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GREEK HELSINKI
MONITOR
MINORITY RIGHTS GROUP-GREECE
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
web page: http://www.greekhelsinki.gr
REPORT ON GREECE TO THE 1999 OSCE
IMPLEMENTATION MEETING
22 September
1999
Minority rights
Introduction
Greece is the only Southeast
European country that does not recognize the presence of any national minorities on its
territory. Turks are recognized as a mere “religious, Muslim” minority (which
nevertheless is educated in Turkish), while Macedonians are not considered even a
linguistic minority. The words “Turkish” and “Macedonian” have repeatedly led to
the prosecution of their users, with courts handing down prison sentences or banning
minority associations. On 23 April 1999, the Appeals Court of Thrace confirmed a 1986
First Instance Court verdict to dissolve the Turkish Union of Xanthi (founded in 1946)
because “it created confusion on (…) the citizenship of its members whether they are
Muslims with Greek citizenship or Turks in nationality and citizenship (…) and that a
Greek association serves the aims of a foreign state that is the prevalence of Turkish
ideals.”
The Greek constitution gives the
Eastern Orthodox church the status of an official religion, relegating other religions to
a disadvantaged status. Constitutional amendments introduced with a first parliamentary
vote in 1998 did not affect this privileged status of the Eastern Orthodox Church. The
latter offer imposes its choices on the state, as witnessed twice in September 1999. The
Church’s vocal and at times obscurantist opposition led to the cancellation of a visit
the Pope had considered paying to Greece in 2000: the government’s statement that he was
welcome was low key while it never condemned the Church’s intolerant statements. Neither
did it condemn, let alone reverse, the decision of the Bishop of Komotini to suspend a
priest (who is paid by the state) for allowing a collect for Turkey’s quake victims in
his church.
On the Recognition of National
Minorities
On 23 July 1999, a public appeal
was sent to the Speaker of Parliament and to the party leaders for the recognition of the
Macedonian and the Turkish minorities, the unconditional ratification of the Council of
Europe’s Framework Convention for the Protection of National Minorities, and the respect
of minority rights. The appeal was supported by the three Turkish MPs in the Greek
Parliament, by three Macedonian and seven Turkish minority organizations, as well as by
three human rights NGOs, including Greek Helsinki Monitor and Minority Rights
Group-Greece.
Coincidentally, in a 26 July
interview with the monthly magazine Klik, Foreign Minister George Papandreou said:
“No one doubts that there are many Muslims of Turkish origin… If no one contests the
present borders, I couldn’t care less if one calls himself a Muslim or a Turk, a
Bulgarian or a Pomak.” In two subsequent interviews, he defended his statements arguing
that Greece is committed to the respect of the right to self-identification by member of
both minorities.
At the same time, the Ministry of
the Interior leaked to the media plans to radically change the citizenship policy. It
called for allowing immigrants, after some years or residence, to qualify for citizenship,
without excluding those from neighboring countries or of the Muslim faith. Even the
problem of allowing the return of ethnic Macedonian political refugees, who fled as a
result of the civil war in the late 1940s, was to be finally settled.
Greek media, intellectuals and
politicians reacted in a near unanimously hostile manner to the initiatives of the
ministry. With the exception of the leftist daily Avghi, all other 21 Greek
national dailies and most electronic, state and private, media engaged in unscrupulous
misinformation campaigns of personal slander and hate speech against the signatories of
the appeal. It was also reported that the parties summoned all three deputies for
explanations in low level disciplinary actions. The intellectuals’ silence was eloquent.
The prevailing opinion was that “Anyone who feels a Turk should move to Turkey” (Ethnos
24/7) and that “the Greek people is one and indivisible” (To Vima, 30/7).
Foreign Minister Papandreou came under intense fire from political foes and even members
of the ruling PASOK party who asked for his resignation. The government made no effort to
help persuade public opinion on the correctness of the Foreign Minister’s (and the
minority and human rights NGOs’) position, thus leaving the impression that these were
isolated opinions, and vicious attacks against them were tolerated.
Jehovah’s Witnesses
In January 1999 the European
Court of Human Rights struck out of its list the appeal of a Jehovah’s Witness plaintiff
who had been under surveillance by the Greek state, following a settlement between Greece
and the plaintiff (Tsavachidis vs. Greece). Greece, admitting the surveillance,
promised that neither Tsavachidis nor any other member of that church ever be under
surveillance again.
However, Jehovah’s Witnesses
continue to face harassment. They are still summoned to police stations for “identity
checks,” face difficulties in burying their dead in the cemeteries, and in carrying out
legal building works.
On 11 July 1999 Mayor Papayanis
incited the residents of Kassandreia to hold a protest rally to impede the construction of
a house of worship by local Jehovah’s Witnesses. The latter had first obtained the
necessary building permit in 1995 -which the municipality had objected with both lawful
and seditious means– and other necessary permits in 1999. During the July protest the
mob dug a trench around the Jehovah’s Witnesses’ property using the municipality’s
bulldozer and then proceeded to park cars in front of the property to make access
impossible. Under that pressure, the Zoning Office temporary revoked the permit and
construction stopped. It was one more case when the Church’s pressure forced the
government to retract a lawful decision and limit a minority’s right.
On 20-22 August 1999, the
Jehovah’s Witnesses held their annual public meeting in Larisa (Central Greece). Like in
previous years, the Orthodox Church showed its intolerance, this time with an anti-Semitic
dimension. With the bells ringing mourningly, noisy open air liturgies were held opposite
to the meeting place; hostile slogans were chanted; and an Israeli flag was burned. As
usual, there was no official condemnation of these acts of intolerance, while some media
reported the events in a praising way.
Muslims
The Muslims’ most serious
problem remains the choice of the muftis and of the continuous prosecution of one
elected mufti. Currently, there are two muftis in Xanthi and two in Komotini - one
appointed and one elected. The case of a conviction of the elected mufti of Komotini was
heard by the European Court of Human Rights in January 1999.
Mehmet Emin Aga’s prosecution
is a serious case of violation of the human rights of an individual in Greece. He was
elected Mufti of Xanthi in August 1990. In August 1991 the Greek government applied a new
1990 law abolishing the old 1920 one that called for elections of muftis. The government
appointed Emin Sinikoglu as Mufti of Xanthi. Aga has been charged with violation of
Article 175.2 of the Penal Code (pretense of authority) because he had issued 33 messages
to the Muslims on religious holidays, signing them as Mufti of Xanthi. To this day, the
First Instance Courts have convicted him to over 112 months imprisonment (the last
conviction to 12 months on 24 March 1999). Appeal Courts have reduced the sentences to
some 70 months. Aga has spent six months in prison and has bought off the balance, at
considerable financial cost.
The government sometimes argues
misleadingly that nowhere are muftis elected but bases its argument on practices in
countries with Mulsim majorities (and rather undemocratic regimes). It is well known,
however, that, in the two neighboring countries with Orthodox Christina majorities,
Bulgaria and Macedonia, muftis are elected. While, in Belgium, Muslims elected in December
1998 their representatives. Moreover, to the government claims that muftis in Greece also
have judicial responsibilities, the Muslim (in fact Turkish) community answers that it is
ready to see them removed if they are an obstacle to their election.
In March 1999 the Church of
Greece announced a discriminatory monthly financial benefit only for Christian families
with at least three children living in Thrace. Thrace is also home of Greece’s Muslim
population. This was done to combat the supposedly higher birth rate of the Muslims. The
government did not react to this act.
Conscientious Objectors
In January 1998, Law 2510/97 came
into effect. It stipulates that the status of conscientious objector and civilian
alternative service or unarmed military service are available to conscripts who declare
that they oppose the personal use of arms for fundamental reasons of conscience based on
religious, philosophical, ideological or moral convictions (Article 18.1-3). However, some
of the law’s provisions still fall short of international standards, and its application
remains unsatisfactory.
The law provides for a punitive
length of the alternative civilian service (18 months longer than military service in
normal cases, up to 30 months longer in special cases that call for shorter military
service of as little as 6 months, but not for comparable shorter alternative service).
Moreover, the right to perform alternative civilian service may be derogated from in time
of war or public emergency. In addition, alternative civilian service, including the
examination of a candidate’s application for the recognition of his status as
conscientious objector, is under a military rather than a civilian authority.
The application of Law 2510/97
remains unsatisfactory or clearly discriminatory against conscientious objectors.
Applicants are given very little time (about seven days) to gather all the documents they
are requested to submit to the authorities for their recognition as conscientious
objectors. In some cases it is impossible to provide them all within that short time, and
with their dossier incomplete it is not possible to get the status.
At least 25 conscientious
objectors, who have performed civilian alternative service in health institutions
throughout Greece (such as Rethymnon, Siderokastro/Serres, Nigrita/Serres, Drama,
Avlida/Evoia, Mytilini), have been subjected to punitive measures. They have had to work
long hours (up to 56-68 hours a week without a day off), service incomparable with that in
military service. They have been threatened that should they not comply, they would be
punished, including the revocation of their right to alternative civilian service. Some
institutions have refused to pay the agreed, and still very inadequate, monthly salary of
58,000 drachmas (less than US$200). The housing of conscientious objectors sometimes also
remains inadequate.
In August 1999, the Ombudsman
issued a series of constructive recommendations, including the partial
“demilitarization” of the alternative service; the abolition of the unconstitutional
possibility to change the status of a conscientious objector back into that of a draftee;
the decrease of the length of the service; the introduction of the same special categories
of shorter service as for military service; and the inclusion of NGOs to the groups of
institutions in which such service can be carried out. The government promised vaguely to
implements the improvements before the end of 1999.
Greek Helsinki Monitor and Minority
Rights Group – Greece express their profound sorrow over the tragic death, on
14/9/1999, of Alternate Foreign Minister Yannos Kranidiotis, who contributed
methodically to the consolidation and respect of human rights in Greece and the
strengthening of the role of NGOs. Moreover, in anticipation of the presentation of
this report to the OSCE Review Conference 1999, they submitted a complimentary copy to the
Greek Foreign Ministry on 16/9/1999. |