Press conference

RIGHTS OF ALBANIANS IN GREECE

February 2005

A.     Positive developments

Almost 15 years after the first Albanian immigrants came to Greece, it is fair to state that the Greek state, Greek society and Greek media all agree that Albanian migrants are a permanent and positive element in Greece. Despite the difficult times most migrants went through, they can now integrate Greek society. Legal residence and social security are available, children go to Greek schools and many excel, just as many Albanians distinguish themselves in the professions, the arts, and in sports. Greece today recognizes the vital role of migrants – and especially Albanians – in recent major successes like entering the “euro” zone and holding the Olympic Games.

B.     Main problems

Despite the positive developments, Albanians continue to be the object of multi-facet discrimination, aptly recorded in the European Commission against Racism and Intolerance (ECRI) Third Report on Greece (released in June 2004):

“Albanians are particularly subject to prejudices and stereotypes although the situation has improved somewhat” (paragraph 100). “Some media express certain prejudices and negative stereotypes towards (…) Albanians (…). The statements in question are sometimes tolerated by the judicial authorities in the name of the freedom of expression. (…) The principle of freedom of expression does not extend so far as to authorize the publication of racist statements (paragraph 96). “ECRI express concern over serious allegations of ill-treatment of members of minority groups, such as Roma and both authorized and unauthorized immigrants. The ill-treatment in question ranges from racist insults to physical violence and is inflicted either at the time of the arrest or during custody. ECRI is particularly concerned over the existence of widespread allegations of improper use of firearms, sometimes resulting in death” (paragraph 105). “Human rights NGOs draw attention to (…) cases where impunity is allegedly enjoyed by officials responsible for acts of violence, whose prosecution has not lead to results or even been initiated. ECRI deplores such a situation and hopes that it will no longer be tolerated” (paragraph 106). “ECRI is concerned over reports from human rights organizations to the effect that neither the spirit nor the letter of the (immigration) law (no. 2910/2001) are being complied with by the civil servants charged with its application (…). ECRI therefore considers that much remains to be done in order to permanently stabilize the legal statute of the non-citizens in Greece” (paragraph 116). “ECRI also encouraged the Greek authorities to introduce courses of Albanian for Albanian immigrants pupils” (paragraph 43).

Most of these problems will not decrease, let alone disappear, until Albanians in Greece – as well as Albanian organizations – are empowered to advocate efficiently for their rights, including defending themselves when they are in trouble with the law, justifiably or unjustifiably. Such empowerment necessitates a systematic, comprehensive and long-term cooperation of Albanian authorities with Albanian and/or Greek organizations to reach out to the hundreds of thousands of Albanian migrants, inform them of all their rights and help defend them in such a way that they be treated without discrimination. Legal Albanian residents must always remain legal; innocent Albanians must always be founded innocent; guilty Albanians must always be founded guilty but given sentences similar to those given to Greeks for the same crimes. Hate speech against Albanian immigrants must be punished. It is shameful for Greece that courts have acquitted mainstream media that have printed texts in which immigrants are called “scums chanelled into Greece who have come to kill, rob and rape Greece”; or reference is made to an “Albanian plague”, with calls for “exemplary cruelty to those who break the law in order for the Albanians to respect Greeks”.

Without a systematic empowerment effort, the occasional attempts of NGO volunteers can only help solve few and minors problems. Without a comprehensive plan of Albanian authorities and Albanian and Greek NGOs to set up a network of honest, competent and adequately paid lawyers, Albanians will more often than not pay lawyers who will not give them the best defense possible while often overcharging their clients. Especially in difficult court cases involving ill-treatment or shooting or disappearances of Albanians at the hands of Greek authorities, recent experience has showed that it often takes even denunciation to the Council of Europe or the U.N. for Greek judicial authorities to open investigations or handle them fairly. Even then, as such cases may take years, if they are not closely monitored, they may lead to acquittals with crucial evidence being ignored or disappearing. On 23 February 2005, the trial of the border guard who killed Vullnet Bytyci in September 2003 is taking place without the other Albanian witnesses allowed to be present in court. The investigation in the case of Gramoz Pallushi killed by the a racist after the football game Albania-Greece in September 2004 seems to have found a “convenient” psychiatric evaluation of the perpetrator which is scientifically flawed. The police officer who killed Gentjan Celniku in November 2001 was acquitted as the court accepted an irrational ‘accidental shooting’ version. The deportation of 10-year-old Elvis Gjoni in October 2000, found illegal by the Greek Ombudsman, was never investigated by the police, the files are being refused to the defendants of Elvis, and the lawsuit for the compensation has not received a hearing date for nearly three years. Contrary to UN recommendations, Greece is refusing to legally residing Albanian Roma the protection given to Greek Roma. The most appalling case finally is that of 502 Albanian street children, that disappeared between 1998 – 2002, while at the hands of Greek authorities. Even after an investigation by the Greek Ombudsman the case was not sent to the prosecutor for a judicial investigation into the disappearances. It took a Greek Helsinki Monitor criminal complaint in May 2004 for the prosecutor to press felony charges “against anyone involved” for “the abduction of the children less than 14 years of age”. Charges were pressed in December 2004 while in November 2004 the UN Committee Against Torture expressed its concern on the issue, asked for a judicial investigation and for a report by Greece back to the Committee within one year. However, by the end of the February 2005 the list of the names of the children, the most crucial piece of evidence, has not been given by the police and by the Ombudsman to the investigation judge, who can therefore not start her work.

C.     Conclusion

The positive developments that led to the institutional acceptance of the integration of – mostly Albanian – immigrants in Greece are hampered by the discriminatory and biased attitude of so many state authorities towards Albanians that is incompatible with a state of law. A systematic and comprehensive defense of Albanians rights is necessary to help overcome this democratic deficit in Greece.