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Ecri Report on Greece CRI(2015)1 ECRI REPORT ON GREECE (fifth monitoring cycle) Adopted on 10 December 2014 Published on 24 February 2015 ECRI Secretariat Directorate General II - Democracy Council of Europe F-67075 STRASBOURG Cedex Tel.: + 33 (0) 3 90 21 46 62 Fax: + 33 (0) 3 88 41 39 87 E-mail: [email protected] www.coe.int/ecri ECRI REPORT ON GREECE (fifth monitoring cycle) Adopted on 10 December 2014 Published on 24 February 2015 T ABLE OF CONTENTS FOREWORD ................................................................................................................ 7 SUMMARY ................................................................................................................... 9 FINDINGS AND RECOMMENDATIONS .................................................................... 13 I. COMMON TOPICS ................................................................................................ 13 1. LEGISLATION AGAINST RACISM AND RACIAL DISCRIMINATION ..................... 13 - PROTOCOL NO. 12 TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS .. 13 - CRIMINAL LAW ....................................................................................... 13 - CIVIL AND ADMINISTRATIVE LAW .............................................................. 15 - INDEPENDENT AUTHORITIES ................................................................... 16 2. HATE SPEECH ....................................................................................... 17 - DATA .................................................................................................... 17 - POLITICAL AND OTHER FORMS OF PUBLIC RACIST DISCOURSE ................... 18 - HATE SPEECH BY POLITICAL EXTREMISTS IN PARLIAMENT ......................... 20 - HATE SPEECH IN THE MEDIA AND ON THE INTERNET ................................. 21 - HOMO- / TRANSPHOBIC SPEECH ............................................................. 22 3. RACIST AND HOMO- / TRANSPHOBIC VIOLENCE ........................................ 22 - OFFICIAL DATA ...................................................................................... 22 - EXTENT OF THE REAL PROBLEM .............................................................. 23 - RACIST VIOLENCE IN THE POLICE FORCE ................................................. 25 - REPORTING OF RACIST VIOLENCE ........................................................... 26 - MEASURES TAKEN BY THE AUTHORITIES .................................................. 26 4. INTEGRATION POLICIES .......................................................................... 28 - MIGRANTS ............................................................................................ 28 - MEASURES TAKEN BY THE AUTHORITIES .................................................. 28 - ROMA ................................................................................................... 31 - THE MUSLIM MINORITY OF WESTERN THRACE ......................................... 33 II. TOPICS SPECIFIC TO GREECE ........................................................................... 35 1. INTERIM FOLLOW-UP RECOMMENDATIONS OF THE FOURTH ROUND ............ 35 2. OTHER .................................................................................................. 35 2.1 IRREGULAR MIGRANTS ........................................................................... 35 2.2 POLICIES TO COMBAT DISCRIMINATION AND INTOLERANCE AGAINST LGBT PERSONS ....................................................................... 37 2.3 POLITICAL EXTREMISM ........................................................................... 38 INTERIM FOLLOW-UP RECOMMENDATIONS ......................................................... 41 LIST OF RECOMMENDATIONS ................................................................................ 43 BIBLIOGRAPHY ........................................................................................................ 47 5 FOREWORD The European Commission against Racism and Intolerance (ECRI), established by the Council of Europe, is an independent human rights monitoring body specialised in questions relating to racism and intolerance. It is composed of independent and impartial members appointed on the basis of their moral authority and recognised expertise in dealing with racism, xenophobia, anti-Semitism and intolerance. In the framework of its statutory activities, ECRI conducts country-by-country monitoring work, which analyses the situation in each of the member States regarding racism and intolerance and draws up suggestions and proposals for dealing with the problems identified. ECRI’s country-by-country monitoring deals with all member States of the Council of Europe on an equal footing. The work takes place in 5-year cycles, covering 9-10 countries per year. The reports of the first round were completed at the end of 1998, those of the second round at the end of 2002 and those of the third round at the end of 2007, and those of the fourth round will be completed at the beginning of 2014. Work on the fifth round reports started in November 2012. The working methods for the preparation of the reports involve documentary analyses, a visit to the country concerned, and then a confidential dialogue with the national authorities. ECRI’s reports are not the result of inquiries or testimonial evidence. They are analyses based on a great deal of information gathered from a wide variety of sources. Documentary studies are based on a large number of national and international written sources. The in situ visit provides the opportunity to meet with the parties directly concerned (both governmental and non-governmental) with a view to gathering detailed information. The process of confidential dialogue with the national authorities allows the latter to provide, if they consider it necessary, comments on the draft report, with a view to correcting any possible factual errors which the report might contain. At the end of the dialogue, the national authorities may request, if they so wish, that their viewpoints be appended to the final ECRI report. The fifth round country-by-country reports focus on four topics common to all member States: (1) Legislative issues, (2) Hate speech, (3) Violence, (4) Integration policies and a number of topics specific to each one of them. The fourth-cycle interim recommendations not implemented or partially implemented during the fourth monitoring cycle will be followed up in this connection. In the framework of the fifth cycle, priority implementation is requested again for two specific recommendations chosen from those made in the report. A process of interim follow-up for these two recommendations will be conducted by ECRI no later than two years following the publication of this report. The following report was drawn up by ECRI under its own responsibility. Except where expressly indicated, it covers the situation up to 18 June 2014. Developments since that date are neither covered in the following analysis nor taken into account in the conclusions and proposals therein. 7 SUMMARY Since the adoption of ECRI’s fourth report on Greece on 2 April 2009, progress has been made in a number of fields. Following a dramatic increase in the number of incidents of racist violence in recent years, which was linked to the rise of the neo-Nazi party Golden Dawn, the Ministry of Public Order and Citizen Protection, in late 2012, introduced special units within the police to tackle racist violence. These units are mandated to carry out in-depth investigations into racist attacks; they can also open an investigation ex officio and receive anonymous complaints. In October 2013, a Public Prosecutor for the prosecution of acts of racist violence was appointed. In September 2013, the leadership of Golden Dawn was arrested and remanded in custody on criminal charges. The Greek Parliament subsequently changed the rules for the public financing of political parties. Funding can now be cancelled if a party’s leaders, or 10% of its members of parliament, are convicted of involvement in a "criminal organisation" or "acts of terrorism". In September 2014, a new anti-racism law, Law 4285/2014, was adopted by the Greek Parliament, aiming at strengthening the existing anti-racism criminal legislation. The Ministry of Justice, Transparency and Human Rights has included the fight against racism and racist violence into its Human Rights National Action Plan 2014-2016. Law 3852 of 2010 established the framework for local integration councils. There are approximately 100 such councils operating across the country, serving as a useful integration tool by providing a platform for dialogue between the different migrant communities and the municipal authorities. In 2013, Article 79(3) of the Criminal Code, which already listed racist and homophobic motivation as an aggravating circumstance, was amended to include gender identity and make it impossible to impose a suspended sentence. Law 4285/2014 abolished the part of Article 79(3) on aggravating circumstances and introduced Article 81A to the Criminal Code, rendering more severe the lowest sentences that can be imposed for hate motivated offences. Colour was added to the list of grounds and, again, the sentences cannot be suspended. ECRI welcomes these positive developments in Greece. However, despite the progress achieved, some issues give rise to concern. Greece has still not ratified Protocol No. 12 to the European Convention on Human Rights and the authorities have not indicated any intention to prepare ratification. Although the Greek
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