TODAY’S UNFAIR TRIAL FOR THE KILLING OF VULLNET BYTYCI

23 February 2005

Today, in Kastoria (Kostur) Greece, before a Three-Member Misdemeanours Court, take place the trial of the border guard who killed 18-year old Vullnet Bytyçi, on September 23rd 2003.

Mr. Bytyçi was shot in the back of the head and killed by members of the Greek police near the Kristalopigi (Kapshtica) checkpoint while he was attempting to escape arrest. Four other Albanian persons with whom he was travelling to Greece in order to find work, Alfred Ramadan Metaliaj, S. Metaliaj, Beqir Osman Metaliaj and Bilbil Selman Metaliaj, were arrested and were later released and returned to Albania on September 27th, 2003. A sixth person, Luan Metaliaj, reportedly escaped arrest and hid for 24 hours before returning to Albania. A bullet reportedly went through his jacket without injuring him during his escape. The Greek police reported that one police border guard shot in the air to prevent their escape as well as their threatening attitude towards one of his fellow guards. There were reports that, at the time of his shooting, Mr. Bytyçi had stopped running away and did not present any danger.

Greek authorities reported at the time that the police border guard responsible for the shooting would be tried according to Greek law. Yet, although he was first prosecuted for felony reckless homicide, the Misdemeanour Council later changed the charges to mere manslaughter, a misdemeanor. Worse, today 23/2/2005 none of the witnesses from the Metaliaj family are allowed to testify before the court.

For all these reasons, the Albanian Helsinki Committee (AHC) and Greek Helsinki Monitor (GHM) consider this an unfair trial, in violation of Article 6 of the European Convention on Human Rights. They call upon Greek authorities to review this procedure and secure the holding of fair retrial with all witnesses present. They should also award adequate compensation to the family of the victim.

More in general AHC and GHM recall that the European Commission against Racism and Intolerance (ECRI) “deplored” the absence of due process in investigations of violations of human rights of Albanians and expressed the hope “that this will no longer be tolerated”. It is high time that Greece implements this recommendation.

AHC and GHM also call on Albanian authorities to take up the defence of the rights of Albanians before Greek courts in ways similar with those used by other European governments for their citizens in Greece. Only in this way will Albanians have a fair chance in Greece as do citizens of other European states afforded the support of their countries’ consular authorities.