CRACKDOWN ON LAWYERS IN GREECE - DYYAD's INTERVENTION

The Human Rights Defenders Support Network - DYYAD expresses its urgent concern and calls for international attention on the following issues:

During the past 3 weeks, 4 high profile criminal lawyers - members of the Athens Bar Association have been arrested by anti-terrorist police units on arrest warrants and detained ever since. 2 of them have already been placed in remand, in obviously controversial grounds. This has provoked a wide discussion in public opinion about the role of lawyers and a rigid fall in the integrity and image of the legal profession in Greece.

MINISTRY OF JUSTICE AND MINISTER OF PUBLIC ORDER BREACH ARRESTED LAWYERS' PRESUMPTION OF INNOCENCE

Regarding the last 2 arrests (of 18/4/19):

The Minister of Citizens' Protection and Public Order, Ms. Papakosta, has via a public statement violated the presumption of innocence of the 2 arrested lawyers on 21/4/2019, one day before they apologize and while they are detained for days in the police premises of the anti-terrorist unit of the Hellenic Police. 
Specifically, she said on the radio: "I believe this is another success [of the anti terrorist police], of course I am sad, because this circuit, which was a circuit surviving illegally for whole years, had in its gulfs colleague lawyers. I hope this does not go on, the servants of justice, as we lawyers are, should be in the service of the citizen, Themis and justice".
The defense of one of the arrested lawyers, high-profile criminal lawyer Mr. Lykourezos, pre-announced a civil lawsuit against her to be lodged in the morning of 22/4/2019, before he provides an apology to the interrogator. As legal basis, he referred to the recently transposed EU Directive (latest date for delayed transposition was 9 March), which requires remuneration in case of violation of the presumption of innocence. 
Minister Ms. Papakosta also congratulated the anti-terrorist police unit, to which the case has been assigned, for "an impeccable job". In the end, after having rendered the upcoming trial of the detained lawyers unfair, she referred to her identity as a lawyer and to the lawyer's role as being in the service of the citizen, society and Justice.
Lykourezos' defense, Mr.Kontaxis, noted that "Although Mr.Lykourezos has still not apologized, neverhertheless it has been created, including by responsibility of governmental officers too and based on the arrest warrant that was issued, a toxic ambiance which I hope will not influence his treatment".

DYYAD reminds that 3 weeks ago, when another 2 lawyers were arrested by arrest warrants, the Ministry of Justice issued a press release, where, in violation of the presumption of innocence and in aesthetics of interference with Justice, it announced the underlying "political will" of the Government for the arrests and prosecution. Its press release had, in translation, as follows:

"Announcement on the arrests of two Athens lawyers under charges of "participation in a criminal organization" that had been operating in the prison of Korydallos

On the occasion of the current arrests of two Athens lawyers by the Greek Police, with the charges of "participation in a criminal organization" operating in Korydallos prison, the Ministry of Justice, Transparency and Human Rights repeats that despite the status of lawlessness that some seek to prevail in prisons, criminal acts are revealed and the accused are brought before Justice. The skein of violence and crime, inside or outside prisons, is slowly rattling.
The development of criminal phenomena is met methodically and structurally, but in the context of the rule of law, proving that the state has adequate reflexes and can be effective, taking as a given the political will of the Government. "

DYYAD has also noted an exchange of polarized announcements between the Union of Judges and Prosecutors and the President of the Larissa Bar Association (8/4/2019), upon an attempt by member of the Judiciary to undermine the Function and competence of a Bar's President to defend in casu the defendant's human right to choose a counsel of his choice and the dignity of the lawyers' Function. An attempt of violation of human rights and of harassment of the LBA's President, which was embraced by the Judges and Prosecutors' Union and which was finally averted by refusal of any lawyer practicing in the city of Larissa, invited to assume the representation assigned by the Judge, to do so in violation of the defendant's choice of counsel.

DYYAD highlights the recent (29/3/2019) Round Table Report published by the Council of Europe's Commissioner for Human Rights, Ms. Dunja Mijatovic, which expressed distinct concerns about the situation of lawyers in Greece. In par.18 and 20, it speaks about "a number of lawyers placed under investigation", "lawyers representing applicants before the ECtHR have themselves been subjected to harassment by law enforcement authorities in Greece" and "fiscal harassment faced by lawyers \working for the protection of human rights and engaged in litigation..."). The Commissioner also noted that "In a growing number of European countries...lawyers... are increasingly being targeted due to their activities in the fields of human rights protection, the promotion of accountable governance or the fight against corruption." (par.9), "Harassment against lawyers working on human rights cases is a newer tendency.", and referred to some Bar Associations' activities that were used to obstruct lawyers for performing their duties and Function: "This move is perceived as part of an intensifying crackdown on a number of lawyers, impeding their possibility to exercise their profession. Since the end of 2017, lawyers working on sensitive cases have been reporting the use of false accusations and smear campaigns against them, with disbarment being yet another method of obstruction and retaliation. Judicial and administrative harassment has reportedly been experienced by lawyers" (par.18). The Commissioner concluded that  lawyers "as well as their family members are still subjected to attacks, violence, intimidation, judicial harassment and other forms of reprisals in many European countries." (par.71), took note of reports that "governments are becoming increasingly likely to disregard their human rights obligations determined by international and European mechanisms of human rights protection, including the Council of Europe, without giving due consideration to the potential consequences." The Commissioner noted that this represents a further obstacle to guaranteeing a safe and enabling environment for human rights defenders and stressed that it "needs to be urgently addressed at international, European and national level." (par.73), urging Council of Europe member states to "recommit to the standards they agreed to years ago and ensure a political, legal and public environment where human rights defenders can work freely and safely."  especially"in view of worrying developments in many Council of Europe member states tending to undermine the protection of human rights and democratic norms".

DYYAD also takes note of the recent (February 2019) ECtHR's communication in the case Chartokolli v. Greece, which refers to the victimization of a lawyer practicing in Athens by the Police and the Prosecutor, turning her from a victim of police arbitrariness exercised in view of her lawyers' function, to a defendant in Court, while her complaint about the atrocities suffered by her remained completely uninvestigated by the Prosecutor. It also notes that this was considered by the Court as "a case of principle".

BACKGROUND

The last 2 arrested lawyers were defending another lawyer, Mr.Antonopoulos, who was remanded 3 weeks ago for alleged relations with the "mafia prison criminal organization", the very same organization that had attempted to assassinate him in 2014 (a bullet entered his mouth and exited from the back of his neck -he is said to be very lucky to have survived the attack) in the context of a "death contract". Antonopoulos alleged that he was speaking with their chief in full knowledge of police (which since 2014 was escorting him everywhere, for his protection), in order to retrieve evidence on who was behind the "contract" that almost cost his life. The arrests come as a result of statements of the convicted at 1st instance as moral inciter of the attempt against his life, of his lawyer and of another lawyer (vice-president of the Athens Bar Association) who had a dubious role, as "intermediator" between the victim lawyer and the convicted as moral inciter. The "intermediator" testified that he was of the legal opinion that the victimized lawyer should not pursue a role in the trial against the perpetrators.
The new lawyer who took on Mr.Antonopoulos' case, high-profile criminal lawyer Mr.Kougias, has openly stated that his life is in danger because of the assumption of the defense and has already received an extra judicial note and civil action by the convicted as moral inciter and his partner. He disclosed in public, upon order of the detained lawyer, his response to the accusations, which had become public, along with selective leakage of the criminal investigation's material by responsibility of the prosecuting authorities. The response included serious allegations against political actors, who were pushing the now detained lawyer to violate his duty and lead the case to mediation which would cost the public sector to a loss of 230 million euros) instead of prosecution. Antonopoulos proceeded with prosecution, which led to the 1st instance conviction of the perpetrator (the same person as the one convicted at 1st instance for moral incitement to the "contract" against his life) for a felony. Antonopoulos also stated, via his counsel, that the ABA's vice-president had been the one to notify him that a new contract against his life was on, and that he should refrain from pressing charges and withdraw from further attempts to gather evidence against the perpetrator of both crimes.
A subsequent press release of the ABA implied that Antonopoulos' counsel , by informing the public about the defense line of the remanded lawyer-client of his, had violated the secrecy of the investigation, "which should proceed without distractions", in blatant disregard of the fact that accusations and material had been priorly leaked and selectively highlighted, provoking an image that the accused as perpetrator against the public sector and Antonopoulos was a victim.
Antonopoulos, a high profile lawyer, also teaching Civil Law in the Athens Lawschool, was arrested by warrant and placed in remand, 2 days before the appeal hearing in his attempted homicide case started. His 2 prior counsels have now been arrested on grounds related to the defense of this case, and the new defense lawyer is severely harassed.
In parallel, his new counsel announced that what has been "achieved" via his client's remand is that the other trial on appeal, that of the State energy company (LAGIE) against ENERGA for the theft of 230 million from the public sector (company of interests of the alleged perpetrator of  moral incitement, by "contract", to Antonopoulos' attempt of murder), which Antonopoulos was representing, will now be left without specialized defense.
During the past few months, 3 witnesses who would testify against the alleged perpetrator of theft and assassination, were assassinated in prison, shortly before the Court hearing.

ANNOUNCEMENT OF THE ASSOCIATION OF CRIMINAL LAWYERS

On 20/4/2019, the Association of Criminal Lawyers publicized the following Announcement:

"The Association of Criminal Lawyers, in relation to the recent arrests of lawyers, which was of a communicative nature, denounces it as an institutional diversion that violates any rule of law and requires immediate action to be taken by the Prosecutor's Office of the Supreme Court of Justice, the Association of Judges and Prosecutors, the Plenum of Bar Associations , but also the University (legal) community in order to exist

A) strict compliance with the provisions of the Code of Criminal Procedure

B) distancing (judges, investigators, prosecutors and advocates) from any late communicative tactics; and

C) sobriety and justice


Our country, our time, our legal culture, requires the lawyer to be the advocate of democracy and of the rights of every citizen, and not a humiliated member of a "mafia" and a "criminal organization"



ANNOUNCEMENT OF THE PLENARY SESSION OF GREEK BAR ASSOCIATIONS

On 20/4/2019, in Serres, the Plenary Session of the Greek Bar Associations issued the following announcement, noting that "it reflects the standing positions of the lawyers' body":

"1. In accordance with the principles of the Code of Criminal Procedure and the rules of deontological conduct, criminal proceedings are secret and it is forbidden for anybody to disclose information to third parties, not least through the media. This prohibition is a key element of our criminal justice system and our legal culture, and it does not bend even for the defenders of the parties in criminal proceedings. Any evidence from advocates of the victims and defense lawyers may be obtained only via the competent judicial bodies.

2. The lawyers' body does not seek any favorable treatment of lawyers in the application of the legal framework of the arrest warrant. What we expect from Greek Justice, though, is, according to the Constitution and the law, the equal treatment of all, not the discretionary treatment regarding the status of the individual prosecuted, which leads to targeting, which in fact peals off the presumption of innocence.

3. The application of measures of criminal procedural coercion, in particular the issuing and execution of an arrest warrant, which results in the most burdensome consequence of deprivation of liberty, must be done in accordance with the constitutional principle of proportionality. The issuance of an arrest warrant is forgiven, under the conditions of Article 276 CCP, only when the prosecuted is suspected of escaping, suspected of committing criminal offenses or of an unknown stay. Otherwise, it is necessary to call the defendant to an apology and if he does not appear, then a warrant of arrest is justified.

In any case, the execution of the warrant must be carried out in full respect of the personality of the prosecuted person, without communicational manipulation. The issuing and execution of an arrest warrant, without this being procedurally and practically necessary, violates the spirit of the criminal procedural order and of the constitutional legal order.

The systematic violation of the above rules detracts mine sets the proper administration of Justice"

DYYAD notes that the Plenary session's announcement is more protective for the arrested lawyers than ABA's announcement, however it fails to clearly state that there has been a repeated deviation in the instant case and request accountability and immediate measures. Moreover, it repeats the harassment to Antonopoulos' new counsel, who aligned his actions with his client's (detained lawyer's) wish to contradict in public the publicly leaked information that had spread against him. This response fueled the response of previous Presidents of Bar Associations across the country, as follows.

JOINT STATEMENT OF 15 FORMER PRESIDENTS OF GREEK BAR ASSOCIATIONS OF LAWYERS

On 21/4/2019, 15 former Presidents of Greek Bar Associations publicized the following joint statement:

"Public opinion is following, jaw-dropped, a criminal law "enterprise" directed against two lawyers who were arrested and taken to the investigator by the anti-terrorist service under circumstances that are more suited to the most wanted criminals, by brutal fragmentation of their presumption of innocence and their defense rights, and in a manner that will forever stigmatize their personality.

There is no need for a special experience with criminal law, for one to understand that two professionals with decades-old itinerary, with a well-known office address and whereabouts and daily presence in the courts, are not suspects of escaping or committing new offensive crimes, conditions that are necessary under the Law in order for an arrest warrant to be issued.

The arrest warrant is an extreme act of procedural coercion of the state. It means that a citizen will be deprived of his liberty without having previously expressed his views before the competent judicial and prosecuting authorities on what he is accused of. To this end, it must be issued in a sparse and prudent manner, and in a way that is respectful to the requirements of the Constitution and the Code of Criminal Procedure.

Of course, nobody can know the content of the pertinent criminal case, which is (or, at least, should be) secret. However, it seems at least an oxymoron to consider as potential fugitives and quasi-criminal people who are to be found everyday there, where the warrant against them was issued and executed: In the premises where Criminal Justice is awarded. If, in other words, they were summoned by the competent investigator for an apology, and their criminal fate was judged after it, is there any one who doubts about their proper arrival [to the interrogator's office]?

Thus, at least, the issue of both the issuing of these two warrants, and the publicity and the manner in which they were executed, provoke concern. When, notably, they come from experienced officers in the administration of criminal justice, who are indisputably aware of what is envisaged on the matter by pertinent Legislation. And when this particular case seems to be related to persons of dubious morality and to, at least suspicious, interests.

The fate of the two colleagues will be judged by Justice on Monday. We hope with calm and sobriety. However, what has been done so far has already been judged. At least, those who have the temper to look at the Law behind the cries and the possible feasibility. And, of course, today it is them [the specific lawyers]. Tomorrow, however, it may not be them. It may be, in their place, one of us. "

The statement is signed by the 15 FORMER  presidents of Bar Associations:

Dimitris Paxinos and John Adamopoulos, Athens, 
Dimitris Garoufas and Yannis Papadopoulos, Thessaloniki, 
George Kimparidis, Rodopi,
Dimitris Kostogiannis, Tripoli, 
Kostas Sarris, Rhodes, 
Theodore Kazas, Nafplion,
Kontogiannis Dimitris, Trikala, 
Kapetanidis Christos, Orestiada, 
Dimitrakoulas Kostas, Sparta, 
Zois Andreas and Yfantis Leonidas, Agrinio, 
Binios Loukas, Livadias and 
Pavlos Tzovaras, Igoumenitsa.


DYYAD reminds its previous intervention - request of 18/4/2019 (issued before the last 2 arrests of lawyers), co-signed by several lawyers practicing in different Bar Associations across Greece, to the ABA and the Plenary of Bar Associations to take appropriate action and protect the arrested lawyers and the integrity of the lawyers' Function in Greece. DYYAD notes again that, in accordance with the UN's Basic Principles on the Role of Lawyers (preamble), "professional associations of lawyers play a vital role in safeguarding professional standards and ethical principles by protecting their members from persecution and inappropriate restrictions and violations".In addition, DYYAD highlights that, according to the Basic Principles:
"Guarantees for the exercise of the lawyer's function
16. Governments should ensure that lawyers:
(a) the exercise of all their professional duties without intimidation, obstacles, harassment or inappropriate interference,
(c) the possibility of exercising their functions without being threatened with prosecutions or administrative, financial or other sanctions for any of their acts within the framework of their established professional duties, rules and ethics of the profession of lawyer.
17. The authorities must adequately protect lawyers whose security is threatened by the performance of their duties.
18. In the performance of their duties lawyers must not be identified with their clients or their affairs. " 
DYYAD therefore calls all stakeholders,including the ABA, Hellenic Police and Private individuals, to ensure that Mr.Kougias, the new counsel of detained lawyer Mr.Antonopoulos, will be able to bring forth the defense without undue hindrance and harassment, and that his right to life and integrity will be adequately protected. DYYAD calls on lawyers to refuse to contribute to any violation of the UN Basic Principles under any circumstances, especially in such a critical period for the Lawyers' Function in Greece.

DYYAD notices the polarization between co-functionaries in the administration of Justice (Lawyers and Judges), expresses its great concern about the current situation of lawyers in Greece and the rigid undermining of the Lawyer's Function by members of the Judiciary.

DYYAD condemns the 2 Greek Ministries' attempt to influence, by public statements breaching the accused lawyers' presumption of innocence, the investigative and judicial process.

DYYAD highlights that, regarding the cinematographic arrests by a plethora of officers serving in the anti-terrorist police unit, and placement in detention of 4 lawyers during the previous 3 weeks, before they are called for apology, there has already manifested a deviation from the Rule of Law, targeting lawyers in Greece, that affects the exercise of the Legal Profession and its integrity, as a whole, and therefore warranting special attention and alarm.

DYYAD notes that the function of the Bar of the arrested and remanded lawyers has manifested (at best) an inadequacy to ensure protection of their rights that is aligned with the requirements of the UN Basic Principles on the Role of Lawyers. Relation of its Vice-President  to the arrests of lawyers may influence its effectiveness in carrying out its institutional protective role.

DYYAD therefore calls for international observance of the judicial procedure's integrity and of the alignment of the Athens Bar Association with its obligations under the UN principles, in order for impartiality and respect to fundamental rights to be safeguarded, as well as for further, potentially lethal, victimization of defenders and witnesses in pending judicial procedures to be prevented.

DYYAD takes note of the announcement of the Union of Criminal Lawyers and of the joint statement of 15 former Presidents of Greek Bar Associations, who obviously felt they should intervene and break the silence, given the inaction of current Presidencies towards events that undermine the legal Function as a whole and the safety and dignity of lawyers practicing in Greece.

DYYAD expects the response of the Athens Bar Association to the statements made by the Ministry of Justice and by Minister of Citizens' Protection and Public Order, Ms. Papakosta, that controversially breach lawyers' human rights, while at the same time pretentiously invoking lawyer's dignity, in a moment where the Lawyers Function is critically targeted by Governmental factors, in what can be called a crackdown on Lawyers and their Function in Greece.

DYYAD has translated the recent CoE's Commissioner's Report in Greek language and submitted it to the Ministry of Justice, also re-submitting the Model Law on the recognition and protection of human rights defenders. It has requested a meeting with the Minister of Justice and a follow up meeting with the General Secretary of the Ministry of Justice, to put forward the need for legislation that will actively and adequately protect defenders and ensure to them a safe working environment, free from targeting, reprisals, undue hindrance, administrative and judicial harassment and threats to their life, integrity and honor.

DYYAD reminds that universal human rights standards need to be valued and upheld by the Government and by all stakeholders, and urges the Greek Government to, in the light of the recent events, urgently proceed to taking note of the Commissioner's Recommendations and refrain from further undermining the protection of human rights and democratic norms, while urgently ensuring conformity with the guarantees for defenders and safeguarding their life, integrity and honor from any interference that is contrary to internationally upheld human rights standards.

DYYAD offers its members' expertise to the detained and/or harassed lawyers and/or to their appointed counsels.