Out of the spotlight: The rights of foreigners and minorities are still a grey area
37
In a landmark decision in October 2004, the
naval court in Chania, Crete, found five Greek
coastguard officers guilty of physically and
sexually abusing a group of migrants in 2001,
under Article 137 of the Penal Code. All the
officers received suspended sentences.68
One of the pictures released in the press showing
bruising on the leg of one of the victims © Amnesty
International
An internal police investigation was
subsequently launched and charges under
Article 137 of the Penal Code prohibiting
torture were brought against two policemen.
The investigation was concluded by May 2005,
but the results not made public. At that time, a
criminal investigation was still underway.
Amnesty International wrote to the authorities
urging them to ensure that, if enough evidence
was gathered, the suspected perpetrators of
these human rights violations should be
brought to justice. The organization had also
received information that despite the
allegations of ill-treatment of a number of
minors, the Prosecutor for Minors had not been
involved in the investigation.
Amnesty International 5 October 2005
In another case the same year, the Judicial
Council of the Misdemeanours Court of
Athens (- %
( ) on 13
October 2004 accepted the Prosecution’s
proposal not to refer to trial three police
officers, who were accused of ill-treating two
migrants of Pakistani origin in Athens in 2000.
The incident had been recorded and shown in
the news report of a private TV station in
Greece in December 2000. 69 The footage
showed one police officer beating, punching
and swearing at one of the handcuffed
migrants, while the other two police officers
stood by watching and laughing. The
cameraman who recorded the incident also
claimed that he had seen a fourth police officer
punching the second migrant inside the police
car. Following this publicity, Lawyers Without
Borders, an NGO, filed a complaint with the
Prosecutor of the Misdemeanours Court of
Athens against the police officers allegedly
responsible for the ill-treatment under Article
137 (§§ 1 and 2) of the Penal Code and a
criminal investigation was undertaken. The
Judicial Council, in its written decision ruling
that the police officers should not be referred
to trial, cited evidence from the Prosecution’s
proposal which referred to a police officer
“beating [one of the migrants] lightly on the
back while trying to usher him into the police
vehicle”, “kicking him without reason in front
68
One of the officers, Stylianos Dandoulakis, was
found guilty of sexually abusing a man in the toilet.
He was sentenced to 30 months in prison suspended
for five years. Constantine Vardakis, who was
charged with abetting Dandoulakis, received a 12month suspended prison sentence. Ioannis Florakis,
Ioannis Lefakis and Athanassios Moumtzis, were
charged with physically abusing many of the
migrants. All three received an 18-month
suspended prison sentence.
69
‘Alpha’ main news bulletin, 16 December 2000.
AI Index: EUR 25/016/2005
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