Out of the spotlight: The rights of foreigners and minorities are still a grey area
number of threats. Instead, the organization
learnt that two of these victims, Tatiana A. and
Kamelia P., have had deportation orders issued
against them while trial proceedings were still
on-going. The organization notes that while
Law 3064/2002 allows for the suspension of
such deportation orders by order of the
Misdemeanours Prosecutor and approval by
the Appeals Prosecutor (Article 12.2), such
deportations are not unequivocally prohibited.
The organization also expressed concern about
the time taken to try cases against persons
suspected of involvement in trafficking and the
compatibility of this legislation (Law
3064/2002) with legal provisions about
statutory limitation. The case of the two
trafficking victims mentioned above, Gina M.
and Kamelia P., who were minors at the time
when the offences were allegedly committed in
1998, was heard by the court in December
2004. By that time, the charges against those
suspected of having committed offences of
pimping and pandering had been dropped
because of the five-year lapse (ruling Ref. No
2252/2203 of the Appeals Council of Athens).
Keeping in mind concerns that the
organization has previously raised about the
length of judicial proceedings in Greece, the
organization is concerned that such limitations
may hinder access to justice of trafficked
victims.
In the case of Olga B., the organization had
expressed concerns in 2003 and 2004 about the
repeated failures of the court to call the
complainant to testify in the trial against a
police officer she had accused of raping her in
1998, while she was working in a bar. At the
initial stage of the trial, two persons were
convicted for trafficking and procurement in
2003 in relation to the victim’s claims, and the
police officer was given a two-year suspended
sentence for breach of duty for failing to report
his knowledge of the trafficking offences. He
was eventually acquitted of the rape charges in
2004, in a trial that the complainant attended,
Amnesty International 5 October 2005
34
on the grounds that the victim had consented to
sexual intercourse. 63
Reports were also received concerning the
trafficking of children and the state’s failure to
ensure their protection. In particular, Amnesty
International expressed concern about the
disappearance of 502 children, the vast
majority of whom (i.e. at least 457) were
foreign, from a state institution that had been
charged with their protection. The organization
received reports that despite the announcement
in 1998 of a programme to protect the rights of
street children, 502 children, who had been
accommodated in the Aghia Varvara
institution in Athens within the framework of a
children’s protection programme, went missing
between 1998 and 2002.64 Most of the children
were Albanian Roma, who were forced by
traffickers to work by begging and selling
trinkets on the street. The children had been
taken to the Aghia Varvara institution by
security police. In March 2004 the Greek
Ombudsman issued a report that identified a
number of gaps in the design and
implementation of the child protection
programme, which had resulted in the
disappearance of the children. 65 Specifically,
63
Greece: Amnesty International calls for re-trial
of police officer acquitted of alleged rape of a
Ukrainian woman (AI Index: EUR 25/006/2003)
and entries in Europe and Central Asia: Summary
of Amnesty International'
s Concerns in the Region
January - June 2004 (AI Index: EUR 01/005/2004),
Europe and Central Asia: Concerns in Europe and
Central Asia: July - December 2003 (AI Index:
EUR 01/001/2004) as well as entries in Amnesty
International Reports 2004 and 2005.
64
These reports were initially publicized by the
international NGO ‘Terres des Hommes’ in 2003
(The trafficking of Albanian children in Greece,
January 2003). The claims made in this publication,
were subsequently investigated by the Greek
Ombudsman and the findings published in a report
in March 2004.
65
$
: ‘
*
+
(
,! ’
[Implementation of the Programme ‘Protection and
Social Care for the Street Children’] Report by
George Moschos, Olga Themeli, Stamatina Poulou
AI Index: EUR 25/016/2005
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