Lexploria

The Committee of Ministers,

1. Having regard to Article 32 (art. 32) of the European Convention

for the Protection of Human Rights and Fundamental Freedoms

(hereinafter called "the Convention");

2. Having regard to the report drawn up by the European Commission

of Human Rights (hereinafter called "the Commission") in accordance

with Article 31 (art. 31) of the Convention and relating to the Applications

lodged on 20 September 1967 by the Governments of Denmark, Norway and

Sweden against the Government of Greece (Nos. 3321/67, 3322/67,

3323/67) and on 27 September 1967 by the Government of the Netherlands

against the Government of Greece (No. 3344/67);

3. Whereas the said report was transmitted to the Committee of

Ministers on 18 November 1969 and the period of three months provided

for in Article 32, paragraph 1 (art. 32-1) of the Convention has

elapsed without the case having been brought before the European Court

of Human Rights in pursuance of Article 48 (art. 48) of the Convention;

4. Whereas in their Applications, which were joined by the

Commission, the four Applicant Governments alleged that the respondent

Government had violated Articles 5, 6, 8, 9, 10, 11, 13 and 14 of the

Convention (art. 5, art. 6, art. 8, art. 9, art. 10, art. 11, art. 13,

art. 14) and that it had failed to show that the conditions set out in

Article 15 (art. 15) of the Convention for measures of derogation were

satisfied;

5. Whereas the Governments of Denmark, Norway and Sweden on

25 March 1968 extended their original allegations to Articles 3 and 7

(art. 3, art. 7) of the Convention and Articles 1 and 3 of the First

Protocol (P1-1, P1-3);

6. Whereas the Commission on 24 January 1968 declared the original

applications admissible and on 31 May 1968 declared the new

allegations also admissible;

7. Whereas the Commission in its report has expressed the opinion:

- that legislative measures and administrative practices of the

respondent Government have contravened Articles 5, 6, 8, 9, 10, 11, 13

and 14 (art. 5, art. 6, art. 8, art. 9, art. 10, art. 11,

art. 13, art. 14) of the Convention and Article 3 of the First Protocol

(P1-3);

- that these measures and practices were and are not justified

under Article 15 (art. 15) of the Convention;

- that, by promulgating Constitutional Act "Eta", which was later

interpreted by Constitutional Act "Lambda", the respondent Government

has not violated Article 7 (art. 7) of the Convention or Article 1 of

the First Protocol (P1-1);

- that the respondent Government has violated Article 3 (art. 3) of

the Convention;

8. Considering that the government of Greece has denounced on

12 December 1969, the European Convention on Human Rights and the First

Protocol and that, in accordance with Article 65, paragraph 1

(art. 65-1) of the Convention, this denunciation will become effective

on 13 June 1970;

9. Considering paragraph 2 of Article 65 (art. 65-2) of the

Convention which provides that the denunciation "shall not have the

effect of releasing the High Contracting Party concerned from its

obligations under this Convention in respect of any act which, being

capable of constituting a violation of such obligations, may have been

performed by it before the date at which the denunciation became

effective";

10. Voting in accordance with the provisions of Article 32,

paragraph 1 (art. 32-1) of the Convention;

11. Agreeing with the opinion of the Commission,

12. Decides:

(a) that the Government of Greece has violated Articles 3, 5, 6, 8,

9, 10, 11, 13 and 14 (art. 3, art. 5, art. 6, art. 8, art. 9, art. 10,

art. 11, art. 13, art. 14) of the Convention and Article 3 of the First

Protocol (P1-3);

(b) that the Government of Greece has not violated Article 7 (art. 7)

of the Convention and Article 1 of the First Protocol (P1-1);

13. Having regard to the denunciation of the Statute of the Council

of Europe by the Government of Greece on 12 December 1969;

14. Having regard to the denunciation on the same date by the same

Government of the European Convention on Human Rights and of its

First Protocol, mentioned above;

15. Having regard to Resolution (69) 51 of 12 December 1969;

16. Having considered the proposals made by the Commission in

accordance with paragraph 3 of Article 31 (art. 31-3) of the

Convention;

17. Considering that the Greek Government has declared on

7 December 1969 that it considers the report of the Commission as

"null and void" and that it "does not consider itself legally bound by

the conclusions of the said report";

18. Considering that the Greek Government was given an opportunity to

take part in the discussions of the Committee of Ministers when it was

examining the report of the Commission, but in a letter of

19 February 1970 the Government stated that it had no intention

whatsoever of doing so and that such a participation would be

"inconsistent with Greece's formal denunciation of both the

Commission's report and the European Convention";

19. Considering that these circumstances and communications clearly

established that the Greek Government is not prepared to comply with

its continuing obligations under the Convention and thus with the

system of collective protection of human rights established thereby,

and that accordingly the Committee of Ministers is called upon to

deal with the case in conditions which are not precisely those

envisaged in the Convention;

20. Concludes that in the present case there is no basis for further

action under paragraph 2 of Article 32 (art. 32-2) of the Convention;

21. Concludes that it must take a decision, in accordance with

paragraph 3 of Article 32 (art. 32-3) of the Convention, about the

publication of the report of the Commission;

22. Decides to make public forthwith the report drawn up by the

Commission on the above-mentioned Applications;

23. Urges the Government of Greece to restore, without delay, human

rights and fundamental freedoms in Greece, in accordance with the

Convention and the First Protocol, taking into account, inter alia,

the proposals made by the Commission which are attached hereto;

24. Also urges the Government of Greece, in particular, to abolish

immediately torture and other ill-treatment of prisoners and to

release immediately persons detained under administrative order;

25. And accordingly resolves to follow developments in Greece in this

respect.

A P P E N D I X

PROPOSALS MADE BY THE EUROPEAN COMMISSION OF HUMAN RIGHTS

1. Arrest and detention should in all cases conform with the

provisions of Article 5 (art. 5) of the Convention which implies, in

particular, that the practice of detention, transfer and confinement

to certain localities, and house arrest, under administrative order,

should be abolished, and persons so detained immediately released.

2. The principle of the independence of the judiciary should be

strictly observed which implies that no judge should be suspended or

removed from office save on grounds provided for by law and by the

decision of a tribunal established by law.

The jurisdiction of courts martial should be limited to charges

against members of the Armed Forces and charges against civilians of

offences against the security of the Armed Forces, whereas the

ordinary criminal tribunals should alone be competent to try other

criminal charges against civilians, including all charges of offences

against public order or national security. Proceedings before courts

martial, as well as before ordinary criminal tribunals, should be in

accordance with Article 6 (art. 6) of the Convention which implies

that the rights of defence shall be strictly observed. Any sentences

previously imposed on civilians by extraordinary courts martial should

be subject to review by an ordinary court.

3. The unimpeded access to independent and impartial tribunals

should be assured to persons under arrest who allege that the methods

of interrogation applied by the authorities, or the conditions of

detention, do not conform to the provisions of Article 3 (art. 3) of

the Convention.

4. There should be introduced a close control of the Security Police

(Asphalia) in its treatment of persons under arrest, in particular by:

(i) the supervision by higher authorities of methods of

interrogation;

(ii) the regular and recorded examination of the physical condition

and general health of detainees;

(iii) a requirement that members of the family of any person arrested

or detained on political grounds shall be immediately informed of the

fact by the Security Police (Asphalia) and have reasonable and regular

opportunities to visit the detainee;

(iv) the provision of adequate conditions of hygiene and nutrition for

persons held in detention.

5. The basement cells of the Security Police (Asphalia) building in

Bouboulinas Street, Athens, should no longer be used for detention in

their present condition.

6. The conditions in Averoff Prison, as described in paragraph 16

of Part VI. (C). (Detention Conditions) of Vol. II, Part I of the report

(page 402), should be corrected and the use of detention camps on

Leros should be discontinued.

7. Compensation should be awarded in cases where it has been

established by the Commission that torture or ill-treatment has been

inflicted (paragraph 17 (i) of the Opinion of the Commission:

Vol. II, Part I of the report, page 421).

8. Investigations should be undertaken in the cases mentioned in

paragraph 17 (iii) of the Opinion of the Commission (Vol. II, Part I

of the report, page 422) and in which it has not yet been established

whether or not torture or ill-treatment has been inflicted.

9. Information or comments, whether oral or written, in the press or

elsewhere, which are critical of the Government or the regime, should

not be subject to any sanctions for that reason alone.

10. Free elections to the National Legislature should be held at the

earliest date at which the necessary conditions can be established.

These conditions should assure "the free expression of the opinion of

the people" (Article 3 of the First Protocol to the Convention) (P1-3).

This implies that the freedom of association, for the purpose of

forming political parties, and the freedom of assembly, for the

purpose of holding political meetings, should be promptly restored in

conformity with Article 11 (art. 11) of the Convention. In this

connection the Commission also recalls its proposal made under point 9

above relating to the freedom of expression.

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THE GREEK CASE

THE GREEK CASE