In an in depth joint assertion, the advocates of the 9 European residents underneath deportation who have been arrested by ELAS within the occupation carried out by the Athens Legislation College by pupil teams, denounced the unprecedented resolution of the authorities.
They’re European residents, the overwhelming majority of whom are ladies, from Germany, France, Spain, Italy and Britain, for whom a call has been taken to deport them on the grounds that they’re allegedly “harmful to public order”.
It’s emphasised that the primary cost that these people face in Greek justice is the low prison misdemeanor of disrupting the operation of a public service, as a result of they prevented the operation of the college (however with out canceling the programs, which have been held on-line, in line with an announcement from College), for simply 2.5 hours on Tuesday morning.
Of their joint assertion, the attorneys of the 9 deported individuals emphasize that “state authorities, with public statements and data leaks to the media, in flagrant violation of the presumption of innocence, present our principals as responsible to most of the people and create a particular local weather in opposition to them, as individuals with a “severe prison previous” and as “occasion coordinators”, false info for which we’re on guard”.
Attorneys level to a important query arising from the unprecedented resolution to deport them earlier than they even go to trial on their misdemeanor fees, which has been postponed till the top of Might. As they state, “the query arises as as to whether the Greek authorities will deprive our 9 principals of the precise to look in individual and to organize their protection, and subsequently the precise to a good trial, earlier than the Single Member Misdemeanor Courtroom of Athens on Might 28, 2024”.
“We count on the competent administrative courts to assessment impartially the above selections that we are going to problem earlier than them and even to specify whether or not the precise of free motion and residence of European residents applies and applies in Greece or if this solely applies to vacationers and buyers and is lifted in case of political motion, particularly if it issues Palestine”. the announcement concludes.
Learn additionally: Occupation of Legislation: ELAS deports European residents as “harmful to public order”
The complete assertion of the six attorneys follows
PRESS RELEASE ON THE NINE EUROPEAN ADMINISTRATIVELY DETENTED FOR DEPORTATION AFTER PROTESTING THE WAR IN GAZA
On 14.5.2024, twenty-eight (28) individuals have been arrested through the police operation within the occupation of the Athens Legislation College within the context of worldwide protests in opposition to the bloodshed in Gaza. They have been taken to GADA the place they have been held with out entry to their attorneys, which they have been first allowed after 8 hours. On 15.5.2024, they have been introduced earlier than the Autonomous Single-member Misdemeanor Courtroom of Athens, which adjourned the case for a later listening to and launched all these arrested. The accompanying law enforcement officials remoted the 9 European defendants (eight ladies and one man) in an adjoining room with the excuse that they needed to return to GADA supposedly to “test their passports” as was additionally stated to one of many advocates who was contacted by telephone at the moment with the Division of State Safety. Subsequently, they have been handcuffed and brought on to the Sub-Directorate for Aliens in Tavros (that’s, with out being taken to GADA for the supposed management). On the afternoon of 15.5.2024, the Sub-Directorate for Aliens knowledgeable their advocates, who visited them, that the prisoners have been registered on the record of undesirable foreigners (EKANA) on the grounds that they’re harmful to public order and nationwide safety, as a result of they have been arrested yesterday within the particular situation. Nothing was introduced to the “harmful” Europeans themselves, since because the police informed us, there was not even an English language interpreter (a lot much less French, German, Italian or Spanish) they usually weren’t served with any paperwork. All that was stated and understood was the phrase “deportation” with out additional clarification.
Subsequently, on the identical night time, the 8 prisoners out of the 9 have been transferred to the Amygdaleza Administrative Detention Heart, the place two days later (17.5.2024) the ninth, who till then was detained on the Athens Sub-Directorate for Aliens, was additionally transferred. Amygdalezas PROKEKA is a closed guarded heart, the prisoners keep in containers in depressing situations, whereas there are not any interpreters.
On 18.5.2024, their deportation selections have been issued by an officer of the Aliens Directorate, which the police tried to ship to the prisoners within the Greek language and in a misprinted textual content (part of the textual content was omitted). The prisoners requested to be served with the complete texts of the selections and to be served with them in a language they perceive. Nonetheless, ELAS’ overseas companies wouldn’t have the related paperwork translated even into English, whereas they don’t have interpreters even in such a important place (how tough is it actually to make sure an English or French interpreter for the Greek police, if we settle for that the Farsi and Urdu is a luxurious). Following this, there was no precise service of the selections, whereas these haven’t been communicated even to their attorneys within the Greek language, though they’ve requested copies of their file from the Returns Division of the Aliens Division as early as Thursday, 16.5.2024.
Restrictions on the liberty of motion and residence of residents of the Union, in accordance with the provisions of articles 21, 22 and 23 of PD 106/2007, for causes of public order, public safety or public well being, can solely be set primarily based on the precept of proportionality and have to be primarily based solely on the private conduct of the individual involved. THEi earlier prison convictions should not impartial causes for taking such measures, how way more so on this case the prosecution solely, i.e. with out conviction (and particularly for misdemeanors underneath the jurisdiction of a Single-Member Misdemeanor Courtroom). The justification relating to “private conduct” should encompass particular parts of the precise case, from which it may be concluded that this conduct constitutes a sufficiently severe menace, directed in opposition to basic curiosity of society. Primarily based on the jurisprudence of the EC, such a basic curiosity is discovered to be threatened for instance within the case of an EU citizen. who was convicted as a member of a drug trafficking group.
The Directorate of Foreigners teaches us that equally “basic curiosity of the Greek society” is threatened when any symbolic motion of protest in opposition to the plight of the Palestinian individuals takes place and certainly right here, we don’t even have to attend for the conviction, as within the case of drug trafficking. As well as, the prisoners have been by no means requested by the now competent Directorate of Aliens the place they stay in Greece, whether or not they work or research or how lengthy they’ve been right here. However, the competent officer who indicators the deportation selections, considers that they “wouldn’t have passports, identified residence or technique of livelihood”, as is normally said in all selections of residents of third international locations who come to Greece irregularly to request asylum. The prisoners, in some instances, have developed biotic ties to Greece (most of them have leases of their title, posted on taxisnet or employment contracts), which the authorities might test earlier than arbitrarily deciding to deport them on imprecise grounds of order and safety. On the similar time, state authorities with public statements and leaking info to the media, in flagrant violation of the presumption of innocence, present our principals as responsible to most of the people and create a particular local weather in opposition to them, as individuals with a “severe prison previous” and as “incident coordinators” ”, false info for which we reserve the precise.
Lastly, it’s famous that the detention and way more the deportation of administrative detainees will deprive them of the precise of entry, bodily presence and protection within the upcoming prison trial, their referral to which triggered their characterization as allegedly harmful to public order and nationwide safety . Nonetheless, the precise of entry to the courtroom by way of bodily presence and protection is assured by each nationwide and European laws. It derives from Article 20 of the Structure [Έννομη προστασία] and is specified by way of prison proceedings in article 92 of the Felony Code. The suitable to look in individual in prison proceedings additionally derives from the thing and objective of the precise to a good trial [άρθρο 6 ΕΣΔΑ] and is expressly assured in par. 3c which gives for the potential for the accused to participate within the proceedings in individual within the viewers. Apart from, the precise of self-defense presupposes his presence within the viewers and is expressly assured by EU regulation with Directive 2016/343 all through the EU.
The query subsequently arises as as to whether the Greek authorities will deprive our 9 principals of the precise to look in individual and to organize their protection, and subsequently the precise to a good trial, earlier than the Single-Member Misdemeanor Courtroom of Athens on Might 28, 2024.
We count on the competent administrative courts to impartially test the above selections that we are going to problem earlier than them and even specify whether or not the precise of free motion and residence of European residents is legitimate and utilized in Greece or if this solely applies to vacationers and buyers and is lifted in case of political motion , particularly in relation to Palestine.
The advocates
Dimitra Dorva
Annie Paparrousou
Ioanna Siupoulis
Efi Mougaraki
Iota Masouridou
Vasilis Papadopoulos
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