CCPR/C/GRC/2004/1

page 179

UNITED
NATIONS / CCPR
/ International covenant
on civil and
political rights / Distr.
GENERAL
CCPR/C/GRC/2004/1
15 April 2004
Original: ENGLISH


HUMAN RIGHTS COMMITTEE

consideration of reports submitted by states partiesunder article 40 of the covenant

Initial report

greece[*]

[5 April 2004]


CONTENTS

Paragraphs Page

List of abbreviations 4

Introduction 5

ICCPR articles 1 - 938 7

Article 1: Right to self-determination 1 - 17 7

Articles 2 and 26: Domestic implementation of the ICCPR
and prohibition of discrimination 18 - 126 10

Article 3: Equality of rights between men and women 127 - 177 27

Article 4: Derogations of rights 178 - 192 35

Article 6 and Second Optional Protocol to the ICCPR:
Right to life - death penalty 193 - 226 38

Article 7: Prohibition of torture or cruel, inhuman or
degrading treatment or punishment 227 - 277 43

Article 8: Freedom from slavery, servitude and forced labor 278 - 312 57

Article 9: Right to liberty and security of person 313 - 371 64

Article 10: Humane treatment of persons deprived of liberty 372 - 435 74

Article 11: Prohibition of detention for debt 436 - 456 87

Article 12: Freedom of movement 457 - 472 91

Article 13: Protection of aliens against arbitrary expulsion 473 - 500 93

Article 14: Equality before the courts and the right to a fair and
public hearing by an independent court established by law 501 - 581 98

Article 15: Prohibition of retroactive criminal laws 582 - 587 111

Article 16: Recognition of legal personality 588 - 589 112

Article 17: The right to respect of privacy, family, home and
correspondence and protection of honor and reputation 590 - 635 113

Article 18: The right to freedom of thought, conscience and
religion 636 - 707 120


CONTENTS (continued)

Paragraphs Page

Article 19: Freedom of expression 708 - 780 134

Article 20: Prohibition of propaganda for war and inciting
national, racial or religious hatred 781 - 797 148

Article 21: Freedom of assembly 798 - 814 150

Article 22: Freedom of association 815 - 847 152

Article 23: Protection of the family, the right to marriage and
equality of the spouses 848 - 859 157

Article 24: Rights of the child 860 - 869 158

Article 25: The right to participate in public affairs, voting
rights and the right of equal access to public service 870 - 894 161

Article 27: The rights of persons belonging to minorities 895 - 938 165

List of abbreviations

AP / Areios Pagos, the Supreme Civil and Criminal Court
CAP / Code of Administrative Procedure
CPB / Central Prison Board
CC / Civil Code
CCivP / Code of Civil Procedure
CCP / Code of Criminal Procedure
CCPI / Code for the Collection of Public Income
CorrC / Correctional Code
CoS / Council of State, the Supreme Administrative Court
ECHR / European Convention on the Protection of Human Rights and Fundamental Freedoms
ECtHR / European Court of Human Rights
GSGE / General Secretariat for Gender Equality
HDPA / Hellenic Data Protection Authority
KETHI / Research Center on Equality Matters
LD / Legislative Decree
MFA / Ministry of Foreign Affairs
MIPAD / Ministry of Interior, Public Administration and Decentralization
MND / Ministry of National Defense
MPC / Military Penal Code
NCHR / National Commission for Human Rights
NRTC / National Radio and Television Council
OAED / Manpower Employment Organization
OKEA / Task Force for Combating Human Trafficking
OTA / Local Government Agencies
PC / Penal Code
PD / Presidential Decree

Introduction

Greece has the pleasure to submit her initial Report to the Human Rights Committee of the International Covenant on Civil and Political Rights. We regret for not being able to present this Report on time i.e. in 1998, one year after ratification of the Covenant by Greece. We would like, however, to emphasize that Greece attaches great importance to the United Nations treaty mechanisms on monitoring compliance of human rights and, in particular, to the reporting procedure under the ICCPR, entrusting the Human Rights Committee with the delicate task of considering state reports. We are confident that the submission of this Report will mark the beginning of a frank, constructive and fruitful dialogue with the Human Rights Committee.

This Report has been drafted by the Legal Department of the Ministry of Foreign Affairs, in close cooperation with the following Ministries: Ministry of Interior, Public Administration and Decentralization/Secretariat-General for Gender Equality, Ministry of Justice, Ministry of Labor and Social Security, Ministry of Public Order, Ministry of National Defense, Ministry of Health and Social Welfare, Ministry of National Education and Religious Affairs, Ministry of Press and Mass Media, Ministry of Merchant Marine.

In addition, we have received and incorporated in our Report, to the extent possible, valuable input by the National Commission on Human Rights, in which six major NGOs participate. We have also taken into account concerns raised during the last years by various NGOs.

This Report covers mainly the period 1997-2003, and places special emphasis on the revised in 2001 Constitutional provisions, as well as on legislation implementing the latter. In some cases, we deemed it appropriate to refer to legislation or case-law before 1997, in order to give a complete and accurate picture of the situation prevailing in Greece. In other areas, we included legislation adopted as recently as in 2004.

In drafting this Report, we followed as close as possible the “Consolidated Guidelines for State reports under the International Covenant on Civil and Political Rights (as amended at the seventieth session, October-November 2000 (CCPR/C/GUI/Rev.2))”. Furthermore, the Report dwells upon most of the issues highlighted in the different General Comments issued by the Human Rights Committee. Due to space constraints, however, cross-references were made to Reports already submitted by Greece to other treaty bodies, as well as to our Core report (HRI/CORE/1/Add.121 (2002)).

Greece ratified the Covenant, as well as its two Optional Protocols in 1997, by virtue of Law 2462/1997. As it is explained in our Report, the provisions of the Covenant have had a profound impact on our national legal order. The members of the judiciary have been made aware of the importance of this instrument. Today, national courts and independent authorities refer more and more frequently to the provisions of the ICCPR. The Covenant is bound to play a major role in the effort to harmonize our national legislation with the international legal order in the field of human rights.


Further down we would like to highlight the most important developments that took place after the ratification of the Covenant:

·  Revision of the Constitution and adoption of legislation implementing the revised provisions;

·  Adoption of measures with a view to ensuring compliance with the judgments of the European Court of Human Rights;

·  Setting up of independent authorities and national institutions for the protection of human rights, guaranteed, in most cases, by the Constitution;

·  Increased awareness on the part of competent authorities as regards the need to implement international human rights treaties and the findings of the competent monitoring organs;

·  Efforts to improve the situation of vulnerable groups, such as Roma or migrant workers;

·  Continuous effort to improve conditions of detention and to guarantee respect for detainees’ rights;

·  New legislation on the use of firearms in accordance with international standards;

·  Legislation on the fight against trafficking in human beings and on the assistance to victims of this scourge;

·  Legislation on transparency and pluralism in the media;

·  New criminal legislation on minors, adapted to their needs;

·  Measures further improving the situation of the members of the Muslim minority in Thrace;

·  Constitutional guarantee of positive measures in order to attain effective gender equality; adoption of such measures by the legislator and acceptance thereof by the Courts;

·  Harmonization with the Covenant of provisions concerning detention of individuals in case of inability to fulfill their contractual obligations;

·  Enhancement of the safeguards for the free exercise of religious freedom.

Undoubtedly, the level of human rights protection in Greece has significantly improved during the last years. At the same time, areas of concern remain. We hope that the dialogue with the Human Rights Committee will assist our authorities in identifying gaps and in elaborating appropriate measures to further enhance the protection of human rights in Greece.

Article 1: Right to self-determination

A. Internal self-determination

Free choice of the form of government, of the social and political systems and holding of elections at regular intervals

1. The basic principles of the form of government of Greece are the following: the principle of popular sovereignty; the election of the Head of State by the Parliament; the principle of representative democracy; the parliamentary principle; the principle of the “welfare state based on the rule of law”. Of particular importance is article 1 (3) of the Constitution, which acknowledges that “all powers are derived from the People, exist for the People and the Nation, and shall be exercised as specified by the Constitution”.

2. The form of Government as a “presidential parliamentary republic” was designated, in a binding manner for the constitutional legislator, by the referendum of 8 December 1974. In the said referendum, the people were called upon to choose between Presidential and Crowned Democracy. By a majority of approximately 70 per cent, the Greek people voted in favor of Presidential Democracy. The relevant provision cannot be revised, according to article 110 (1) of the Constitution. Thus, the existing form of Government of the country has been consolidated on the basis of an express popular mandate and has been solidified by virtue of a pertinent express constitutional provision. Within this framework, the constitutional legislator is free to shape the institutional organization of the form of Government. The people take part in the procedure for the revision of the Constitution, as this procedure is not completed by the Parliament that has ascertained the need for revising the Constitution, but by the Parliament that follows it.

3. The people, within the framework of the institutions pertaining to parliamentary representative democracy, elect their representatives in Parliament at regular intervals. Article53 of the Constitution provides that each parliamentary term is set for a period of four years. The people elect their representatives through direct, universal and secret ballot, as it is prescribed by the Constitution in article 51 (3), which also defines the legal qualifications that each voter must possess, as well as the cases that relate to the restrictions of his/her electoral right. Particular importance has been laid on article 52 of the Constitution, which provides that “the free and unfalsified expression of the popular will, as an expression of popular sovereignty, shall be guaranteed by all State officials, who shall be obliged to ensure such expression under all circumstances. Criminal sanctions for violations of this provision shall be specified by law”. These rules are applicable in the case of the holding of a referendum, as well as in the elections for the appointment of the authorities of local administration.

4. Since 1981, it has become an institution for the people in the Greek legal order to elect representatives to the European Parliament every five years. In implementation of relevant European Community Law provisions, Law 2196/1994 provides for the participation in the relevant ballot of citizens of other European Union member States established in Greece.

5. The Greek Constitution provides, although to a limited extent, for institutions of direct democracy. Article 44 (2) provides for the possibility of holding a referendum, which shall be proclaimed by the President of the Republic. Such a referendum shall be held in order for a decision to be reached (a) on crucial national matters, following a resolution voted by the absolute majority of the total number of deputies taken upon proposal of the Cabinet, and (b) on bills passed by Parliament regulating important social matters, with the exception of fiscal ones, if this is decided by three-fifths of the total number of deputies, following a proposal put forward by the two-fifths of their total number, subject to the restriction that there shall not be introduced, in the same parliamentary term, more than two proposals to hold a referendum on a bill. The decision, which shall be taken by the people through a referendum, will be totally binding to all other organs of the State.

6. As regards the free choice of an economic system, it is to be noted that the Constitution safeguards economic freedom (articles 5 (1), 106), as well as the right to property (article 17), while enunciating the limits of private economic initiative (article 106 (2)) and enjoining the harmonization of economic development with the fundamental principle of the protection of the environment (article 24). Within this framework, the legislator and the Government, who enjoy direct or indirect popular legitimacy, are free to design the economic policy of the country.

Administration of local affairs - local administration: institution, notion, levels and powers of itsorgans

7. The Greek Constitution enshrines, in articles 101 and 102, the organization of the State on the basis of the decentralization system on the one hand, and the subjectmatter competence of the local government agencies (hereinafter: OTA) to administer local affairs on the other. The following are relative to the application of the decentralization system in the administration of the country (art. 101 (1)).

8. The organization of the State in accordance with the principle of decentralization is consolidated by its division into administrative regions, which are designated on the basis of certain substantive criteria, such as the “geo-economic, social and transportation conditions” (article 101 (2) of the Constitution). According to this system, there shall be established and operate regional State agencies which shall have general decisive authority on matters concerning their region. The central services and organs of the State shall have, in addition to special powers, the general guidance, coordination and control of the legality of the acts of regional officers (article 101 (3)). In this way, the overall unity of the action of the (central and decentralized) administrative organs of the State shall be achieved.