Yearbook of the European Convention on Human Rights Yearbook of the European Convention on Human Rights the European Commission and European Court of Human Rights

YEARBOOK OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS YEARBOOK OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS THE EUROPEAN COMMISSION AND EUROPEAN COURT OF HUMAN RIGHTS

THE GREEK CASE

MARTINUS NIJHOFF / THE HAGUE / 1972 © I972 by Martinus Nijhoff, The Hague, Netherlands Softcover reprint of the hardcover 1st edition 1972 All rights reserved, including the rights to translate or to reproduce this book or parts thereof in atry form

ISBN 978-94-015-1226-8 ISBN 978-94-015-1224-4 (eBook) DOT 10.1007/978-94-015-1224-4 Introduction

This Volume contains the Report of the European Commission of Human Rights on the "Greek Case" (Applications No. 3321/67, Den• mark v. Greece; No. 3322/67, Norway v. Greece; No. 3323/67, Sweden v. Greece; No. 3344/67, Netherlands v. Greece) and the Resolution DH (70) 1 adopted by the Committee of Ministers of the Council of Europe on 15 April 1970 relating to this case. These four applications, which were filed with the Commission of Human Rights in September 1967, alleged that the Greek Government which had come into power in April of that year had violated its obliga• tions under the European Convention on Human Rights. They referred to the suspension of certain articles of the Greek Constitution and other legislative measures and administrative practices; they alleged that, re• gardless of any individual or specific injury, these acts affected the cor• responding Articles of the Convention on Human Rights. The Applicant Governments also submitted that the derogation made by the Greek Government under Article 15 of the Convention (which permits a government to take measures derogating from its obligations under the Convention in time of war or public emergency) was not justified. The Commission on 2 October 1967, decided to give priority to these cases and, after hearing the submissions of the parties on 23 and 24 January 1968, it declared the applications admissible on 24 January 1968. The decision on admissibility was published in this Yearbook Vol. 11, pages 690 to 728. In March 1968, the three Scandinavian Governments added new allega• tions, alleging numerous cases of torture or ill-treatment of political prisoners amounting to an administrative practice, contrary to Article 3 of the Convention; alleging that the Constitutional Act "Eta" of 11 July 1967 constituted retroactive penal legislation, contrary to Article 7, and introduced measures of confiscation, contrary to Article 1 of the First Protocol; and, finally, that the absence of free elections, which prevented the people from freely expressing their opinion in the choice of the legis• lature, was contrary to Article 3 of the First Protocol. On 31 May 1968, the Commission, again after hearing the submissions of the Parties, declared these new allegations admissible. The second decision of the Commission on admissibility was published in Volume 11 of this Year• book at pages 730 to 780. The Sub-Commission, which was set up to ascertain the facts of the case, held various sessions during 1968 and 1969 and heard a large number of witnesses. (Yearbook Vol. 11, page 58; Yearbook Vol. 12, page 104). VI INTRODUCTION

On 18 November 1969 the Commission of Human Rights transmitted to the Committee of Ministers of the Council of Europe the report which it had drawn up in accordance with Article 31 of the Convention. After three months had elapsed without the case being referred to the European Court of Human Rights, the Committee of Ministers, in accordance with Article 32 of the Convention, adopted on 15 April 1970 its Resolution DH (70) 1. At the same meeting, the Committee of Ministers decided to authorise the publication of the Report of the Commission on the above mentioned applications. In the meantime, at the Forty-Fifth Session of the Committee of Ministers of the Council of Europe, on 12 December 1969, when the Committee was discussing certain recommendations of the Consultative Assembly relating to the situation in Greece, the Greek Government denounced the Statute of the Council of Europe and the European Con• vention on Human Rights (Yearbook Vol. 12, pages 78 to 84). In accordance with Article 65 (1) of the European Convention on Human Rights, the Greek denunciation had the effect that Greece ceased to be a party to the Convention on 13 June 1970. This Volume contains the Report of the European Commission of Human Rights on the "Greek Case" in a slightly abbreviated form, and the Resolution of the Committee of Ministers of 15 April 1970. For reasons of space, several of the Annexes to Chapter IV and several of the Appendices to the Report as a whole are omitted from this edition; their absence, however, will not deprive the reader of any essential information. In accordance with the constant practice of the Committee of Ministers, that part of the Report relating to the attempt to reach a friendly settlement remains confidential and is therefore not published. Departing from the usual practice, and as a quite exceptional measure, this Volume contains only the English text, which is the original text, of the Report. The full text of the French translation, in a roneotyped edition, may be obtained on request from the Directorate of Human Rights, Council of Europe, Strasbourg.

A. H. ROBERTSON Strasbourg, Head of the Directorate 30 July, 1971 of Human Rights SUMMARY TABLE OF CONTENTS

Page

Introduction V

REPORT OF THE EUROPEAN COMMISSION OF HUMAN RIGHTS ON THE "GREEK CASE" 1

INTRODUCTION 5

PART A: History of Proceedings and Points at Issue 9

PART B: Establishment of the Facts and Opinions of the Commission:

CHAPTER I: Article 15 of the Convention 29

CHAPTER II: Articles 5, 6, 8, 9, 10, 11, 13 and 14 of the Convention and Article 3 of the First Protocol 120

CHAPTER III: Article 7 of the Convention and Article 1 of the First Protocol 181

CHAPTER IV: Article 3 of the Convention 186

RESOLUTION DH (70) 1 OF THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE 511

ANNEXES TO CHAPTER IV 519

APPENDICES TO THE REPOR T 673 TABLE OF CONTENTS

Pages Introduction V REPORT OF THE EUROPEAN COMMISSION OF HUMAN RIGHTS ON THE "GREEK CASE" 1 LIST OF PRINCIPAL DOCUMENTS 3 INTRODUCTION 5

PART A HISTORY OF PROCEEDINGS AND POINTS AT ISSUE CHAPTER I - HISTORY OF PROCEEDINGS 11 1. ADMISSIBILITY STAGE 11 2. PROCEEDINGS BEFORE THE SUB-COMMISSION 12 3. FURTHER PROCEEDINGS BEFORE THE COMMISSION 17 4. OPINION OF MR. DELAHAYE 18

CHAPTER II - POINTS AT ISSUE 19 1. FIRST DECISION ON ADMISSIBILITY 19 2. SECOND DECISION ON ADMISSIBILITY 21 3. POINTS AT ISSUE UNDER THE TWO DECISIONS 24 4. SUBMISSIONS BEFORE THE SUB-COMMISSION 25 5. ORDER OF PRESENTATION 26

PART B ESTABLISHMENT OF THE FACTS AND OPINION OF THE COMMISSION CHAPTER I - ARTICLE 15 OF THE CONVENTION 29

A. ISSUES ARISING UNDER ARTICLE 15 29

B. WHETHER A REVOLUTIONARY GOVERNMENT CAN DEROGATE FROM PROVISIONS OF THE CONVENTION UNDER ARTICLE 15 31 I. Submis&ions of the parties 31 1. Respondent Government 31 2. Applicant Governments 31 II. Opinion of the Commission 32

C. WHETHER THE REQUIREMENTS OF ARTICLE 15, PARAGRAPH (3), HAVE BEEN FULLY MET BY THE RESPONDENT GOVERNMENT 33 I. Requirements of Article 15 (3) 33 II. Communications made by the Government of Greece to the Secre- tary-General under Article 15 33 III. Submissions of the parties 39 IV. Opinion of the Commission 41 TABLE OF CONTENTS IX

Pages V. Dissenting opinion of Mr. Delahaye 43 VI. Dissenting opinion of Mr. Fawcett 44 VII. Dissenting opinion of Mr. Eustathiades 44

D. WHETHER THERE WAS, ON 21sT APRIL, 1967 A PUBLIC EMERGENCY IN GREECE THREATENING THE LIFE OF THE NATION 44 I. Introduction 44 II. The Communist danger 45 1. General statements of the parties 45 2. Evidence before the Commission 49 3. Examination of the evidence by the Commission 52 III. The crisis of constitutional government 58 1. General statements of the parties 58 2. Evidence before the Commission 60 3. Examination of the evidence by the Commission 61 IV. The crisis of public order 65 1. General statements of the parties 65 2. Evidence before the Commission 66 3. Examination of the evidence by the Commission 67 V. Opinion of the Commission 71 1. The meaning of the term "public emergency threatening the life of the nation" 71 2. The criteria governing the control of a declaration of public emergency 72 3. As to the situation on 21st April, 1967 73 VI. Dissenting opinion of Mr. Busuttil 76 VII. Dissenting opinion of Mr. Delahaye 76 VIII. Dissenting opinion of Mr. Triantafyllides 80 IX. Dissenting opinion of Mr. Eustathiades 81 X. Dissenting opinion of Mr. Siisterhenn 86

E. THE EVOLUTION OF THE SITUATION FROM 21ST APRIL 1967, TO THE PRESENT TIME 92 I. General statements of the parties 92 II. Evidence before the Commission 93 III. Examination of the evidence by the Commission 94 IV. Opinion of the Commission 100 V. Concurring opinion of Mr. Busuttil 100 VI. Opinion of Mr. Delahaye 101 VII. Opinion of Mr. Eustathiades 102 x TABLE OF CONTENTS

Pages VIII. Dissenting opinion of Mr. Ermacora 102 IX. Dissenting opinion of Mr. Siisterhenn 103 F. WHETHER THE MEASURES TAKEN BY THE RESPONDENT GOVERNMENT WERE STRICTLY REQUIRED BY THE EXIGENCIES OF THE SITUATION 103 I. Opinion of the Commission 103 II. Opinion of Mr. Busuttil 104 III. Opinion of Mr. Delahaye 104 IV. Opinion of Mr. Eustathiades 104 V. Opinion of Mr. Siisterhenn 110

G. WHETHER ARTICLES 17 AND 18 OF THE CONVENTION EXCLUDE THE PRESENT DEROGATIONS UNDER ARTICLE 15 OF THE CONVENTION 111 I. Submissions of the parties 111 II. Opinion of the Commission 112

H. WHETHER THE MEASURES TAKEN BY THE RESPONDENT GOVERNMENT ARE CONSISTENT WITH OTHER OBLIGATIONS OF GREECE UNDER INTERNATIONAL LAW 112 I. Introduction 112 II. Opinion of the Commission 113

I. OPINION OF MR. BUSUTTIL 113

CHAPTER II - ARTICLES 5, 6, 8, 9,10, 11, 13 AND 14 OF THE CON- VENTION AND ARTICLE 3 OF THE FIRST PROTOCOL 120 A. INTRODUCTION 120

B. DEPRIVATION OF LIBERTY IN RELATION TO ARTICLE 5 OF TIlE CONVENTION 121 I. Submissions of the parties 121 II. Evidence before the Commission 123 III. Examination of the evidence by the Commission 125 1. Suspension of constitutional provisions 125 (a) Constitution of 1952 125 (b) Constitution of 1968 125 2. Legislation concerning deprivation of liberty 127 (a) Law on the State of Siege 127 (b) Detention under administrative order 128 3. Practice concerning deprivation of liberty 129 (a) Arrest 129 (b) Detention under administrative order 131 (c) Transfer and confinement to certain localities 133 (d) House arrest 134 TABLE OF CONTENTS XI

Pages IV. Opinion of the Commission 134 V. Opinion of Mr. Delahaye 136

C. ARTICLE 6 OF THE CONVENTION 136 I. Submission of the parties 136 II. Evidence before the Commission 138 III. Examination of the evidence by the Commission 139 1. Suspension of constitutional provisions 139 (a) Constitution of 1952 139 (b) Constitution of 1968 140 2. Courts martial 140 3. Action by the Government with regard to the judiciary 143 (a) Dismissal of 30 judicial officers 143 (b) Council of State 144 4. Evidence concerning particular trials 145 IV. Opinion of the Commission 147

D. ARTICLE 8 OF THE CONVENTION 149 I. Submissions of the parties 149 II. Evidence before the Commission 149 III. Examination of the evidence by the Commission 150 1. Suspension of constitutional provisions 150 (a) Constitution of 1952 150 (b) Constitution of 1968 150 2. Further legislation and administrative practice 152 (a) Right to respect for one's home 152 (b) Family life 152 IV. Opinion of the Commission 152 V. Opinion of Mr. Delahaye 153

E. ARTICLES 9, AND 10 IN CONJUNCTION WITH ARTICLE 14 OF THE CONVENTION 153 I. Submission of the parties 153 II. Evidence before the Commission 154 III. Examination of the evidence by the Commission 159 1. Suspension of constitutional provisions 156 (a) Constitution of 1952 156 (b) Constitution of 1968 157 2. Press censorship 158 3. Other aspects of articles 9 and 10 163 XII TABLE OF CONTENTS

Pages IV. Opinion of the Commission 164 1. Press censorship 164 2. Other aspects of Articles 9 and 10 164 V. Opinion of Mr. Delahaye 165

F. ARTICLE 11 OF THE CONVENTION 165 I. Submissions of the parties 165 II. Evidence before the Commission 166 III. Examination of the evidence by the Commission 167 1. The suspension of constitutional provisions protecting the free- doms of assembly and association 167 (a) Constitution of 1952 167 (b) Constitution of 1968 167 2. Further measures affecting the freedom of assembly 169 IV. Opinion of the Commission 170 V. Opinion of Mr. Delahaye 172

G. ARTICLE 13 OF THE CONVENTION 172 I. Submissions of the parties 172 II. Evidence before the Commission 173 III. Opinion of the Commission 174

H. ARTICLE 3 OF THE FIRST PROTOCOL 175 I. Submissions of the parties 175 II. Evidence before the Commission 176 III. Examination of the evidence by the Commission 176 1. Provisions of the Constitution of 1968 176 2. The present situation 179 IV. Opinion of the Commission 179 V. Opinion of Mr. Delahaye 180 CHAPTER III - ARTICLE 7 OF THE CONVENTION AND ARTICLE 1 OF THE FIRST PROTOCOL 181 A. SUB~lISSIONS OF THE PARTIES 181 I. Applicant Governments 181 1. As to Article 7 of the Convention 181 2. As to Article 1 of the First Protocol 182 II. Respondent Government 183 1. As to Article 7 of the Convention 183 2. As to Article 1 of the First Protocol 184

B. OPINION OF THE COMMISSION 184 TABLE OF CONTENTS XIII

Pages CHAPTER IV - ARTICLE 3 OF THE CONVENTION A. INTRODUCTION 186 I. Character and scope of allegations under Article 3 186 II. Sub-Commission's investigation 189 III. Parties' final submissions 192 IV. Preliminary issues 194 A. The notion of an administrative practice of torture or ill-treatment 194 B. Standard and means of proof 196 V. Order of presentation 198

B. ESTABLISHMENT OF THE FACTS BY THE SUB-COMMISSION 200 I. Cases of physical torture or ill-treatment where the alleged victims were heard by the Sub-Commission 200 A. Cases relating to the Athens Asphalia 200 Introduction: Athens Asphalia Headquarters 200 1. N. Vardikos 203 2. P. VIas sis 208 3. Y. Leloudas 215 4. Miss C. Arseni 225 5. Mrs. A. Tsirka 244 6. A. Lendakis 259 7. P. Korovessis 274 B. Cases concerning military authorities in and near Athens 292 Introduction: Dionysos Camp 292 1. E. Veryvakis 293 2. D. Livanos 300 C. Cases relating to the Piraeus Asphalia 308 Introduction: Piraeus Asphalia Headquarters 308 C. Papagiannakis, G. Yotopoulos and N. Ambatielos 312 D. Cases relating to the Salonica Security Forces 351 1. C. Meletis 351 2. Miss G. Pangopoulou 363 E. Cases relating to other localities 366 1. P. Marhetakis 366 2. B. Karaosman 371 II. Evidence on cases of alleged physical torture or ill-treatment of persons prevented from appearing before the Sub-Commission 385 Introduction 385 A. Cases relating to the Athens Asphalia 386 1. G. Notaras 386 XIV TABLE OF CONTENTS

Pages 2. Miss M. Kallerghi 403 3. Y. Petropoulos 408 4. N. Kiaos 410 5. E. Tsiloglou 414 B. Cases relating to military authorities in or near Athens 417 A. Panagoulis 417 C. Cases relating to the Salonica Security Forces 427 S. Nestor, G. Sipitanos and C. Pyrzas 427 D. Cases relating to other localities 435 P. Gavalas 435 III. Evidence on certain other cases of alleged physical torture or ill- treatment 439 1. Xintavelonis 439 2. Mrs. A. Papanicola 445 3. A. Dakos 450 IV. Further allegations of physical torture or ill-treatment 454 A. Allegations concerning other victims called as witnesses but whom the respondent Government refused to make available 454 B. Allegations contained in written statements 457 V. Allegations of non-physical torture or ill-treatment 461 A. Attacks on prisoner's own feelings 461 B. Attacks on feelings for others 464 VI. Detention conditions 467 A. The detention conditions in Bouboulinas Street 468 B. The detention conditions in the Piraeus Asphalia 480 C. The detention conditions in A veroff Prison 482 D. The detention conditions in the camps on the Island of Leros 489

C. OPINION OF THE COMMISSION 498 A. General 498 B. Evidence of a practice of torture and ill-treatment 501 C. Summary 503 Individual opinions of members 506 RESOLUTION DH (70) 1 of the Committee of Ministers 511 Appendix to the Resolution containing the proposlas of the European Commission of Human rights 514

ANNEXES TO CHAPTER IV Complete list of titles to the Annexes to Chapter IV. For reasons of space, only Annex V and in part Annex VI are preproduced in this publication.

ANNEX I List of submissions and documents not reproduced TABLE OF CONTENTS xv

Pages

ANNEX II Torture allegations said to have been raised before the Extraordinary Courts Martial and enquiries conducted not reproduced

ANNEX III List of witnesses heard by the Sub-Commission with regard to Article 3 of the Convention not reproduced

ANNEX IV A. List of witnesses summoned by the Sub-Commission but not heard for various reasons B. Witnesses proposed by the Parties but not summoned by the Sub-Com- mission not reproduced ANNEX v Alleged cases of torture and/or other treatment contrary to Article 3 of the Convention 519 Introduction 519 I. Athens and suburban police localities 521 1. Bouboulinas Street 521 2. Gendarmerie Stations in the suburbs and near Athens 567 3. Other localities under the control of Athens Asphalia 571 II. Piraeus Asphalia 575 III. Localities under control of military authorities in and near Athens 587 IV. Salonica Gendarmerie 597 V. Localities under military control, in and near Salonica 611 VI. Crete 615 VII. Police stations in other parts of Greece 623 VIII. Assembly places for arrested persons in April 1967 629 IX. Various localities 635 X. Unidentified places 641

ANNEX VI Plans and photographs of the Athens and Piraeus security police buildings (extracts) 655 Photographs of the Athens security police buildings 657 Photographs of the Piraeus security police buildings 667

ANNEX VII History of facts relating to the respondent Government's obligation under Article 28 (a) of the Convention not reproduced

APPENDICES TO THE REPORT 673 Complete list of titles to the Appendices for reasons of space only Appendices IV, VIII and XVIII are reproduced in this publication

APPENDIX I Decision of the Commission as to the admissibility of the applications (24th January, 1968) (cf. Yearbook, XI, pp. 690 If.)

APPENDIX II Decision of the Commission as to the admissibility of the new allegations made by the first three applicant Governments (31st May, 1968) (cf. Yearbook, XI, pp. 730 If.) XVI TABLE OF CONTENTS

Pages APPENDIX III Schedule of proceedings not reproduced APPENDIX IV Communications addressed by the Government of Greece to the Secretary General under Article 15 673

APPENDIX v Witnesses summoned in connection with Article 15 of the Convention who failed to appear before the Sub-Commission not reproduced

APPENDIX VI Witnesses proposed by the parties but not summoned by the Sub-Commission in connection with Article 15 of the Convention not reproduced

APPENDIX VII Documents considered by the Commission in connection with the respondent Government's assertion about Communist activities on and before 21st April, 1967 not reproduced APPENDIX VIII General plan of action 686

APPENDIX IX Documents considered by the Commission in connection with the respondent Government's assertion about the crisis of constitutional Government on and before 21st April, 1967 not reproduced

APPENDIX X Documents considered by the Commission in connection with the respondent Government's assertion about the crisis of public order on and before 21st April, 1967 not reproduced

APPENDIX XI Documents submitted on the period after 21st April, 1967 not reproduced

APPENDIX XII Documents considered by the Commission in relation to Article 5 of the Convention not reproduced

APPENDIX XIII Documents considered by the Commission in relation to Articles 6 and 13 of the Convention not reproduced

APPENDIX XIV Documents considered by the Commission in relation to Article 8 of the Convention not reproduced

APPENDIX xv Documents considered by the Commission in relation to Articles 9, 10 and 14 of the Convention not reproduced

APPENDIX XVI Documents considered by the Commission in relation to Article 11 of the Convention not reproduced

APPENDIX XVII Documents considered by the Commission in relation to Article 3 of the First Protocol not reproduced

APPENDIX XVIII Constitutional Acts enacted since 21st April, 1967 691 Report of the European Commission of Human Rights on the "Greek Case" LIST OF PRINCIPAL DOCUMENTS

Full title Cited as

Letter of 19th September, 1967, from the Letter of respondent Government to the Secretary 19th September, 1967. General of the Council of Europe (repro• duced at Appendix V to this Report). Applications filed on 20th September, 1967, Applications of by the Governments of Denmark, Norway 20th September, 1967. and Sweden. Application filed on 27th September, 1967, Application of by the Government of the Netherlands. 27th September, 1967. Observations of the respondent Govern• Observations of ment of 16th December, 1967, on the ad• 16th December, 1967. missibility of the applications - Appendix to Doc. D 22.004 (English translation by the Council of Europe) Verbatim record of the hearing held before Hearing of the Commission on 23rd and 24th January, January 1968. 1968 - Doc. 9205 Joint memorial filed by the applicant Gov• Memorial of ernments of Denmark, Norway and Sweden 25th March, 1968. on 25th March, 1968 (VoL I, unless other• wise quoted). Memorial filed by the applicant Govern• Netherlands ment of the Netherlands on 25th March, memorial of 1968 - Doc. D 23.643 of the Council of 25th March, 1968. Europe. Observations of the respondent Govern• Observations of ment of 27th May, 1968, on the admissibil• 27th May, 1968. ity of the new allegations - Doc. 10.163 (English translation by the Council of Europe). Verbatim record of the hearing held before Hearing of May 1968. the Commission on 28th, 29th and 31 st May, 1968 - Doc. 10.486. Memorial of the respondent Government Memorial of of 6th July, 1968, on the merits of the case - 6th July, 1968. Doc. 10.683 (English translation by the Council of Europe). 4 LIST OF MAIN DOCUMENTS

Full title Cited as

Memorial of the respondent Government Memorial of of 19th August, 1968, on the merits of the 19th August, 1968. new allegations - Doc. 10.954 (English translation by the Council of Europe). Verbatim record of the hearing held before Hearing of the Sub-Commission from 23rd to 27th September 1968. September, 1968 - Doc. 11.419. Memorial of the respondent Government of Memorial of 15th November, 1968 - Doc. D 27.974 November, 1968. (English translation by the Council of Europe) Verbatim record of the hearing of wit• Hearing of nesses before the Sub-Commission from November 1968. 25th to 30th November, 1968 - Vol. I (Doc. 12.297) and Vol. II (Doc. 12.370). The Undermining of the Greek Nation by The Undermining Communism (publication filed by the re• of the Greek Nation. spondent Government on 19th December, 1968). Verbatim record and minutes of the hearing Hearing of of witnesses and visits of localities in Athens March 1969. (10th-20th March, 1969). The Political Situation in Greece from 1944 The Political to the Present - the Communist Danger Situation in Greece. (reproduced at Appendix V to this Report). Verbatim record of the hearing held before Hearing of June 1969. the Sub-Commission on 9th and 10th June, 1969 - Doc. D 31.344.