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Committee of Ministers Secrétariat Du Comité Des Ministres SECRETARIAT / SECRÉTARIAT SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRÉTARIAT DU COMITÉ DES MINISTRES Contact: Zoe Bryanston-Cross Tel: 03.90.21.59.62 Date: 11/05/2020 DH-DD(2020)410 Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers. Meeting: 1377th meeting (June 2020) (DH) Communication from an NGO (Greek Helsinki Monitor) (20/04/2020) in the case of Chowdury and Others v. Greece (Application No. 21884/15) Information made available under Rule 9.2 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements. * * * * * * * * * * * Document distribué sous la seule responsabilité de son auteur, sans préjuger de la position juridique ou politique du Comité des Ministres. Réunion : 1377e réunion (juin 2020) (DH) Communication d’une ONG (Greek Helsinki Monitor) (20/04/2020) relative à l’affaire Chowdury et autres c. Grèce (requête n° 21884/15) [anglais uniquement] Informations mises à disposition en vertu de la Règle 9.2 des Règles du Comité des Ministres pour la surveillance de l’exécution des arrêts et des termes des règlements amiables. DH-DD(2020)410: Rule 9.2 Communication from an NGO in the Chowdury and others v. Greece. Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers. DGI 20 AVR. 2020 SERVICE DE L’EXECUTION GREEK HELSINKI MONITOR (GHM) DES ARRETS DE LA CEDH Address: P.O. Box 60820, GR-15304 Glyka Nera Telephone: (+30) 2103472259 Fax: (+30) 2106018760 e-mail: [email protected] website: http://greekhelsinki.wordpress.com The President of the Committee of Ministers Department for the Execution of Judgments of the European Court of Human Rights Council of Europe Strasbourg France [email protected] 20 April 2020 Communication on the execution of L.E. v. Greece (application No. 71545/12), T.I. and others v. Greece (application No. 40311/10) and Chowdury and Others v. Greece (Application No. 21884/15) Mr President Under Rules 9(1) and 9(2) of the Rules of the Committee of Ministers for the supervision of the execution of judgments we submit the following communication on the execution of L.E. v. Greece (application No. 71545/12), T.I. and others v. Greece (application No. 40311/10) and Chowdury and Others v. Greece (Application No. 21884/15) and request that it is also uploaded at your special website for the 1377th DH meeting (2-4 June 2020). 1. Introduction Greek Helsinki Monitor (GHM) has been the applicants’ representative in L.E. v. Greece and T.I. and others v. Greece. GHM was one of the two NGOs the government mentioned on 2 October 2002 in Parliament that it had consulted with, ahead of the introduction of the ground-breaking 2002 legislation against human trafficking. The cases of L.E. v. Greece and of T.I. and others v. Greece concern human trafficking for sexual exploitation. The case of Chowdury and Others v. Greece concerns human trafficking for labor exploitation. 2. Individual measures a. (Non-) Payment of amounts awarded as just satisfaction and costs and expenses The reference in the Committee of Ministers information page on L.E. v. Greece in the section on “Status of Execution” that “the amount awarded to the applicant as just satisfaction for non-pecuniary damage was paid” is inaccurate. As GHM has been unable to locate the applicant the amount awarded to the applicant as just satisfaction for non-pecuniary damage was not paid. On the contrary, as mentioned in Greece’s Action Report on this case, “the amount of 3,000 Euros was credited to the bank account of the applicant’s representative in conformance with the operative part of the Court’s judgment.” 1 DH-DD(2020)410: Rule 9.2 Communication from an NGO in the Chowdury and others v. Greece. Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers. This is to be contrasted with the different handling by Greece of the payment for just satisfaction for non- pecuniary damage and for costs and expenses in the case of T.I. and others v. Greece. Again, GHM has been unable to locate the applicants and hence the amounts awarded to them as just satisfaction for non- pecuniary damage were not paid. However, as GHM reported to the Committee of Ministers on 24 February 2020, to paraphrase (with two negations) the above phrase of Greece, “the amount of 3,000 Euros was NOT credited to the bank account of the applicants’ representative in NON-conformance with the operative part of the Court’s judgment.” Greece has failed to submit an Action Plan/Action Report on the execution of the case of T.I. and others v. Greece within six months of the judgment becoming final (on 18 October 2019). b. Court of Cassation appeals ‘in favor of the law’ (αναίρεση υπέρ του νόμου) As Greece has reported in its March 2020 Action Report on Chowdury and Others v. Greece, the Court of Cassation with judgment 2/2019 “has set aside the judgment … of the Patras’ Appeal Court, which has been criticized by the ECrtHR. The Greek Court of Cassation has interpreted the Article 323A΄ of the Greek CC (the previous one), as follows: … “in order to establish the constituent elements of the crime of trafficking in human beings and in particular of labor exploitation, the element of the physical domination of the victim, induced in the various forms of trafficking (recruitment etc) does not require absolute enslavement, total deprivation of the victim’s liberty or the constant and uninterrupted placement of the victim under the perpetrator’s control in order for the victim to be considered in a vulnerable situation;” … In fact, the relevant Greek legislation actually in force, as interpreted above by the Supreme Court as well, disconnects the trafficking of human beings from the consent of the victim to the intended exploitation.” c. Failure to effectively seek out the trafficker of L.E. In the 2016 judgment in the case of L.E. v. Greece, the ECtHR concluded that: «Enfin, en ce qui concerne notamment K.A., l’auteur principal présumé des actes de traite au détriment de la requérante, il ne ressort pas du dossier que les autorités internes ont pris, à part son inscription dans le fichier des recherches criminelles de la police, d’autres initiatives concrètes pour le repérer et l’amener devant la justice. De surcroît, même pour la période postérieure à l’audience de l’affaire par la cour d’assises d’Athènes et l’acquittement de D.J., le Gouvernement n’offre pas d’informations concrètes sur l’état de l’investigation policière sur le sort de K.A. Ainsi, à titre d’exemple, il ne ressort pas du dossier que les autorités grecques ont établi une coopération et un contact avec les autorités nigérianes dans le but de repérer et arrêter K.A (voir, a contrario, M. et autres c. Italie et Bulgarie, no 40020/03, § 169, 31 juillet 2012).» In Greece’s Action Report on this case, submitted in mid-2017 Greece stated that “In view of the above individual measures and also the circumstances of this particular case in the light of which the Court held that violation of the Convention has occurred, no other individual measure for compliance with the said judgment is required.” Greece, by failing to make any reference, hence implied that it ignored the ECtHR’s incitement to seek him out so as to bring to justice the person that its domestic court ruled was the perpetrator of such terrible crime, showing once again that it had no interest to offer justice to L.E.. 3. General measures a. The legislative framework The ECtHR has considered the legislative framework introduced with Law 3064/2002 (to which GHM has contributed as acknowledged by the then government – see above) was adequate to combat human trafficking. In the most recent of the three judgments, T.I. and others v. Greece (final on 18 October 2019), this was well summarized: “142. La Cour rappelle par ailleurs que dans l’affaire L.E., précité, elle a déjà constaté que la loi no 3064/2002 n’avait pas manqué à offrir à l’intéressée une protection pratique et effective. Qui plus est, dans l’affaire Chowdury et autres, précité, elle a constaté que la Grèce s’était conformée pour l’essentiel à l’obligation positive de mettre en place un cadre législatif permettant de lutter 2 DH-DD(2020)410: Rule 9.2 Communication from an NGO in the Chowdury and others v. Greece. Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers. contre la traite des êtres humains.” The Article 4 violations concerned inappropriate application of the law and/or absence of an effective investigation and/or an effective judicial procedure and/or lack of speed in taking operational measures in favor of the applicants and shortcomings with regard to the procedural obligations. The related legislation has been amended several times since 2002. The Committee of Ministers, in its September 2018 decision on Chowdury and others v. Greece, “welcomed the adoption of legislation aimed at combatting human trafficking including labour exploitation; further welcomed the setting up of coordinating and specialised structures, as well as the provision of training to professionals tasked with combatting human trafficking and the awareness-raising activities which have taken place.” However, legislative amendments in 2019 have introduced a significant regression that Greece has failed to report in its March 2020 Updated Action Report.
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