabitants were torn down by the authorities and burned. Local officials in the same region according to reports recently disconnected the water supply to the primary school adjacent to the Roma camp -- a school attended by many Roma children.

Forceful assaults and evictions such as the one that occurred in Nea Zoi must be denounced. I urge a full investigation of the circumstances surrounding this troubling incident and the prosecution of those responsible for this violent act. In addition, I encourage you to consider other concrete steps to deter a repetition of such incidents in Aspropyrgos and elsewhere in the Hellenic Republic.

Sincerely,

//signed//

Christopher H. Smith, M.C. Co-Chairman

HUMAN RIGHTS WATCH

February 23,1999

Mr. Evangelos Yiannopoulos
Minister of Justice
Greek Ministry of Justice
96 Messogeion Athens,
Greece 11527

Dear Mr. Yiannopoulos,

I am writing to condemn the brutal, racially motivated attack by municipal authorities on a Roma camp in Nea Zoi, Aspropygros. As you may know, Human Rights Watch is a privately funded international non-governmental organization, dedicated to investigating human rights conditions and advocating policies to address abuses throughout the world. Since 1993, Human Rights Watch has enjoyed consultative status with the United Nations Economic and Social Council.

According to reports received by Human Rights Watch, on the morning of February 16, 1999 employees of the municipality of Aspropygros demolished and burned eight buildings that were home to several Roma families. Local police and the Deputy Mayor, who were present at the raid, reportedly encouraged the employees’ actions and dismissed the protests of the Roma witnesses. A young child was burned when he fell into the smoldering ashes later that day.

These actions violate the rights of citizens of Greece to be free from inhuman and degrading treatment, to respect for their home and family life, and to be free from racial discrimination, all of which are protected by the International Covenant on Civil and Political Rights and the European Convention on Human Rights, to which Greece is a party. Further, the actions violate residents’ rights to adequate housing, which include the right to be free from forced eviction, protected by the International Covenant on Economic, Social and Cultural Rights, to which Greece has been a party since 1985.

The incident on February 16, 1999 is the latest in a series of attempts forcibly to evict the Roma residents of Nea Zoi. Recently municipal authorities turned off the only source of running water to the camp, located in an adjacent public school. Similar efforts to evict Roma by force have occurred in recent years in other regions of Greece. Most notably, Roma have been forcibly evicted from Salonica and have temporarily resettled on the banks of the river Gallikos, where they face the continued threat of an overflow which would destroy their settlement.

Human Rights Watch is dismayed by the repeated incidents of municipal authorities attempting to expel Roma from their jurisdiction, and are particularly concerned that this pattern of abuse has not received an adequate response from the Greek government. Human Rights Watch is also dismayed by the failure of local and national Greek authorities to find adequate, alternative housing for the Roma displaced by these forced evictions despite repeated promises to remedy the Roma’s lack of adequate, legal residence. Human Rights Watch urges the government of Greece to conduct a full and impartial investigation into the actions of the municipal authorities of Aspropygros, and to hold those responsible for violating the law and the human rights of the residents of Nea Zoi accountable for their actions before an impartial public tribunal. Further, Human Rights Watch calls on the Greek government and the municipality of Aspropygros to take all necessary steps to ensure the security and equal treatment of the residents of Nea Zoi. Finally, Human Rights Watch calls on the municipality of Aspropygros to compensate adequately the victims of the raid for the loss of their homes, possessions and other injuries suffered as a result of the violent destruction of the camp.

Thank you for your consideration of the concerns outlined above. I look forward to your reply.

Sincerely,

Holly Cartner
Executive Director Europe and Central Asia Division

HUMAN RIGHTS WATCH

February 23, 1999

Panayote Dimopolous
Prosecutor Supreme Court of Greece
c/o Embassy of Greece Washington, DC

Dear Mr. Dimopolous,

I am writing to condemn the brutal, racially motivated attack by municipal authorities on a Roma camp in Nea Zoi, Aspropygros. As you may know, Human Rights Watch is a privately funded international non-governmental organization, dedicated to investigating human rights conditions and advocating policies to address abuses throughout the world. Since 1993, Human Rights Watch has enjoyed consultative status with the United Nations Economic and Social Council.

According to reports received by Human Rights Watch, on the morning of February 16, 1999 employees of the municipality of Aspropygros demolished and burned eight buildings that were home to several Roma families. Local police and the Deputy Mayor, who were present at the raid, reportedly encouraged the employees’ actions and dismissed the protests of the Roma witnesses. A young child was burned when he fell into the smouldering ashes later that day.

These actions violate the rights of citizens of Greece to be free from inhuman and degrading treatment, to respect for their home and family life, and to be free from racial discrimination, all of which are protected by the International Covenant on Civil and Political Rights and the European Convention on Human Rights, to which Greece is a party. Further, the actions violate residents’ rights to adequate housing, which include the right to be free from forced eviction, protected by the International Covenant on Economic, Social and Cultural Rights, to which Greece has been a party since 1985.

The incident on February 16, 1999 is the latest in a series of attempts forcibly to evict the Roma residents of Nea Zoi. Recently municipal authorities turned off the only source of running water to the camp, located in an adjacent public school. Similar efforts to evict Roma by force have occurred in recent years in other regions of Greece. Most notably, Roma have been forcibly evicted from Salonica and have temporarily resettled on the banks of the river Gallikos, where they face the continued threat of an overflow which would destroy their settlement.

Human Rights Watch is dismayed by the repeated incidents of municipal authorities attempting to expel Roma from their jurisdiction, and are particularly concerned that this pattern of abuse has not received an adequate response from the Greek government.

Human Rights Watch is also dismayed by the failure of local and national Greek authorities to find adequate, alternative housing for the Roma displaced by these forced evictions despite repeated promises to remedy the Roma’s lack of adequate, legal residence.

Human Rights Watch urges the government of Greece to conduct a full and impartial investigation into the actions of the municipal authorities of Aspropygros, and to hold those responsible for violating the law and the human rights of the residents of Nea Zoi accountable for their actions before an impartial public tribunal. Further, Human Rights Watch calls on the Greek government and the municipality of Aspropygros to take all necessary steps to ensure the security and equal treatment of the residents of Nea Zoi. Finally, Human Rights Watch calls on the municipality of Aspropygros to compensate adequately the victims of the raid for the loss of their homes, possessions and other injuries suffered as a result of the violent destruction of the camp.

Thank you for your consideration of the concerns outlined above. I look forward to your reply.

Sincerely,

Holly Cartner
Executive Director Europe and Central Asia Division

INTERNATIONAL HELSINKI FEDERATION FOR HUMAN RIGHTS

Rummelhardtg. 2/18, A-1090
Vienna, AUSTRIA
Tel. +43-1-402 73 87, 408 88 22
Fax +43-1-408 74 44

Open Letter to Greek Foreign Minister

HE George Papandreou
Minister of Foreign Affairs

c/o Embassy of Greece in Vienna
Argentinierstraße 14
A-1040 Vienna

Vienna, 25 February 1999

Dear Minister,

First, both personally and on behalf of the International Helsinki Federation for Human Rights (IHF), allow me to congratulate you on having assumed the function of Minister. We have always appreciated your knowledge and sensitivity on human rights issues, and are hoping that you will now be in an even better position to help solve some of the pending human rights problems of Greece.

Regretfully, I must address two urgent matters that are of particular concern and of major symbolic value as they affect a section of the population, the Roma, who cannot even be considered as affecting the country’s foreign policy concerns.

In our estimation, all state delegations to the OSCE as well as NGOs were impressed, in the November 1998 OSCE Implementation Review Meeting, by the Greek delegation’s response to Minority Rights Group - Greece’s presentation of the plight of the Roma in Greece. It has been rare in such meetings that any official delegate would take such a brave and honest position in stating:

«in all honesty I cannot, and will not attempt to, justify the unjustifiable.(...) we do recognize that the situation of the Roma in Greece is still far from satisfactory. It is indeed unacceptable. And in our efforts to remedy the situation we have a long way to go. The Greek Government has repeatedly expressed its will to take all appropriate measures to improve the state of Roma and bring their standard of living at the same level as that of other Greek citizens. What has been hindering the efforts by the central Government is the persistent mentality of prejudice at the level of local administration and some members of the police. Of particular concern, and of course more difficult to control by the central Government, are some elected local authorities.»

Unfortunately, developments since then indicate that local authorities and members of the police continue to defy legislation and government policy. It is of utmost urgency that the Greek government act swiftly on three specific issues to confirm the will declared in the OSCE meeting.

First, the Public Prosecutor’s office in Mesolonghi brought charges against three policemen for their treatment of two teenage Roma, Lazaros Bekos and Vasilis Koutropoulos, in May 1998. The three policemen, Apostolos Tsikrikas, Haralambos Kominatos, and Vissarionas Skoutas are accused of violating article 137A on «torture and other offenses against human dignity.» Nevertheless, they remain in place rather than been suspended or at least transferred, exerting continuous pressure on the Roma and their families to change their statement. The Ministry of Public Order, though repeatedly warned by Greek Helsinki Monitor has not even completed the Internal Sworn Investigation (EDE). A swift disciplinary transfer or suspension of the three is necessary.

Secondly, we know you have been informed by Greek Helsinki Monitor about the indecent and dangerous living conditions of the country’s largest Roma community on the bank of the Gallikos River near Salonica. Months have gone by since and once again the local authorities delay their transfer, first promised in June 1997, to the Gonos former barracks. At this moment there is the possibility of immediate transfer in one section while in the other infrastructure work is being carried out. On the other hand, one more difficult winter day can cause fatalities in that community. We request that you see to it this temporary transfer is being carried out in the next few weeks.

Finally, and most alarmingly, municipal employees burnt down the homes and personal belongings of Roma families in Nea Zoe Asporpyrgos last Tuesday 16 February 1999, in an effort to expel them from a field. The effort is of questionable legality while this community, savagely attacked three years ago, in an incident that embarrassed Greece internationally, is still awaiting their being moved to a permanent settlement they and Greek NGOs have been promised time and time again. It is imperative that the local authorities do not repeat, as they threatened, such acts and that the ambitious plan announced in mid-1996 be finally, decisively and efficiently carried out.

We trust that, amidst all difficult issues you have to handle from your new position, you will see to it that swift action be taken on these issues which will send the message that Greece does indeed intend to honor her international commitments and keep the promises your delegation made in the OSCE meeting.

Many thanks for your consideration.

Sincerely,

Aaron Rhodes

BY Hand:

PS: I hope to see you again before long.

ERRC Protests Government Destruction of Romani Dwellings in Greece

March 1, 1999

On February 16, 1999, municipal authorities of the town of Aspropyrgos, Greece, razed five Roma barracks in a local camp and destroyed other property belonging to Roma living there. The European Roma Rights Center (ERRC) and the Greek Helsinki Monitor have interviewed victims; the ERRC has written to the Prosecutor of the Supreme Court urging for a prompt investigation. The ERRC expresses its solidarity with the Romani victims and protests against such degrading treatment.

According to information made available to the ERRC, on February 16, 1999, authorities in the Greek town of Aspropyrgos, approximately thirty kilometres southwest of Athens, entered the Romani settlement of Nea Zoi and destroyed dwellings and property. The camp has about 100 inhabitants; basics such as water and electricity supply, or a sewer system, do not exist. According to reports, six employees of the Aspropyrgos municipality, approximately twelve local police officers, as well as Deputy Mayor Mr Constantinos Tsiggos took part in the raid. Upon entering the settlement, the officials told the Roma that five of the barracks must be evacuated so that they could be destroyed. The barracks were then crushed by bulldozers and the remaining debris set on fire, while the Roma protested. The Roma were not shown any document authorising the action. The inhabitants of the destroyed barracks were reportedly not given enough time to remove all of their belongings from their homes. The inhabitants of some of the barracks were not in the camp at that moment. One woman who was present while her dwelling was destroyed was critically ill. The police watched the proceedings but did not interfere. The Roma present were allegedly told by raiders that the other barracks would also be destroyed and that the Roma would be evicted from the entire region.

The Roma of the Nea Zoi camp have previously been promised water supply, a sewer system, a water heater etc; nothing has materialised. In 1996 the government announced a plan for the creation of decent settlements for Roma living in similar conditions. Last year the local authorities urged them to move to a camp in an adjacent municipality, but did not offer them any housing there. Had they agreed to move, the Roma would have had to build themselves new makeshift barracks of the same sort they already inhabited. The Roma refused on grounds that the conditions in the camp to which they were supposed to move (placed next to a dump) were worse than in their present location. In addition, they argued that their children would be too far from the school which they are now attending.

Instead of having their conditions improved, the Roma of Aspropyrgos camp are having their dwellings destroyed in order to evict them. Property belonging to them has been destroyed by public servants.