UN WORLD REPORT ON THE SITUATION OF HUMAN RIGHTS DEFENDERS - Greece

WORLD REPORT ON THE SITUATION OF HUMAN RIGHTS DEFENDERS
Mr. Michel Forst
United Nations Special Rapporteur on the Situation of Human Rights Defenders
December 2018

Greece

1. National Context and Human Rights Defenders

Greece was not included in the 2006 Global Survey. Since 2006, the State has experienced a severe economic recession and austerity measures and has been the point of entry for large numbers of refugees arriving from the Mediterranean. These broader phenomena have had a significant impact on the social and political environment in which defenders operate. Defenders have faced tightening restrictions on the right to peacefully assemble and strike, and to form associations. Defenders working with people on the move and minorities, either as individuals or within civil society organisations, have been particularly vulnerable to harassment and threats from the State and non-State actors. Since 2015, defenders of people on the move have faced restrictions to their freedom of movement, stigmatization in public discourse, judicial harassment, threats, and surveillance. The Special Rapporteur thanks the State for its response to his request for information for this report. Greece is a member of the Council of Europe, the European Union and the Organisation for Security and Cooperation in Europe (OSCE).

2. Legal and Policy Framework

Greece is party to the majority of the core international human rights instruments, except the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. As a member of the Council of Europe, the State is also party to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Although many of the State’s international human rights obligations are protected through its constitution,some of the rights are more restricted in the constitution than in international treaties. For example, the OSCE has noted that the Constitution only provides for “Greeks” to have the right to peaceful assembly and has recommended that this right be protected in law for all, including non-citizens (and notably people on the move). The State has noted that while it does not have a specific law regarding human rights defenders, but many of the rights articulated in the Declaration are guaranteed by the Constitution, including the freedom of expression, assembly and association are protected The National Commission for Human Rights is the national human rights institution and is fully accredited (‘A’status) as complying with the Paris Principles. The Commission lists supporting the work of human rights defenders as one of its priorities.

3. Implementation of the Declaration

While the rights articulated in the Declaration are generally respected in law and practice, there is a worrying trend towards restricting the rights of defenders of people on the move. Other groups of defenders, notably journalists, also face restrictions in the exercise of their rights and growing risks from non-State actors. Generally, the right to peaceful assembly is respected
However, recent large-scale protests have been met with excessive violence from police and non-State actors. The Human Rights Committee has expressed concern that during demonstrations peaceful demonstrators and journalists have been reportedly threatened, intimidated and harassed by members of extremist groups. Defenders have expressed concern about new legislation, suggested as part of the State’s financial reform and austerity measures, was passed in January 2018 limiting the ability of workers to exercise their right to strike. Although freedom of expression is constitutionally guaranteed, journalists have faced civil lawsuit and prosecution when reporting on controversial orsensitive issues. Journalists have been charged with libel and defamation, most commonly when their reporting is critical of State officials or policies. In March 2018, two German journalists were arrested in Greece for reporting on refugee issues. Three Greek journalists, Thanassis Mavridis, Panayiotis Lampsias, and political reporter Katerina Galanou were arrested and detained overnight night in September 2018 in Athens police station as a result of the defamation complaint brought against them by defense minister Panos Kammenos, again related to reporting on migrant issues. The consistent arrests and charges brought against journalists creates a chilling affect on journalists, leading Dimitris Koumpias, president of the Panhellenic Federation of Journalists’ Unions, to suggest that the pattern aims to “terrorise [journalists], impose censorship and hinder a free and democratic dialogue on contemporary political issues”.204 Journalists covering refugee and migrant issues are also vulnerable to threats from non-State actors. In August 2018, Stratis Balaskas, a journalist based in Mytilene who reports on refugee issues for Greece’s state-owned news agency, was threatened and harassed in person and online by far-right activists. The State announced it will bring charges against fifteen individuals as a result of Balaskas’ complaints. Most associations can register and operate freely in Greece, however, those dealing with minority ethnic and people on the move increasing obstacles from the State. The European Court of Human Rights ruled that it was illegal for Greece to prohibit the registration of organisations who want to use minority terminology in the name of the organisation. The Special Rapporteur is concerned by reports that undue restrictions are also being placed on human rights and humanitarian organisations attempting to support people on the move and defend their rights.
The Special Rapporteur is gravely concerned that four members of the Emergency Response Centre International (ERCI) are facing up to twenty years in prison on charges of human trafficking, espionage, money laundering, and being members of a criminal organisation. Panos Moraitis, Nassos Karakitsos and two volunteers, Sean Binder and Sarah Mardini, herself a Syrian refugee who gained international recognition for saving the lives of 18 fellow refugees in 2015, are part of a group of thirty people who the State authorities say are involved in a “criminal network” posing as humanitarian activists in order to bring “illegal immigrants” to Greece forfinancial gain. As noted in hisrecent report, the Special Rapporteur is deeply concerned that such attacks on defenders on people on the move only render people on the move more vulnerable and further erode their ability to gain protection.205 Greece has been reviewed twice under the Universal Periodic Review process, most recently in 2016. As a result of the review, the State was considering two recommendations regarding freedom of association, specifically to undertake accurate measures to register associations of distinct communities, including those claiming minority group status and to execute the European Court of Human Rights judgments passed in 2008 about the applications of three minority associations, outlawed on grounds that they had the word “Turkish” in their names. The Special Rapporteur sent several communications to Greece since the last Global Survey, most recently in 2012. A communication in January 2008 related to threats againstsix human rights defenders who testified against a right-wing extremist. An urgent appeal was sent the same year regarding the physical assault against journalist Mr Makis Nodaros, which may have represented a direct attempt to prevent independent reporting in Greece, thus stifling freedom of expression in the country. In December 2011, the Special Rapporteur referenced allegations of threats and abusive messages directed against Mr. Thanassis Tartis, lawyerfor the Greek Helsinki Monitor(GHM), Mr. Panayote Dimitras,spokesperson of GHM and member of the World Organisation Against Torture (OMCT) General Assembly, as well as against Mr. Pavlos Voskopoulos, a representative of the Macedonian minority community in Greece. In June 2012, she raised concerns over physical and verbal attacks and threats against another human rights defender and human rights lawyer, and the failure to bring those responsible to justice. In December 2012 she sent a communication highlighting her concern that the State refused to revoke decisions denying registration to groups defending minority rights. 4. Issues and Trends While some of the rights in the Declaration are respected for a range of human rights defenders, the Special Rapporteur is gravely concerned by the trend in judicial and other harassment against journalists and defenders of people on the move. Actionsincluding arrest, detention and serious charges of defamation, false accusations of smuggling and human trafficking, espionage, money laundering, and being a member of a criminal organisation have all been levied against human rights defenders. Such unfounded allegations create a chilling atmosphere for defenders carrying out their legitimate and peaceful work. 205
The Special Rapporteur urges the State to drop the charges against Panos Moraitis, Nassos Karakitsos and two volunteers, Sean Binder and Sarah Mardini, and to refrain from bringing criminal charges against any other defenders and journalists engaged in defending the rights of people on the move. The Special Rapporteur recognises the difficult position of the State in terms of complying with requests from States which are currently financially supporting Greece, however he urges that the State (and, by extension, those that provide financial support to the Sate) respect the fight for the right of workers to strike and take other forms of industrial action.

204 Lambrini Papadopoulou “Greek libel reforms only first step toward greater press freedom” (International Press Institute, 30 March 2017) available online at https://ipi.media/in-depth-greek-defamation-reforms-onlyfirst-step-toward-greater-press-freedom/
205 A/HRC/37/51 461
B. Recommendations 66. The Special Rapporteur recommends that States: (a) Take all measures to protect the right to life, liberty and security of person of people on the move and those who defend their rights; (b) Recognize publicly the important role played by defenders of people on the move and the legitimacy of their work; and condemn publicly all instances of violence, discrimination, intimidation or reprisals against them, and emphasize that such practices can never be justified; (c) Enable people to promote and protect human rights regardless of their immigration status; in particular, people on the move and those who defend their rights should be able to exercise, inter alia, their right to freedom of information, freedom of expression, freedom of association and freedom of assembly; (d) Ensure that perpetrators of crimes against people on the move and those who defend their rights – including employers, law enforcement officials, traffickers, and criminal gangs – are held accountable for their actions and brought to justice; (e) In relation to the rescue of persons at sea specifically, observe legal provisions as contained, inter alia, in the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, and the Convention on the Law of the Sea; ensure that people are not criminalized for rescuing people at sea, and that masters of vessels sailing under their flag observe rules regarding rescue at sea; and allow vessels in distress to seek haven in their waters, granting those on board at least temporary refuge; (f) Ensure that all human rights defenders in exile benefit from the prohibition of refoulement to persecution, as articulated in the Convention relating to the status of refugees and other international instruments and customary international law; (g) Ensure that national protection mechanisms for human rights defenders at risk are accessible to defenders of people on the move, including by increasing training of staff involved in protection about and outreach to defenders of people on the move; (h) Ensure that visa regimes and other policies and practices do not undermine temporary international relocation initiatives for human rights defenders, and more fully operationalize policies that provide for humanitarian visas for human rights defenders at risk; (i) Ensure that people on the move and those who defend their rights have access to justice and to effective remedies through national courts, tribunals and dispute-settlement mechanisms, regardless of their immigration status; ensure that they are not threatened with or subject to arrest, detention or deportation when reporting crimes, labour rights violations, and other forms of human rights violations; and ensure they have the necessary support for pursuing remedies through effective access to justice in national courts, tribunals and dispute-settlement mechanisms, with the support of unions (where applicable), interpreters and legal assistance; (j) Ensure that national law and administrative provisions and their application facilitate the work of all actors providing humanitarian assistance to and defending the human rights of people on the move, including by avoiding any criminalization, stigmatization, impediment, obstruction or restriction thereof (including in assistance provided by local authorities, such as regional or municipal bodies) that is contrary to international human rights law. 67. States offering resettlement should recognize the importance of providing a durable solution to people on the move who suffer serious threat or imminent harm as a result of their defence of human rights by affording access to emergency resettlement and expanding the opportunities for their resettlement more generally. 68. The Special Rapporteur recommends that United Nations agencies, funds and programmes and related organizations, including the Human Rights Council, its special procedures, the United Nations Development Programme, UNCHR and the International Organization for Migration recognize publicly the important role played by defenders of people on the move and the legitimacy of their work. 69. The special procedures of the Human Rights Council should more closely monitor the concerns of people on the move, including by better tracking the number of communications received about their concerns. 70. UNHCR should establish guidelines on international protection recognizing how people on the move have the right to promote and protect their own rights and the rights of others, and ensure that UNHCR staff are appropriately trained on the guidelines and how these rights should be protected (including by being made aware of the Declaration on Human Rights Defenders), especially in camp situations and in advocacy towards UNHCR. 71. The Special Rapporteur recommends that national human rights institutions: (a) Ensure that the situation of defenders of people on the move is fully included in the monitoring of the situation of human rights; (b) Recognize publicly and support the role of defenders of people on the move. 72. The Special Rapporteur also recommends that regional and international organizations, including the Organization for Security and Cooperation in Europe, the Council of Europe, the Organization of American States, the African Union and the Association of Southeast Asian Nations develop and share existing good practices in regional organizations with regard to the normative development of the right to defend the rights of people on the move and the rights of people on the move themselves. 73. Special procedures for human rights defenders should more closely monitor the concerns of people on the move, including by better tracking the number of communications received about their concerns. 74. The Special Rapporteur recommends that civil society, including international and local non-governmental organizations, community-based organizations and private and State funders of civil society: (a) Further explore, strengthen and expand the availability of temporary relocation initiatives, including both within the States of residence of human rights defenders at risk and internationally, through the sharing of good practices and the strengthening of support available for such schemes, which should follow the seven principles underpinning the protection of defenders (see A/HRC/31/55, para. 111), namely, that they are rights-based; inclusive of defenders from diverse backgrounds; gender-sensitive; based on a holistic understanding of security; oriented to the protection of individuals and collectives; involve the participation of defenders in the choice of protection measures; and are flexible, in order to meet the specific needs of defenders; (b) Address the barriers to the continued activity of human rights defenders who become people on the move for which it is responsible by adopting non discriminatory approaches to recruitment and welcoming human rights defenders who are people on the move and their organizations into local advocacy networks. 75. The Special Rapporteur recommends that journalists, media organizations, bloggers, social media activists and other persons who express themselves through artistic means develop new tactics for reporting on the situation of defenders of people on the move that more fully recognize their vulnerabilities and realize their agency.

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