The Rule of Law at Stake

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Although the principle of the rule of law stipulates  that no person or institution is above the law, and is considered one of the main pillars of democratic states and a common fundamental value of the European Union, the reality in Greece in the last few years is divergence from this fundamental principle and respect of rights. Governmental policies have brought Greece into the eye of the storm in rule of law related areas.  

Police violence and excessive use of force by law enforcement officials have become  commonplace in Greece. Since 2021 there has been an increase in reports of arbitrariness by law enforcement officers, while ethnic, racial or national characteristics have increased the chances of victimisation. Despite this increase, accountability for police violence and excessive use of force by law enforcement seems to be one of the weakest spots of the Greek Government and Greek judicial system.  

Surveillance, illegal spyware, and restriction of the press jeopardise the rule of law in Greece. According to the Commission’s latest report, attacks and threats against journalists persist and journalists’ professional environment has deteriorated further. In the 2023 World Press Freedom Index published by Reporters Without Borders, Greece was rated as the last country among EU Member States for the second consecutive year. Politicians, journalists, and outlets critical of the government have been targeted by spyware surveillance software, raising serious concerns in relation to the freedom of press.

Further, current migration policies have a “suffocating effect” on human rights defenders, as highlighted by the UN Special Rapporteur on Human Rights Defenders. Alleged efforts to improve border management and combat smuggling have resulted in the criminalisation of humanitarian rescuers aiming to intimidate those helping refugees and asylum seekers at the frontiers. Numerous other problems have been recorded in relation to the registration of civil society actors in the NGO Registry, severely restraining the freedom of association. Therefore, the Commission has called the Greek authorities to “ensure that registration requirements for civil society organisations are proportionate in view of maintaining an open framework for them to operate.” At the same time pushbacks of those seeking international protection at land and sea borders have become part of Greece's strategy.

Several shortcomings have been observed in the judicial system putting the rule of law at stake and affecting particularly those seeking asylum in Greece. The length of the judicial proceedings due to the backlog and lack of adequate resources has been addressed extensively during the past years in the jurisprudence of the European Court of Human Rights (ECtHR). Hearings of cases are scheduled years after the applications were lodged, and in some cases they are being proprio motu postponed multiple times before they are heard. Given the fact that while waiting for the case to be heard and the judgements to be delivered, applicants do not benefit from reception conditions or protection from return, doubts regarding the effectiveness of the process and the protection of the applicants are legitimately raised. Further, Greece has shown contempt for interim measures (Rule 39) ordered by the ECtHR, particularly in cases of need for care and rescue at external borders.

Numerous other oxymorons have arisen jeopardising the rule of law in Greece. For instance, despite the fact that the Greek Government considered Türkiye as a safe third country for applicants of different nationalities since 2021, at least half of the applications examined in 2022 were considered admissible, practically meaning that in the majority of the individual cases Türkiye was not considered as a safe third country. High recognition rate was also recorded for those who passed the admissibility stage.

These are only some of the examples of the serious backsliding of rule of law in Greece in the last few years. In the light of the upcoming Greek elections, we urge those with voting rights, as well as the new Government that will be formed, to advocate for the rule of law, democracy, and fundamental rights.  

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  1. Amnesty International, Greece, Amnesty International Report 2022/23: The state of the world’s human rights, https://www.amnesty.org/en/documents/pol10/5670/2023/en/, p 177
  2. Ombudsman, Ειδική Έκθεση τουΣυνηγόρου του Πολίτη ως Εθνικού Μηχανισμού
  3. ΔιερεύνησηςΠεριστατικών Αυθαιρεσίας για το 2021, https://www.synigoros.gr/el/category/default/post/emhdipa-%22eidikh-ek8esh-toy-synhgoroy-toy-polith-ws-e8nikoy-mhxanismoy-diereynhshs-peristatikwn-ay8airesias-gia-to-2021%22
  4. During 2021 the vast majority of the disciplinary cases investigated by EMIDIPA resulted in a proposal to achieve them as stated by the Greek National Commission for Human Rights,ΕΛ.ΑΣ. Ζητήµατα Υπέρµετρης Αστυνοµικής Βίας και Αυθαιρεσίας, https://www.hlhr.gr/wp-content/uploads/2022/11/%CE%9A%CE%B5%CE%AF%CE%BC%CE%B5%CE%BD%CE%BF-%CE%B8%CE%AD%CF%83%CE%B5%CF%89%CE%BD-%CE%B1%CF%83%CF%84%CF%85%CE%BD%CE%BF%CE%BC%CE%AF%CE%B1-%CE%95%CE%BB%CE%95%CE%94%CE%91.pdf
  5. European Commission, 2022 Rule of Law Report Country Chapter on the rule of law situation in Greece, https://commission.europa.eu/system/files/2022-07/21_1_194014_coun_chap_greece_en.pdf
  6. Reports Without Borders, 2023 World Press Freedom Index, Greece, https://rsf.org/en/country/greece.
  7. UN, Greece: Migration policy having “suffocating effect” on human rights defenders says UN expert
  8. 22 June 2022, https://www.ohchr.org/en/press-releases/2022/06/greece-migration-policy-having-suffocating-effect-human-rights-defenders
  9. HRW, Greece: Life-Saving onTrial Stop Criminalizing Humanitarian Rescuers, November 2021, https://www.hrw.org/news/2021/11/11/greece-life-saving-trial
  10. Απόρριψηεγγραφής στο Μητρώο ΜΚΟ του Υπουργείου Μετανάστευσης και Ασύλου παρά την ύπαρξηόλων των προβλεπόμενων προϋποθέσεων, RSA, November 2021, https://rsaegean.org/el/aporripsi-engrafis-sto-mitroo-mko/
  11. European Commission, 2022 Rule of Law Report Country Chapter on the rule of law situation in Greece, https://commission.europa.eu/system/files/2022-07/21_1_194014_coun_chap_greece_en.pdf
  12. Special Rapporteur on the human rights of migrants, Human Rights violations at international borders:trends prevention and accountability, Report of the Special Rapporteur on the human rights of migrants, Felipe González Morales, A/HRC/50/31, para 32, https://documents-dds-ny.un.org/doc/UNDOC/GEN/G22/328/57/PDF/G2232857.pdf?OpenElement
  13. RSA, Vouliwatch, GCR, Hias Greece, Generation 2.0 and Reporters United,Rule of Law in Greece: Joint Civil Society Submission to the EuropeanCommission, https://rsaegean.org/en/rule-of-law-greece-report/, para 20-31.
  14. ECtHR, Violations by Article and by State, https://www.echr.coe.int/Documents/Stats_violation_1959_2021_ENG.pdf, M.A. and Others v. Greece, M.S.S. v.Belgium and Greece.  
  15. GCR, Hellenic League for HumanRights, GCR and HLHR appeal: safeguard the Rule of Law in Greece, https://gcr.gr/en/news/press-releases-announcements/item/2124-gcr-and-hlhr-appeal-safeguard-the-rule-of-law-in-greece.
  16. RSA, The Greek asylum procedure in figures in 2022, Analysis of main trends in refugee protection, https://rsaegean.org/en/greek-asylum-statistics-2022/
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DATE
Thursday, May 11, 2023
To
Subject

Although the principle of the rule of law stipulates  that no person or institution is above the law, and is considered one of the main pillars of democratic states and a common fundamental value of the European Union, the reality in Greece in the last few years is divergence from this fundamental principle and respect of rights. Governmental policies have brought Greece into the eye of the storm in rule of law related areas.  

Police violence and excessive use of force by law enforcement officials have become  commonplace in Greece. Since 2021 there has been an increase in reports of arbitrariness by law enforcement officers, while ethnic, racial or national characteristics have increased the chances of victimisation. Despite this increase, accountability for police violence and excessive use of force by law enforcement seems to be one of the weakest spots of the Greek Government and Greek judicial system.  

Surveillance, illegal spyware, and restriction of the press jeopardise the rule of law in Greece. According to the Commission’s latest report, attacks and threats against journalists persist and journalists’ professional environment has deteriorated further. In the 2023 World Press Freedom Index published by Reporters Without Borders, Greece was rated as the last country among EU Member States for the second consecutive year. Politicians, journalists, and outlets critical of the government have been targeted by spyware surveillance software, raising serious concerns in relation to the freedom of press.

Further, current migration policies have a “suffocating effect” on human rights defenders, as highlighted by the UN Special Rapporteur on Human Rights Defenders. Alleged efforts to improve border management and combat smuggling have resulted in the criminalisation of humanitarian rescuers aiming to intimidate those helping refugees and asylum seekers at the frontiers. Numerous other problems have been recorded in relation to the registration of civil society actors in the NGO Registry, severely restraining the freedom of association. Therefore, the Commission has called the Greek authorities to “ensure that registration requirements for civil society organisations are proportionate in view of maintaining an open framework for them to operate.” At the same time pushbacks of those seeking international protection at land and sea borders have become part of Greece's strategy.

Several shortcomings have been observed in the judicial system putting the rule of law at stake and affecting particularly those seeking asylum in Greece. The length of the judicial proceedings due to the backlog and lack of adequate resources has been addressed extensively during the past years in the jurisprudence of the European Court of Human Rights (ECtHR). Hearings of cases are scheduled years after the applications were lodged, and in some cases they are being proprio motu postponed multiple times before they are heard. Given the fact that while waiting for the case to be heard and the judgements to be delivered, applicants do not benefit from reception conditions or protection from return, doubts regarding the effectiveness of the process and the protection of the applicants are legitimately raised. Further, Greece has shown contempt for interim measures (Rule 39) ordered by the ECtHR, particularly in cases of need for care and rescue at external borders.

Numerous other oxymorons have arisen jeopardising the rule of law in Greece. For instance, despite the fact that the Greek Government considered Türkiye as a safe third country for applicants of different nationalities since 2021, at least half of the applications examined in 2022 were considered admissible, practically meaning that in the majority of the individual cases Türkiye was not considered as a safe third country. High recognition rate was also recorded for those who passed the admissibility stage.

These are only some of the examples of the serious backsliding of rule of law in Greece in the last few years. In the light of the upcoming Greek elections, we urge those with voting rights, as well as the new Government that will be formed, to advocate for the rule of law, democracy, and fundamental rights.  

Co-signed by

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