Hans Thoolen on Human Rights Defenders and their awards

August 14, 2024:The recent summons by the Athens Magistrate marks a new development in Mr Dimitras’ long history of judicial harassment, this time also prospecting the criminal prosecution of his wife, constituting a major violation of their right to defend human rights as well as of the recently adopted European Union (EU) anti-SLAPP Directive. The Observatory for the Protection of Human Rights Defenders (FIDH-OMCT) urges the Greek authorities to put an immediate end to this practice of harassment and to ensure that all human rights defenders in the country can carry out their legitimate activities without hindrance or fear of reprisals.

Panayote Dimitras is a Greek migrants’ rights defender and Spokesperson of the Greek Helsinki Monitor (GHM) who, over the past ten years, has faced continuous episodes of judicial harassment as well as vicious smear campaigns deliberately aimed at discrediting him and his work. In the latest development, Mr Dimitras and his wife – Nafsika Papanikolatou – were summoned on May 31, 2024, by an Athens Magistrate carrying out a preliminary criminal investigation into alleged breach of trust and money laundering (in violation of paragraph 1 of Article 390 of the Greek Criminal Code and paragraphs 1 b) and 1 c) of Article 39 of Law 4557/2018, respectively), following the opening of a criminal case by the Athens First Instance Prosecutor. Mr Dimitras and Ms Papanikolatou replied to the summons and their file is in the hands of the Athens First Instance Prosecutor since then.

Exactly one year earlier, on May 31, 2023, the Greek Anti-Money Laundering Authority had already ordered the freezing of Mr Dimitras’ and Ms Papanikolatou’s personal account, pending an investigation into alleged misuse of donations to the Communication and Political Research Society (ETEPE) – a non-profit research organisation co-founded in 1990 by Mr Dimitras that manages human rights NGOs like GHM and Minority Rights Group – Greece (MRG-G). The same day the order was issued, Greek media published apparently leaked and inaccurate information about the case, reporting that all Mr Dimitras’ personal assets as well as those of the NGOs headed by him had been frozen, and that the alleged money laundering concerned funding received mainly from the EU “to support human rights causes” that “was used for other purposes than those claimed.” In fact, only a joint personal account of Mr Dimitras and Ms Papanikolatou had been frozen, and Mr Dimitras was accused of misusing, between 2010 and 2015, private donations to ETEPE amounting to 178.666,80 Euros and not EU funding.

Mr Dimitras and Ms Papanikolatou received the official notification from the Anti-Money Laundering Authority only one month and a half after the decision to freeze their personal account was taken, thereby delaying their right to access a remedy. The account freeze was initially ordered for nine months and then renewed for another nine months in February 2024. At the time of publication of this statement, the freeze is still effective notwithstanding Mr Dimitras’ and Ms Papanikolatou’s repeated requests to terminate it.

In another court case, the Three-Member Misdemeanours Court of Athens acquitted, in April 2024, Panayote Dimitras after five years of judicial harassment. Mr Dimitras was prosecuted under criminal charges of “false accusation” and “aggravated defamation” (Articles 229 and 363 of the Criminal Code of Greece, respectively) for having denounced racist comments from a public official, Christos Kalyviotis, who in return filed a complaint against Mr Dimitras for defamation.

The Observatory recalled, already at that time, that the procedure initiated by Mr Kalyviotis was only one of many abusive cases brought against Mr Dimitras over the past few years and constitutive of strategic lawsuits against public participation (SLAPPs), abusive civil proceedings aimed at criminalising human rights defenders and journalists.

Notably, since November 2022 a criminal case is ongoing against Panayote Dimitras at the Kos Court of First Instance in which he is accused of “forming or joining for profit and by profession a criminal organisation with the purpose of facilitating the entry and stay of third country nationals into Greek territory” under several articles of Law 4251/2014 (Immigration and Social Integration Code), for having provided humanitarian assistance to asylum-seekers. On January 23, 2023, preventive measures were imposed pending trial. Mr Dimitras was banned from carrying out activities with the GHM, a measure which was subsequently lifted. He was also banned from leaving the country, subjected to the obligation to report to the police station of his place of residence every 15 days, and required to pay a bail of 10,000 Euros.

More than one-and-a-half year later, these last three measures are still in place, with the consequence that Mr Dimitras cannot travel abroad for GHM human rights activities. In August 2023, he requested that the travel ban be lifted so that he could attend international meetings, and to be allowed temporarily to report to the police station in Kelafonia, where he has a summer home. Both requests were rejected by the First Instance Court of Kos. The European Parliament expressed concern about these measures in its resolution of February 7, 2024, on the rule of law and media freedom in Greece (2024/2502(RSP)). The responses provided by the Supreme Court and the Greek government to the resolution are of particular concern and seem to constitute both smear campaigns against Mr Dimitras as well as violations to his right to a fair trial, as it was falsely claimed that he had been arrested and that he had contacted a human smuggler.

The Observatory recalls that the anti-SLAPP Directive adopted by the European Parliament entered into force on May 6, 2024. The Observatory encourages the Greek authorities to bring into force the laws, regulations and administrative provisions necessary to comply with this Directive and to ensure its effective implementation to protect human rights defenders from abusive proceedings.

The Observatory expresses concern about the continued judicial harassment against Mr Dimitras and its recent enlargement towards his wife. The Observatory urges the Greek authorities to put an immediate end to all acts of harassment against Panayote Dimitras and Nafsika Papanikolatou and to allow their free exercise of the right to defend human rights.

https://www.fidh.org/en/region/europe-central-asia/greece/greece-continued-judicial-harassment-of-migrants-rights-defender

https://www.fidh.org/en/issues/human-rights-defenders/greece-continued-judicial-harassment-against-migrants-rights-defender