42
Xenakis S., Cheliotis L.
Greek non-compliance with the European human rights regime: An
historical perspective
Greece’s persistent recalcitrance in complying with the ECHR appears paradoxical
given the country’s long and continuing history of submission to repeated and sustained
foreign intervention in its political and legal arrangements. Since achieving independence from 400 years of Ottoman rule in the early 1800s, illustrations of the extensiveness of the country’s experience of Great Power involvement have ranged from
political parties being named after foreign states, to its secret service being established
by a foreign power (see further [28]). Relatedly, Greece’s economic marginality has
been equally deeply engrained; notwithstanding notable national economic growth in
the latter half of the twentieth century, it is indicative that the country has defaulted on
its external loans seven times since attaining statehood. Indeed, the most recent default
also resulted in an extraordinary transfer of control of Greece’s governance to foreign
institutions to whom Greece was indebted (the European Commission, the European
Central Bank, and the International Monetary Fund; see further [29]). Within the
context of the European Union, meanwhile, although membership has grown over
recent decades to include states with weaker economies, Greece has maintained rates of
poverty and inequality that have stood stubbornly amongst the highest in the region.
For a state thus very much of the global semi-periphery (see further [30]), the incentives
and pressures relating to membership of an elite community such as the CoE, and the
adoption of associated rules and norms, have been particularly acute. Indeed, relatively
high levels of support for the pursuit of European integration amongst the Greek public
and political and intellectual elites have been driven by the perceived imperative of
redressing the country’s undue marginality in the international arena (see further [31]).
From early on, the relationship between Greece and the European human rights
regime was not one that would fit the expectations of Risse and Sikkink’s constructivist
‘spiral’ model of a slow process of human rights criticisms first meeting official
resistance and then eventual concessions. Nor, during the period in which Greece joined
the Council of Europe (1949), signed the ECHR (1950), and incorporated the Convention into Greek law (1953), was the European human rights regime so developed and
powerful that it could be credited with having induced Greek adherence by dint of its
success. Rather, as we elaborate below, Greece’s actions at this time were entirely driven
by strategic objectives (both domestic and international) and its relationship to the
human rights regime was wholly superficial. The year that Greece joined the Council
of Europe saw the conclusion of a four-year civil war in the country, which itself had
followed a five-year right-wing military dictatorship (1936–41). Decades of illiberal rule
were to continue against the broader backdrop of the Cold War: emergency anticommunist legislation that originated during the Greek Civil War was only formally
abolished in 1962, and its harsh provisions were all too quickly revived by the country’s
military junta of 1967–74 (see further [32]).
One interpretation of Greece’s attitude towards the ECHR at this juncture is that ‘the
Greek authorities neither examined nor understood the obvious inconsistency of a
considerable part of domestic legislation with the ECHR as an obstacle to its incorporation. […] Accession to the CoE and the ECHR was aimed at concealing rule of law
deficits and securing their participation in the Western alliance’ ([26]: 452, 454).
According to this logic, the substance of the ECHR was irrelevant to the concerns of