URGENT INTERVENTION - UNPRECEDENTED ATTACK ON GREEK LAWYERS' SPOKESPERSON BY THE GREEK MINISTRY OF JUSTICE

The Human Rights Defenders Support Network (DYYAD), a joint venture of the Hellenic Action for Human Rights “Pleiades” and Lawyers Without Borders, observed the press releases ( of 16 may 2018 and a subsequent one on the same day mounting the attack) of the Ministry of Justice and the Minister's stance towards the body of Lawyers, as primarily expressed via an attack against the President of the Athens Bar Association, also under his identity as President of the Coordinating Committee of the Presidents of Greek Bar Associations.

On 15 May 2018 the Minister of Justice had visited the Prosecutor's Office and the Athens 1st Instance Courts, calling them in a wide meeting on the situation of Courts and Justice, which included several stakeholders (President of the Directory Council of the Athens 1st Instance Courts, Head of the Prosecutors' Office at the 1st Instance Court, Head of the B.D. of the Union of Judicial Functionaries, General Secretary of the MoJ, Head of Informatics and Technology of Austrian Technical Help, Technical Service of the Ministry of National Defense), completely excluding a Lawyers' representative.
On the same day, in a MoJ's press release about this meeting, the Minister of Justice announced the fragmentation of the Athens Courts of 1st Instance in 3 parts, the creation of new Courts in other areas and other issues regarding the Athens Lawyers' working environment.
On the next day, 16 May 2018, the president of the country's highest administrative Court, the Council of State, resigned, in an emotionally tense ambiance, often citing that economic interests should not outweigh institutions, decrying a situation of severe institutional breaches.
On the same day, the Athens Bar Association announced that an exceptional B.D. meeting  of the Bar, open to Lawyers "because of the severity of the matter" would urgently (on 22 May) follow "about the Minister's announcement on the creation of two new 1st instance Courts in Attica region".
The President of the Athens Bar, Mr.Vervesos, also made a statement about the resignation of the High Judge, which he characterized as unprecedented, and also on what is happening in the sphere of Justice, expressing the views of the lawyers' body.
He stated among others that "public interest cannot be identified with the cashier's interest of the Public Sector and that the economic feasibility cannot be achieved at any cost, adding that "Safeguarding of individual and social rights enshrined in the Constitution is non-negotiable and rests primarily with independent Greek Justice." 
Mr.Vervesos also referred to an "idiosyncratic mithridism that has developed in society, since we have now reached the point to consider execution of judgments as "the objective", even those of the supreme courts, although their respect and enforcement, in particular by the executive, must be considered non-negotiable in a rule of law, so that we do not get into disrepute before the European institutions, both judicial and non-judicial ".
Mr.Vervesos concluded that "The key objections of the president of the Council of State show that the center of gravity of the Justice Ministry's action must be found rather in the qualitative upgrading of Justice in our country, in abstaining from the attempt to influence Justice, to which the Minister of Justice engages until today, instead of in communication-type opportunistic announcements » 


The Minister of Justice Mr.Kontonis responded on the same day, with 2 press releases, with the following wording:


"Reply to a statement by the President of the Athens Bar Association
The President of the ABA is deflected in slander by making use of his position as chairman of the Plenary Session of Bar Association Presidents.
However, we realize that today's unhelpful and unsightly attack is coupled with the start of the government's legislative initiative to trifle the hydrocephalous First Instance Court of Athens, as yesterday announced.
Nor does he even hide it.
It leaves no doubt that he represents the interests of the big law offices, which are treating dozens of new lawyers as auxiliary staff with wages of unskilled laborer and who since 1981 have criticized the prevention of the creation of new Courts of First Instance in Athens.
Let Mr. President know well that the Athens Court of First Instance will trifle, no matter what slander he and his likes make use of.
I call on the Presidents of the Bar Associations of the country to take a seat on what the President on their behalf describes, in particular those who declare ignorant of what concerns the Ministry of Justice, Transparency and Human Rights."

In a 2nd Press Release on the same day, the Minister of Justice stated the following:

 "New response to the corrective announcement by the President of the ABA
 Being ridiculized after the outcry of most of the Chairmen of the Bar Associations of the country, the President of the ABA changed his position and by the President of the Plenary of the Bar Associations, he informed us that he was simply slandering as President of the Athens Bar Association.
I repeat so that he knows it, either as Chairman of the ABA or as Chairman of the Board of Chairmen, that the establishment of the two new Courts of First Instance in Attica will take place immediately. The inconvenience of the citizens will cease, the conditions of the galley of the court officials will be overturned and the exploitation of the new lawyers will be reversed."


The Athens Bar Association reported in public "insulting and creepy stance towards Lawyers" of the Greek Minister of Justice (Kontonis).



The Coordinating Committee of the Presidents of Bar Associations had an urgent meeting in Athens on 21 May 2018, under the Presidency of Mr.Vervesos, and issued a press release, reiterating, among others, that the Plenary President's statement of 16 May 2018, referring to the resignation of the President of the Council of state, reflects the steady position of the lawyers' Body and condemns the continuing attack of the Minister of Justice, via interviews in several media, which it considers an institutional deviation and an insult to the totality of the lawyers practicing in the country.

1. The "aesthetics" of the announcement of the Minister of Justice does not correspond to those of a public official nor can it be accepted by the Body of Lawyers in the context of the public debate. The attack on the President of the Plenum and the Plenary is overwhelming, it affects the entire lawyer world and is an unacceptable institutional diversion.
2. The independence of the judiciary and lawyers is a cornerstone of every rule of law. It also presupposes the provision of decent working conditions for the profession of lawyer. The body of lawyers, over time and in an unwavering manner, strives in this direction. It is an obligation for the relevant Ministry to give decisive support to this purpose. Unfortunately, however, to this day, it has not done the very least.
3. The establishment of Courts should be part of a more general plan to develop the conditions for a fair and speedy award of justice, in full cooperation with its co-operatives. It can not be a pre-election announcement and without prior consultation. It is a prerequisite for the prior resolution of the problems and shortcomings of the existing Courts, especially in personnel and logistic infrastructure, but conditions that are not currently met with the Ministry's primary responsibility.
4. The preservation of the lawyer's dignity and the institutional role of Lawyers is an obligation of all. The law requires it, owed by the State, guaranteed by our unity and history. This is not the first time the body of lawyers is attacked by representatives of the executive. We are used to it. We will also face this challenge too, in unity."
The BD of the ABA, upon its urgent meeting of 22 May 2018, issued a Press Release, unanimously decrying the one-sided decision of the Ministry to divide the 1st Instance Courts as anachronistic, harmful and disregarding the need for prior consultation, and announced urgent measures (press conference, referendum of lawyers a.o.).

In parallel, on 23 May 2018, Parliamentary Control has been initiated towards the Minister of Justice (Question and Request for Deposition of Documents lodged by MP with the Greek Parliament, regarding the purpose of a division of Athens Courts and the lack of consultation with stakeholders, raising serious concerns about the materialization of such a prospect.

DYYAD notes that the above incidents are taking place in the midst of a mounting climate of disrespect towards Lawyers by the Ministry of Justice and several of its General Secretariats and Services, having as a result a mounting insecurity among Greek Lawyers in the exercise of their Function.
DYYAD expresses its utmost concern that Lawyers are targeted personally even by Press Releases of Ministers, and also collectively, the MoJ's anti-lawyer stance reaching the point of targeting the most prominent elected Lawyers' representative in Greek Jurisdiction. We consider this situation, as paired to a series of relevant reports we have received, an opening of what we have already perceived and reported as a systematic attempt to harass Lawyers, which is unprecedented in kind and extent in Greece's democratic times.
DYYAD has informed several supra national authorities on the alarming situation and threats that Lawyers and defenders in general currently face in Greek jurisdiction. 
Among the latter, some institutions, have in the context of their relevant mandate confirmed having already taken good note of those alarming factors, especially regarding the working environment for lawyers and human rights defenders in Greece.


The Human Rights Defenders Support Network:

- Records the incident which openly took place against Mr.Vervesos, acting in representation of bodies that defend human rights and lawyers' rights (Bar Associations), as an open undermining of the Role of Lawyers in Democratic Societies.

- Calls on the Greek Government to guarantee in practice respect to the “Declaration of the UN for Human Rights Defenders” and the UN's Basic Principles on the Role of Lawyers - the latter including

-Principle 12: Lawyers shall at all times maintain the honour and dignity of their profession as essential agents of the administration of justice.

-Principle 16: Guarantees for the functioning of lawyers
Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference;
 -Principle 23: Freedom of expression and association
Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.
-Principle 24: Professional associations of lawyers
Lawyers shall be entitled to form and join self-governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.

-In particular, calls on the Greek Government:

(a) to ensure that such incidents and conduct of high officials are clearly denounced, and that it is sufficiently clarified that they do not reflect the Government's stance towards Lawyers.

(b) to guarantee in every case that Lawyers will be able to work and provide professionally specialized legal assistance without fear of retaliation, harassment and crimes against them, and that Lawyers' Unions and Lawyers' Representatives will remain free from defamation and other forms of harassment.

(c) to recognize in practice the UN's recognition that "professional associations of lawyers have a vital role to play in upholding professional standards and ethics, protecting their members from improper restrictions and infringements and cooperating with governmental and other institutions in furthering the ends of justice and public interest", and to include lawyers and their Bars to discussions and decisions regarding their work environment, without any undue delays or obstacles.

 (d) to legislate the incorporation of the UN Declaration on Human Rights Defenders and UN Basic Principles on the Role of Lawyers, utilizing the relevant Civil Society Model Law drawn up by the International Human Rights Agency and endorsed by a number of UN experts, translated and adapted to Greek, including special provisions for Lawyers, in a model law integrating the UN Basic Principles, by the Hellenic Action for Human Rights "Pleiades".

(e) to immediately put an end to the harassment of Lawyers, ensure that they can perform their duties without hindrance, retaliation or other obstacles and reiterate respect to the Lawyers' Function in society.

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