“compliance” of individual behaviour, before any eventual deviation, as well as
social discipline. Yet at the same time, and a fortiori, it produces a morality. In
people’s minds today, tax evasion is socially and morally disdained, even if the
person who utters the moral judgment is a delinquent him or herself.
Conversely, the general atmosphere of judicial impunity regarding police oicers who
commit violent and criminal acts, either in public (e.g., during demonstrations)
or in the invisible spaces of holding pens, also performs a certain function.
It produces a moral and collective consciousness that puts forth, above and
against all else, the restoration of order and discipline: “cleaning up” cities of
rioters, foreigners and strikers who interfere with the normal processes of commerce and urban life. The emerging polar opposition is between an abstract
pubic order as the supreme need, on the one hand, and rights as a luxury, on the
other – between the concept of security as detached from the conceptual core
of rights, and its total appropriation by the forces of public order. As we reached
the mid-2000s, the distance that separates rights and “security” increasingly
grew.
One should view the inexplicable inaction of the judiciary towards severe Nazi criminal violence until September 2013 in this context. The Greek judiciary sadly
followed along with a general intensiication of repression, hardening of sentences, and downsizing of rights on all levels.
In speaking of judges, one cannot but refer also to coninement, either penal or administrative. The general and indiscriminate subjection of foreigners to inhuman and degrading treatment in detention centres for foreigners41 was followed by a systematic denial by all administrative courts of irst instance in the
country – especially ater the police operation “Zeus Xenios” in 2012. Courts
refused either to accept the temporary suspension of enforcement of expulsion
orders or to hear objections against detention.
A discourse on prison cannot avoid that foreigners now constitute the main population of prisons nowadays. According to the latest data of the Ministry of Justice,
found in the explanatory statement to Law 4043/2012, foreign prisoners make
up about 7,000 out of a total 12,500 prisoners in the country. This over-representation of foreigners is inversely proportionate to the foreign population
in Greece, as well as to their absolute participation in crime. This should be a
commonplace by now.
Thus, the social relationship of a judge with these images, as well as the experience
of a public prosecutor who is appointed prison supervisor and is supposed “to
implement the legal provisions regarding the treatment of prisoners, as well
as penal code provisions and the special laws concerning the enforcement of
sentences and the implementation of security measures”, but actually admin-
41.
44 |
This treatment has been characterized as such by the European Court of Human Rights
(ECHR) case-law; cf. Tabesh vs. Greece (Decision) and, of course, MSS vs. Belgium and
Greece.
ROSA LUXEMBURG STIFTUNG
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