CONCERN ABOUT POLARIZING TENSIONS BETWEEN JUDGES AND LAWYERS IN GREECE - DYYAD CALLS FOR URGENT ADOPTION OF A CODE OF ETHICS REGULATING RELATIONS BETWEEN LAWYERS, JUDGES, PROSECUTORS AND JUDICIAL SECRETARYS
DYYAD expresses its concern about the mounting polarization of tension and public insults against the President of the Athens Bar Association, also presiding the Assembly of Greek Bar Associations, Mr. Dimitris Vervesos.
On 14-12-2019, news surfaced the media that the Head of the Union of Judges and Prosecutors, Mr. Sevastidis, insulted again in public Mr. Vervesos, stating in the Appeal Court's amphitheater, in the annual meeting of the Union, that the Athens Bar is now headed by a "blind anti-Judge hate".
Most characteristically, the President of the Union of Judges and Prosecutors, Mr. Sevastidis stated that "In the place of legal arguments, now entered personal reproaches, populism and a false defense of lawyers' rights ... Such a stance has now become the rule from the head of the ABA ... Lack of invitation of the President of the ABA to this year's general assembly, constitutes an indication of protest of the judiciary body against the way he personally chose to proceed with".
On the same day, a letter sent by the Chairman of the Coordination Committee of Greek Bar Associations Mr. Dimitris Vervesos also surfaced the media. In it, Mr. Vervesos was referring to the reasons why he did not attend the annual General Assembly of the Association of Judges and Prosecutors, as follows:
'To
The Board of Directors of the 'Association of Judges and Prosecutors'
Ladies and Gentlemen,
As you know, since the inauguration of today's Plenary Assembly of Presidents of Bar Associations of Greece, we have advocated the need for the full co-operation of all the co-functionaries of Justice, for the benefit of Justice, Democracy and Society.
At a time when Justice is ubiquitous, the cooperation of all stakeholders is a prerequisite for safeguarding its Independence and its proper and rapid delivery. In this context, with the decisions of the institutions of the judiciary, concrete initiatives have been taken both for joint actions and for the development of a Code of Conduct that will govern the relations between us.
Unfortunately, the response on the part of your 'Union' was not the expected.
And as if that were not enough, we have recently received an unprecedented personal attack by the President of Your "Union," which was subsequently adopted by your Board...
An offensive, irresponsible and inappropriate attack on our Institutional role, a style that offends the Bar as it downgrades its reputation and calls into question the work that the State has entrusted to it with a high sense of responsibility.
The response of the Bar was Institutionally provided by the Coordination Committee's unanimous decision dated 5.12.2019, to which we refer you. The institutional inaccuracy of the President of your 'Union', due to its importance, will be the subject of discussion at the next plenary session of the Presidents of Bar Associations of Greece.
It should be understood that Lawyers and Judges are not opposing parties. We are committed to the continued effort to safeguard the Independence and the Right to Justice and its fair and rapid delivery. But this confession, as is evident, requires a genuine and honest dialogue between us and mutual respect for each other's institutional role. In no case can it be tested and crushed on the altar of any purpose.
The unjustified, above all, assault by the President of your 'Union' has strongly left the mark of attack on the Bar. And these signs remain fresh and profound, as long as their style and views, which are significant and contrary to the settled case-law of the High Council of State, are not revoked.
It is obvious that under these circumstances, created solely by the responsibility of your President, it is not possible for the Bar to be represented at your General Assembly, (which representation) cannot, in any event, contribute to the recovery of the negative climate created, as long as the insult remains active.
Wishing the work of your General Assembly to succeed,
The President of the Steering Committee of Greek Bar Associations,
Dimitris Vervesos »
On 14-12-2019, news surfaced the media that the Head of the Union of Judges and Prosecutors, Mr. Sevastidis, insulted again in public Mr. Vervesos, stating in the Appeal Court's amphitheater, in the annual meeting of the Union, that the Athens Bar is now headed by a "blind anti-Judge hate".
Most characteristically, the President of the Union of Judges and Prosecutors, Mr. Sevastidis stated that "In the place of legal arguments, now entered personal reproaches, populism and a false defense of lawyers' rights ... Such a stance has now become the rule from the head of the ABA ... Lack of invitation of the President of the ABA to this year's general assembly, constitutes an indication of protest of the judiciary body against the way he personally chose to proceed with".
On the same day, a letter sent by the Chairman of the Coordination Committee of Greek Bar Associations Mr. Dimitris Vervesos also surfaced the media. In it, Mr. Vervesos was referring to the reasons why he did not attend the annual General Assembly of the Association of Judges and Prosecutors, as follows:
'To
The Board of Directors of the 'Association of Judges and Prosecutors'
Ladies and Gentlemen,
As you know, since the inauguration of today's Plenary Assembly of Presidents of Bar Associations of Greece, we have advocated the need for the full co-operation of all the co-functionaries of Justice, for the benefit of Justice, Democracy and Society.
At a time when Justice is ubiquitous, the cooperation of all stakeholders is a prerequisite for safeguarding its Independence and its proper and rapid delivery. In this context, with the decisions of the institutions of the judiciary, concrete initiatives have been taken both for joint actions and for the development of a Code of Conduct that will govern the relations between us.
Unfortunately, the response on the part of your 'Union' was not the expected.
And as if that were not enough, we have recently received an unprecedented personal attack by the President of Your "Union," which was subsequently adopted by your Board...
An offensive, irresponsible and inappropriate attack on our Institutional role, a style that offends the Bar as it downgrades its reputation and calls into question the work that the State has entrusted to it with a high sense of responsibility.
The response of the Bar was Institutionally provided by the Coordination Committee's unanimous decision dated 5.12.2019, to which we refer you. The institutional inaccuracy of the President of your 'Union', due to its importance, will be the subject of discussion at the next plenary session of the Presidents of Bar Associations of Greece.
It should be understood that Lawyers and Judges are not opposing parties. We are committed to the continued effort to safeguard the Independence and the Right to Justice and its fair and rapid delivery. But this confession, as is evident, requires a genuine and honest dialogue between us and mutual respect for each other's institutional role. In no case can it be tested and crushed on the altar of any purpose.
The unjustified, above all, assault by the President of your 'Union' has strongly left the mark of attack on the Bar. And these signs remain fresh and profound, as long as their style and views, which are significant and contrary to the settled case-law of the High Council of State, are not revoked.
It is obvious that under these circumstances, created solely by the responsibility of your President, it is not possible for the Bar to be represented at your General Assembly, (which representation) cannot, in any event, contribute to the recovery of the negative climate created, as long as the insult remains active.
Wishing the work of your General Assembly to succeed,
The President of the Steering Committee of Greek Bar Associations,
Dimitris Vervesos »
DYYAD
notes that the above incidents are taking place in the midst of a
mounting climate of disrespect towards Lawyers, followed by utmost impunity, having as a
result a mounting insecurity among Greek Lawyers in the exercise of
their Function.
DYYAD
expresses its utmost concern that Lawyers are targeted personally and as representatives of all Lawyers practicing in Greece, now also by statements of the representative of Greek Judges and Prosecutors, upon having been targeted even
by Press Releases of Ministers.
DYYAD perceives this situation as a systematic attempt to harass Lawyers.
DYYAD perceives this situation as a systematic attempt to harass Lawyers.
The Human Rights Defenders Support Network -DYYAD:
- Records the incident which openly took place against Mr. Vervesos, acting in representation of bodies that defend human rights and lawyers' rights (Bar Associations), as an open undermining of the Role of Lawyers in Democratic Societies.
- Calls on the Greek Government to guarantee in practice respect to the “Declaration of the UN Declaration for Human Rights Defenders” and the UN's Basic Principles on the Role of Lawyers, the latter including:
-Principle 12: Lawyers
shall at all times maintain the honour and dignity of their profession
as essential agents of the administration of justice.
-Principle 16: Guarantees for the functioning of lawyers
Governments
shall ensure that lawyers (a) are able to perform all of their
professional functions without intimidation, hindrance, harassment or
improper interference;
-Principle 23: Freedom of expression and association
Lawyers
like other citizens are entitled to freedom of expression, belief,
association and assembly. In particular, they shall have the right to
take part in public discussion of matters concerning the law, the
administration of justice and the promotion and protection of human
rights and to join or form local, national or international
organizations and attend their meetings, without suffering professional
restrictions by reason of their lawful action or their membership in a
lawful organization. In exercising these rights, lawyers shall always
conduct themselves in accordance with the law and the recognized
standards and ethics of the legal profession.
-Principle 24: Professional associations of lawyers
Lawyers
shall be entitled to form and join self-governing professional
associations to represent their interests, promote their continuing
education and training and protect their professional integrity. The
executive body of the professional associations shall be elected by its
members and shall exercise its functions without external interference.
DYYAD invites the Ministry of Justice and all relevant stakeholders to immediately proceed to a consultation about the drafting of a Code of Ethics which will be regulating the relations between Lawyers, Judges, Prosecutors and Judicial Servants, which will be binding on all Parties and provide for appropriate sanctions in case of violations, ensuring accountability for improper obstacles in the administration of Justice and the Rule of Law and incorporating the spirit and the relevant provisions of the UN Basic Principles on the Role of Lawyers, upholding the relevant international standards.
DYYAD calls on the Greek State:
(a) to ensure that such incidents and conduct of Judiciary officials are clearly denounced, and that it is sufficiently clarified that they do not reflect the Institutional stance towards Lawyers.
(b) to guarantee in every case that Lawyers will be able to work and express themselves individually and collectively without fear of retaliation, harassment, defamation, intimidation, exclusion and marginalization, or other harmful consequence, and that Lawyers' Unions and Lawyers' Representatives will remain free from defamation and other forms of harassment.
(c) to recognize in practice the UN's recognition that "professional associations of lawyers have a vital role to play in upholding professional standards and ethics, protecting their members from improper restrictions and infringements and cooperating with governmental and other institutions in furthering the ends of justice and public interest", and to include lawyers and their Bars to discussions and decisions regarding the administration of Justice and the Rule of Law, without any undue delays or obstacles.
(d) to legislate the incorporation of the UN Declaration on Human Rights Defenders and UN Basic Principles on the Role of Lawyers -
utilizing the relevant Civil Society Model Law endorsed by a number of UN experts, translated and adapted to Greek, including special provisions for Lawyers, in a model law integrating the UN Basic Principles, by the Hellenic Action for Human Rights "Pleiades".
utilizing the relevant Civil Society Model Law endorsed by a number of UN experts, translated and adapted to Greek, including special provisions for Lawyers, in a model law integrating the UN Basic Principles, by the Hellenic Action for Human Rights "Pleiades".
(e) to immediately put an end to the harassment of Lawyers, ensure that they can perform their duties without hindrance, retaliation or other obstacles and reiterate respect to the Lawyers' Function in society.
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