Communication: Government: Greece, sent on 9 June 2005

POLITICAL RIGHTS, INCLUDING THE QUESTION OF RELIGIOUS INTOLERANCE

Addendum
Summary of cases transmitted to Governments and replies received

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Communication
Government: Greece
sent on 9 June 2005

136. The Special Rapporteur brought the following cases to the attention of the On 10 May 2005, Makedonas Alexandridis , a Jehovah's Witness, was sentenced by the Military Court of Ioannini to six months of imprisonment for insubordination and disobedience. It was reported that Mr. Alexandridis has performed military service in Russia prior to moving to Greece and becoming a conscientious objector. He applied for conscientious objector status, but the Greek Law 2510/1997 excludes anyone who has previously served in any armed forces from the right to conscientious objection.
On 17 May 2005, Andreas Anastasiou, a Jehovah's Witness, was reportedly sentenced by the Military Court in Larissa to six months of imprisonment, for refusing reserve duty. He had already served his military service in the Greek army prior to becoming a Jehovah's Witness.
On 18 May 2005, Nikos Baltoukas , aged 37, was sentenced by the Military Court of Xanthi to 15 months of imprisonment on charges of insubordination for refusing to perform one week of military reserve duty.
Mr. Baltoukas had performed his military service in 1990-91. When he was called up for reserve duty on 31 October 2004, he refused to report, based on reasons of conscience.
On 23 May 2005, conscientious objector Georgios Koutsomanolakis was sentenced by the Military Court of Athens to a suspended 24-month prison term on charges of insubordination. Reports indicate that Mr. Koutsomanolakis was already charged with insubordination in 1979, at a time when there was no alternative service in Greece, because as a Jehovah’s Witness he refused to serve military service on religious grounds. He fled Greece and was granted political asylum in Germany, where he has been living since then. He was reportedly arrested on 12 May 2005 on the Greek island of Rhodes while visiting his parents and he was transferred to Korydallos prison on 16 May 2005 where he remained imprisoned until his trial.

Response from Government dated 12 August 2005

137. The following information was provided by the Government regarding the handling of these cases by the competent military courts according the legislation in force:
Alexandridis Makedonas , 38 years old, was sentenced on 10 May 2005 by the 5-member Military Court of Ionnina (Judgement no 68/2005), with four to one (4 -1) votes, to six(6) months in prison and to the legal cost (73 Euro), for "Disobedience in times of peace", because, when he was drafted into the Armed Forces (Health Operation Centre-Health Training Centre) on 31 January 2005, he refused to receive clothing and equipment and attend the military training. Instead, he stated that he wished, as a Jehovah's Witness, to serve in "a social political alternative service". The execution of this sentence was suspended for three years and, in the event of lifting or revocation of the suspension, the commutation of the sentence to a fine of 4.40 Euro for each day of imprisonment was ordered. The proceedings revealed that Mr. Alexandridis has carried out 24 months of military service in the Armed Forces of the former Soviet Union and was aware that, in Greece, he was obliged to carry out three-months of military service (presidential decree 292/03). He did not meet the legal requirements because he did not act within the relevant time limit (from
the date of notice until enlistment) although he had been examined twice in the past by the competent exemption committee and he had received two annual deferrals (27 March 2002 and 19 August 2003). An appeal was lodged against the above judgement. A cassation appeal may be lodged against the judgement of the military court of appeal before the Supreme Court.
Andreas Anastasiou, 30 years old, was sentenced on 17 May 2005 by the 5-member Court Martial of Larissa (Judgement no 89/2005), with three to two (3-2) votes, to a total of six (6) months in prison and to the legal costs (E73), for "Disobedience in times of peace", and "draft evasion in times of peace", because, on 28 March 2005, he refused to receive clothing and equipment and attend the military training of his unit (32TYP), invoking his religious beliefs as a Jehovah's Witness and, on 13 September 2003, he did not report to the military camp of 30 MKD to carry out a reserve obligation of nine (9) days, although he was called by special personal notice, again invoking his religious beliefs as a Jehovah's Witness. Therefore, he became a draft evader from 14 September to 10 January 2005. This sentence was commuted by the court to a fine of 4.40 Euros for each day of imprisonment and its execution was suspended for three years. The proceedings revealed that Mr. Anastasiou has carried out armed military service in the Greek Armed Forces in the past. An appeal was lodged against the above judgment. A cassation appeal may be lodged against the above judgment of the military court of appeal before the Supreme Court.
Nikos Baltoukas , 37 years old, was sentenced on 18 May 2005 by the 5-member Court Martial of Xanthi (Judgment No 271/2005) to fifteen months in prison for "Disobedience in times of peace" because he did not enlist, although he was called by special personal notice to enlist on 31 October 2004 to the 25th Engineering Company (LMX) to carry out a reserve obligation. Therefore, he became a draft evader from 1 November 2004 to 4 February 2005. Mr. Baltoukas did not invoke any religious reasons for his refusal. The execution of this sentence was suspended for three years and its commutation to a fine of 4.40 Euro for each day of imprisonment was ordered.
The aforesaid judgment establishes that, in his defence, Mr. Baltoukas stated, inter alia: "... the Greek army has changed radically as to the purpose which it serves. It serves economic interests and, for this reason, they are often beyond the borders. The most important reason for my refusal to carry out the reserve obligation is my class. I am a construction worker and I live with the anxiety of day labour. Therefore am in no position to leave my work each time the army may call me, until I become 45 years old. I defend my country in my own way, and, if I have to.... I will enlist in the extraordinary event that Greece is in danger. I found myself in a situation of conflict of duties ... Politics change; it was different in 1980 and different in 1990. In any event, when I served my regular service, things were more clear". An appeal was lodge d against the above judgment. A cassation appeal may be lodged against the judgment of the military court of appeal before the Supreme Court. I Georgios Koutsomanolakis , 45 years old, was unanimously sentenced on 23 May by the 5-member Court Martial of Athens (Judgment no 645/2205) to two (2) years in prison for "Disobedience in times of peace" because he did not enlist, although he was called to enlist on 6 August TH1979 in the Greek Armed Forces (44 Infantry). Therefore, he became a draft evader from 7 August 1979 to 1 January 2005, when his draft thevasion was discontinued by law, having attained his 45 year of age. He invoked his religious beliefs as a Jehovah's Witness for the non-enlistment. The above sentenced was commuted by the court to a fine of 4.40 Euro for each day of imprisonment and its execution was suspended for three years. A thirteen-day period of detention was deducted from the two-year sentence, during which Mr. Koutsomanolakis was detained in Korydallos prison awaiting trial. An appeal was lodged against the above judgment. A cassation appeal may be lodged against the judgment of the military court of appeal before the Supreme Court.

Observations

138. The Special Rapporteur is grateful for the Government’s detailed response to her communication. However, she notes with concern the strict time limits for applying for conscientious objector status . In this regard, she draws the Government’s attention to Council of Europe Recommendation 1518(2001), which invites member states to introduce into their legislation "[t]he right to be registered as a conscientious objector at any time before, during or after conscription, or performance of military service". This acknowledges that conscientious objection may develop over time, and even after a person has already participated in military training or activities.

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Source: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G06/121/25/PDF/G0612125.pdf?…