clandestinenglish

Migration and Struggle in Greece – the clandestina.org blog in English by the Group of Immigrants & Refugees, Thessaloniki

Posts Tagged ‘system of (in)justice’

Free Milena Ivanova Now!

Posted by stapsa on 15 November 2009

source/sign the petition at http://www.gopetition.com/petitions/free-milena-ivanova-now.html

Free Milena Ivanova Now!

Background (Preamble):

We are witnessing yet another incident of a legal indictment for Milena Ivanova, a Bulgarian national, an EU citizen. Her adventure gives ground for our concern over abuse of power and violation of human rights and liberties practiced by the State. Therefore it is of utmost importance for citizens to have a sense of duty to defend the rights and liberties of all people visiting or living in our Country.

THE CASE IS THIS

In 2002, Milena was tried in court because her working visa had expired and she hadn’t been registered for a health card. She was sentenced to 30 days in prison with parole. She was tried again in 2006, in absentia, under the same indictment and thus her sentence rose to 10 months in prison, a 1500 euro fine. The court ordered for her deportation in 2009 when she returned to Greece where she was to be arrested by the police. She resorted to any remedies, but the court ignored her legally justified claims, this resulting in her arrest, detention and impending judicial deportation.

THIS

is a case of violation of the Rights of Man, as she was tried in court and sentenced twice for the same offense.

ALSO

The legal ground for the “crime” of illegal entry into Greece from Bulgaria is now null and void, since Bulgaria has become a member of the European Union!

The above incident of violation of the rights of a working student, a citizen of the European Union, raises high concerns for the State’s abuse of power, in a period of time that such incidents of state arbitrariness and violation of the rights of immigrants tend to multiply as a result of the declared government dogma of “Zero Tolerance”.

We the Undesigned, demand the immediate release of Milena Ivanova, currently under detention in the Police Department of Zakynthos and the annulment of her sentence of this “crime” whose legal ground is now null and void!

Zakynthos, Greece November 11, 2009

To provide your signature and support, you may also contact:

thankara@yahoo.gr

mariahaikali@yahoo.gr

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Kuneva’s case buried in political and legal manouvres

Posted by stapsa on 15 November 2009

The Greek government’s effort to hide the closing of Kuneva’s case in plain sight.

In the last week Konstantina Kuneva’s case made it into the headlines.   Kuneva spoke to tv channels and newspapers; the ministry of employment offered her an apartment; the minister of citizens protection (ex-public order) Chrysochoidis said he takes under his personal care the effort to find and arrest the perpetrator(s) of the crime against her. Together with the ministry of economics, he signed an 1 milion euros reward for them (400.000 more than the one for the anarchists “robbers in black”). The effort of the minister of citizens protection is clearly to appear unbiased against any kind of crime, to reverse the mood against him, that with his provocative stance towards Exarcheia he provoked the strike against the police station of Aghia Paraskevi… and of course to “disarm” ideologically anarchists in view of December.

All these at a time when the case’s legal future was decided by judges. The examiner of the case had suggested that it should be archived; the public attorney was against this; the pertinent to resolve the disagreement first degree council of judges decided not to close the case and go on with the examination process. . This was hailed by mainstream press as a progressive sign of the justice system willing to continue the search for truth and justice.

There is a catch to it, however. The case will not officially close, still, everything the attorney suggested that should be done was rejected, apart from the provision that Kuneva may be examined once more.   In other words, the decision does not at all take into account the memorandum by Kuneva’s lawyers on the blatant defficiencies and stubbornly wrong orientation of the police work on the case.

This means that the police will be judicially justified to continue turning away testimonies, as they did hours only after the event, when they turned away people from the nearby area willing to testify, on the pretext that since they did not see the crime itself happening their testimonies were useless!!! And of course, they are not going to look at the direction of Kuneva’s employers, who were palpably directing the research and examination process from behind the scenes.

In other words, the case is in effect closed.

Info and analysis from this week’s issue of KONTΡΑ newspaper.

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Both the Pagani 17-year-old refugee abuse case AND Mohammad Kamran’s death case considered “cold cases”.

Posted by stapsa on 13 November 2009

This a translation of this Nov 11, Avgi article, about this recent case of immigrant abuse in Pagani and the legal developments on Kamran Atif’s death .  Thanks to Efi for her work.

stapsa for clandestinenglish

The assault on the 17-year- old refugee is a “cold case”.

The assault on the 17-year-old refugee Mr. Mohamed Hussein Khantar by police guards in the Pagani refugee camp last October is considered a “cold case”. The same applies for the case of the death of the Pakistani immigrant Mohamed Kamran- who had been allegedly tortured in the police department of Nikea in Athens

According to newspaper Avgi’s sources, during the preliminary investigations conducted with regards to the assault case, Mytilene’s state attorney could not find sufficient evidence leading to possible prosecutions of police guards in the Pagani refugee camp. Thus, the case is considered cold, and all preliminary investigations regarding police officials are going to be archived.

The manner in which the case is concluded, confirms the fears of various bodies and organizations that an abuse case would be covered- up by the police forces. It is claimed that witnesses in the Pagani camp were offered “pink cards” in return for their silence, and were sent to Athens, where it is impossible to be traced.

Moreover, questions arise with regards to the contradictory conclusions after Mr. Khantar’s examination. According to his attending physician’s statement, injuries and traumatic lesions were found on his head, back area and hands; however, the medical examiner concluded that his injuries were older than the day of the alleged police assault.

The police assault has allegedly taken place in the afternoon of October 22nd, in the Pagani refugee camp, just a few hours after Mr. Spyros Vougias, who is the undersecretary of the Ministry of Citizen Protection, visited the camp. After the event was made public, the Ministry of Citizen Protection ordered a preliminary investigation of the case, which was conducted by Mytilene’s state attorney.

The United Nations High Commissioner for Refugees has made an announcement, pleading for an in-depth investigation of the case and a subsequent prosecution of the people involved. The Greek political party SYRIZA is planning to bring the topic in parliamentary discussion.

Kamran’s case

With regards to Mohamed Kamran’s case, leaked information from the Ministry of Citizen Protection reveal that toxicology tests show Kamran intoxicated; according to the same leak, the post mortem toxicology investigation found Kamran using alcohol and other substances before his death.

However, Mr. Fragiskos Ragoussis, Kamran family’s attorney stated that there are no official toxicology test results yet, and that in any case his clients are going to ask for a test re-run, since according to the Greek law the family has the right to appoint an external medical examiner during the autopsy.

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UK: Refugee and Migrant Justice Lawyers call on the UK Government to stop removing asylum-seekers to Greece

Posted by stapsa on 10 November 2009

>>> SOURCE/READ THE WHOLE ARTICLE AT http://refugee-migrant-justice.org.uk <<<

10 November 2009

RMJ asks UK to stop removing asylum-seekers to Greece, following international complaint to European Commission against Greece

Refugee and Migrant Justice (RMJ) today calls on the UK Government to stop removing asylum-seekers to Greece until conditions there improve.

Fifteen European refugee NGOs, led by Refugee and Migrant Justice and the Dutch Refugee Council, are calling for the Greek Government’s treatment of asylum-seekers to be referred to the European Court of Justice. The complaint will be presented to the European Commission today, 10 November, and will be heard at the end of November 2009.

Many asylum-seekers travel by sea to Greece. The Greek authorities often try to prevent them from entering Greek territory by turning boats back at sea or sometimes puncturing inflatable rafts. Life threatening situations have occurred in the process. When asylum-seekers do make it to Greek territory, many of them are detained upon arrival. Conditions in some of the detention centres are appalling – most of them are warehouses that are severely overcrowded and lack adequate sanitation and cooking facilities.

There is a severe shortage of reception facilities and no specialist social care for unaccompanied asylum-seeking children. Many migrants end up sleeping rough where they often experience ill-health.

The Greek authorities make it very difficult for asylum seekers to gain access to the Greek asylum procedures, a clear violation of EC law, as well as international human rights instruments. In 2008 22,100 asylum applications were lodged in Greece, yet less than one per cent of asylum applicants were granted refugee status or other forms of protection, compared with 31 per cent in the UK.

The Greek authorities regularly deport asylum-seekers back to Turkey from where they may be removed to their countries of origin.

Caroline Slocock, Chief Executive of Refugee and Migrant Justice, says

“The inhumane conditions facing asylum-seekers in Greece are a scandal. Greece’s system is not just unfair to asylum seekers, it places unreasonable burdens on other European countries, like the UK, that have more respect for European and international obligations to identify and protect those who fear persecution.. . Many asylum-seekers end up travelling across Europe to France and the UK because they cannot get a fair hearing in Greece. We are appealing to the European Commission to put this right but in the meantime the UK Government should stop returning asylum-seekers to Greece under EU laws, as their safety cannot be guaranteed.”

Case studies

RMJ has collated witness statements of asylum-seekers who have come to the UK via Greece…

>>> SOURCE/READ THE WHOLE ARTICLE AT http://refugee-migrant-justice.org.uk <<<

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Toddler behind bars

Posted by stapsa on 11 October 2009

Toddler behind bars

Issue No. 13358
Three-year-old Rozita and her mother, Zahra, have spent nearly a year in prison
ROZITA has spent one-third of her life in prison. She’s three years old.

Her parents, undocumented migrants from Afghanistan, were arrested in Greece and sentenced for forgery and immigration violations. They had illegally entered the country last year and were caught trying to leave on forged passports.

A court in Kilkis, a town in central Macedonia, sentenced the couple to six months in prison and fined them 3,000 euros. The sentence was indefinitely suspended on the grounds they would be deported.

This was in December 2008. They are still awaiting deportation.

They are still behind bars. To be deported, they need passports, which they do not have. This is why Rozita and her mother, Zahra, remain locked up.

Rozita is with her mother in a women’s prison in Thiva, about 50km outside Athens. The father is being held in a separate facility. Over the past 10 months, mother and daughter have been shuttled around the country: from a jail in Kilkis to a detention facility in Thessaloniki and the Korydalos prison in Athens.

Unlawful

According to Electra Koutra, an Athens lawyer and founder of the non-governmental organisation Hellenic Action for Human Rights, the family was unlawfully denied a lawyer and interpreter when they first appeared before the Kilkis court.

A second judicial blow came last week when a court in Thiva rejected a petition to release Rozita and her mother on the grounds they are seeking asylum in Greece and do not pose a threat to public order. The court rejected their petition and ruled they must remain in prison until deported.

“Not only is it inhuman to keep a child locked up, but it’s also a gross violation of human rights,” Koutra tells the Athens News. “The little girl came down with scabies and is always getting sick. She had to be taken to hospital twice.”

If mother and daughter are not immediately released, Koutra warns the case will be taken to the European Court of Human Rights.

According to Asan Sukuri, president of the local Afghan association Noor, Zahra’s life is in danger if she is returned to Afghanistan because she belongs to the Hazara ethnic minority group. He also said she is from a region that is under Taliban control.

Sukuri says he told the Thiva court that if the mother and daughter were released they would be hosted by relatives legally residing in Greece and that his association would help them find employment while their application for asylum is being processed. The court denied his proposal.

“Zahra cries all the time when we speak on the telephone,” Sukuri told the Athens News on September 29. “She cries and tells me that she cannot stand the situation any more. She has been in prison for almost a year. Something needs to be done.”

Asylum in Greece

Greece has one of the lowest refugee recognition rates in the European Union. Last year, Greece granted refugee status to 379 people out of nearly 20,000 applications reviewed.

By law, authorities must process all claims for asylum immediately. Asylum seekers should be fingerprinted and issued a so-called pink card (rose karta).

Holders of this card are entitled to free medical treatment and the right to employment. Authorities, by law, have three months to examine the asylum claim and render a decision. This is seldom the case.

New legislation passed in July has severely undermined the appeals procedure, according to local and international human rights groups like Amnesty International and the United Nations refugee agency (UNHCR).

The new rules force rejected asylum seekers to take their case to the Council of State, Greece’s highest administrative court. This requires them to hire a lawyer – something which few can afford.

Greece has faced a barrage of Europe-wide criticism since November 2007 when the German non-governmental organisation Pro Asyl published a shocking report accusing the Greek coastguard of “systematically abusing newly-arrived refugees”.


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Letter by detainee Th.Iliopoulos, beginning a hunger strike, 9 July

Posted by stapsa on 9 July 2009

source

Letter by detainee Th.Iliopoulos, beginning a hunger strike, 9 July

‘… I begin a hunger strike. It’s the only way I have as a detainee to shout for freedom and denunce the great inustice…’


Image scaled down

Thodoris Iliopoulos, detained at the Court Prisons of Koridalos (in Athens, Greece) from 22 December 2008, after the refusal of his appeal for freedom and their decision to continue my detainment for 6 more months in prison, begins a hunger strike by tomorrow, Friday 10 July.

Here’s his letter written from the A’ Coridor of the Koridalos Prisons:

Today, 9 July 2009

On 8 July, after 6 and 1/2 months in prison, where I am kept detained after the December Uprising, charged with acts that I never did, they [TN: Συμβούλιο Πλημμελειοδικών, Simvoulio Plimeliodikon, Council of Jurists] decided to continue my detainment.

It’s the only decision that called for continuation of detainment for such a case, when all the other detainees for the December Uprising, charged with the same or other acts, have all been freed.

This decision proves the personal antipathy and hate against me; they can neither rationalize nor explain it, for it’s a decision taken for personal dislike, unjustly and illegally, as in any detainment.

Against this hate that is being expressed against my person, against this unjust ‘punishment’ that I am subjected to as a detainee, against this continued refusal on the part of the jurists and the prosecutors to see the real facts and the truth of the case, against this apparent and unprecedented discrimination against me, I’ve no other way to fight except my own body.

I begin a hunger strike. It’s the only way I have as a detainee to shout for freedom and denunce the great injustice.

[TN: The only way to] To denunce the hate and the prejudice of the mechanism of the ‘penal law’. To denunce the arbitrariness and the violence of a blind ‘justice’ and its even more ‘blind’ employees.

From Friday 10 July I stop accepting food and I submit a letter announcing my hunger strike to the prison administration.

Those who experienced the events of the December Uprising, those who experienced the violence of the mechanisms [TN: of the state, police, etc], those who experienced the cruelty of the cell without a sentence or with a sentence, those who know that the only way for freedom is resistance, those who fight against the arbitrariness of the courts and its horror, they are those who can understand me and will support me.

I thank them right now.

Thodoris Iliopoulos (Θοδωρης Ηλιοπουλος)

Koridalos Prisons (Φυλακές Κορυδαλού)

[TN: end of letter]

http://kratoumenoieksegersis.blogspot.com/

http://kratoumenoieksegersis.blogspot.com/2009/07/9.html

http://athens.indymedia.org/front.php3?lang=el&article_id=1055691

Translated from Greek in solidarity with those who experience the horror of state repression and the inhuman conditions of prison. Feel free to put it into blogs, other IMCs etc!

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Protest March against the dropping of Kuneva’s case today in Athens

Posted by stapsa on 2 July 2009

afisa_koyneba_jun-aDpHv1protest called for 19.00 by

  • ΠΕΚΟΠ (Kuneva’s union)
  • initiative of first degree unions for solidarity with Kuneva and the abolishment of slave trade in the private and public sector
  • working people in solidarity

See about the dropping of Kuneva’s case Investigation of Kuneva’s case is in effect about to cease about the dropping of Kuneva’s case.

Extensive coverage in Greek here.

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New law increases threat of deportation – deportation without trial over misdemeanors

Posted by stapsa on 23 June 2009

source:

http://www.ekathimerini.com/4dcgi/_w_articles_politics_100006_23/06/2009_108300.

Emphasis added.

New law increases threat of deportation

“It is absurd for foreigners who have been in the country for a long time, including those from the European Union, to face the danger of deportation simply if they are charged with minor infractions,” said the www.diavatirio.net site lawyer Vassilis Chronopoulos, who foresees a backlog of cases building up in the courts.

“It is totally unacceptable in a just state for someone to face devastating consequences before it has been established in a fair trial whether he is guilty and before he has exercised every legal right to defend himself,” said an organization called Greek Action for Human Rights.

The provisions of the proposed law have prompted a backlash from human rights activists.

An amendment to Greece’s existing legislation, which could be passed through a reduced summer session of Parliament later this week, may lead to foreigners living in the country legally as well as those who are here illegally being deported over misdemeanors even if they are not convicted.

With immigration becoming a pressing political issue, the government has embarked on an effort to adopt a series of measures that will stem the flow of illegal migrants arriving on Greek shores.

Sources told Kathimerini that the amendment would allow authorities to classify as “dangerous for public order and safety” any foreigner who is charged with committing a crime that carries a prison sentence of three months or more.

This means that the person can then be deported to his homeland before even standing trial, as long as that country has signed a bilateral repatriation agreement with Greece.

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System of Injustice intervenes in the Nea Manolada case – Torture victims with criminal charges, their torturers with misdemeanors

Posted by stapsa on 23 June 2009

photo by tvxs.grtvxs article info on the development in the Nea Manolada horrendous case of immigrant abuse.

clandestinenglish

The immigrants that fell victims of torture by the farmers in Ileia were led to the public attorney, facing criminal charges.  Their torturers were also led to the attorney, them facing misdemeanor charges,  though!

Four days after the incident,no forensic examination has taken place, on the pretext that the immigrants did not request one, this at a time when they did not even had a lawyer to represent them.

Article by the plsweb.org of 17 july.

Immigrant farm-workers tortured by Greek landlords

Friday, July 17, 2009
By: Nikos Kavadias

Down with anti-immigrant attacks!

A monstrous crime was committed on June 18 in the Greek town of Nea Manolada. Two immigrant farm workers from Bangladesh were beaten up, tortured and pilloried (publicly humiliated) by two Greek landlords, Dionisis Gomostiotis and Petros Samaris.

Immigrants Greece
Greek authorities assaulted and burned an immigrant refugee camp
down to the ground in Patras on July 12.

According to their story, they waited one night by their pen and saw three immigrants approach it. They recognized two of them but the next day could not find them. They then attacked another immigrant from Bangladesh, tied him up and tortured him until he agreed to guide them to the other immigrants.

When they found the immigrants they were after, they assailed, threatened, tied up, beat and tortured them. Then they roped them behind their motorbike and dragged them through the town center.

At one point, the workers got tired and fell down. The thugs stopped their bike, propped them up, beat them and continued pillorying them. They stopped only when the police arrived.

The police, loyal as always to the propertied classes, arrested all four of them, claiming that the workers were undocumented.

On June 22, the district attorney of Amaliada openly sided with the thugs. The Bangladeshi workers were charged with felonies for their alleged attempt to steal sheep, while the Greek bigots were charged with misdemeanors.

One year ago in the same town, immigrant farm workers staged a three-day strike against the local strawberry agribusiness. The landlords responded with a violent rampage. They threatened and beat workers with clubs and fired shotguns in the air. They even threw dynamite at the workers’ protest rally. The workers stood their ground and forced the landlords to concede.

During those events, the police witnessed the landlord terrorism but did nothing to stop it.

The recent attacks and the response of the local authorities are no surprise. They flow from the racist anti-immigrant policies of the Greek government itself. In its effort to keep wages low and the working class divided, the government is constantly escalating its attacks on immigrant workers. It denies even the most basic human rights.

The Greek government ignores its most basic duties under international law towards refugees. In 2008, the Greek government granted refugee status to only 358 people of 29,573 who applied. Tens of thousands more immigrants tried to apply but were unable to. Applications must be delivered in person and applicants need to wait for up to two days in line. Instead of granting asylum, the government is mass deporting the refugees.

On July 12, Greek police raided and burned to the ground a refugee camp in the town of Patras. On June 23, 25 undocumented workers from Afghanistan were flown back to the war zone—back to a country occupied by NATO forces, including Greek troops. An increasing percentage of immigrants come from countries that are in the crosshairs of imperialism: Iraq, Afghanistan, Palestine, Somalia, and Pakistan.

The government is now preparing concentration camps where undocumented immigrants will be incarcerated for 12 months before being deported.

Greece is the entry point to Europe for many immigrant workers. The government is increasing its anti-immigrant assaults in cooperation with Italy, Spain and other European countries.

The entire Greek elite is supporting these attacks on immigrants, including the major opposition PASOK party, the chauvinist LAOS party, all mainstream media, local governments and land developers. Nazi gangs that appear as “citizens’ committees” are assaulting immigrants in their houses or on the streets with makeshift or real weapons.

The rise in racism and violence against immigrants in Greece and other imperialist countries is not accidental. Mass immigration in the era of capitalist globalization is a result of the owners’ need to under-develop and dominate the resources of poorer countries abroad and the need for cheap labor at home.

During times of economic crisis, when workers all over the world face a tidal wave of unemployment, the capitalist powers seek to turn as many sectors of society against immigrants as possible in order to direct workers’ anger and frustration away from the guilty party: the capitalist class. Racism and attacks on immigrants are given the seal of approval by government oppression, violent raids, mass deportations and worse.

Joining immigrants in struggle against racist attacks is a necessary component of working-class struggle, especially in a time of global economic crisis.

The bigoted landlords alleged that the workers were stealing their sheep. They never filed a police report. Government policies promote racist attacks

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A prosecutory fiasco adds to the police vengeful campaign against immigrants in Chania, Crete

Posted by stapsa on 17 June 2009

Surveillance and prosecutions in the town of Chania against struggling immigrants and their organisations continue. The police in the town after the two day networking and action event by the Forum of Immigrants in Crete launched a campaign of intimidation against the rise of immigrant assertive activity (see this post: Police campaign to intimidate struggling immigrants and communities in Chania, Crete). Among the arrestees of the days was Farahat Gabri, active in the migrant movement since years, whose health was in a bad condtion and remains so after his detention and the police denial of  access to medical care (instead of some hospital, he was transferred to Athens, away from his support networks – see this Chania Haunt of Immigrants – Social Haunt press release about this case – in Greek).


Yesterday though, the situation in the town took a bleaker and at the same time ridiculous – as regards the police’s “master plans” – twist.   After the arson attack against a police vehicle at the Souda district the police invaded the houses of immigrants well known from their year long residence in the town and their affiliations with the social struggle for rights.   Two of them were supposedly witnessed to be near the spot of the arson attack.


They were brought to court yesterday.  The witness was a junky, absolutely depended on state benefits support and intermingled with the undercover police in Chania.  The Courts of Chania were filled and surrounded with all sorts of police, who kept encouraging the “witness” to “say everything, and f*ck them”….


The Forum of Immigrants in Crete called the people who had been with the two immigrants that night to confer their testimonies to the court. Along with the Athens Indymedia post of some group assuming responsibility for the arsonist assault, and the rapid response by lawyers in Chania, the pressures culminated and led the court to to downgrade the charges (the accused immigrants would be otherwise trialled under the “terrorism-law”) and then release them until some DNA tests are carried out on supposedly found evidence.  The court will resume in ten days.


The Forum of Immigrants in Crete calls for vigilance.  This last police fiasco is not an isolated incident. It is not only part of the general terroristic “sweep operations” rush of the last days, but also – and crucially so -part of the vengeful campaign of the minister of public order Markoyannakis against the self – organized assertive initiatives of the Forum – the police and pertinent ministries will not forget and will not forgive the local community support and the momentum of  the last winter’s hunger strike.

Tomorrow (Thursday) an open discussion with the town’s associations, trade unions and political organisations is to take place at Papadopetrou building in the center of Chania.

(most info from Forum of Immigrants in Crete release).

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