A-Infos (en) Greece, The antiauthoritarian Movement of Salonika 2003 - the LEGAL TEAM* 2003 (tr)

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 > 1. ABOUT THE RIGHT TO GATHER/PROHIBITIONS
In the Globalization Era, freedom rights have world wide
appliance without national dependence. Therefore, article 11 of
Greek Constitution which declares that Greek citizens are free
to congregate peacefully and unarmed, is in effect also for foreigners.
Greek courts have also considered iron rods or clubs to be guns.
In case of pocket knifes' possession only their use is considered
punishable, as the issue of an administrative permit is no
necessary condition in order to legalize their possession.
It is advisable to avoid possession of jack-knives even if these
are needed for other use (e.g. professional etc).
Authorities have the power to prohibit a demonstration before it
takes place, in case severe endangerment of public safety or
threat of a serious turbulence of socio-economical conditions.
A certain demonstration is considered illegal and therefore not
protected by the Constitution when it ceases to be peaceful and
unarmed and diverts into acts of violence against people or
properties. In the cases named above, the presence of a Public
Prosecutor is obligatory and the ban or invitation of the crowd to
dissolve is pronounced three times.
Note that in Greece it is a rare case, a civilian to be arrested on
the only reason of participating in an illegal demonstration.

2. HOW TO PREPARE DUE TO THE DEMONSTRATION


- Make sure to agree with your friends on a certain meeting point
at which you can reach them after the demonstration. In this
way, unnecessary panic, as well as pointless quest of intimates
shall be avoided.

- Leave at home any phone books and deactivate your mobile
phone, so that in case of arrest the police could not have access
to the phone numbers of your friends.
- Do not keep any drugs on you. In Greece even the mere
possession of a small quantity of soft drugs is considered illegal
and punished with imprisonment. Import of drugs in the country
is considered a felony and punished with incarceration (over five
year imprisonment). Avoid the consumption of alcoholic spirits
or drugs before the demonstration: they may reduce your reflexes
and perceptive ability.

- Note on your hand or learn by heart the phone number of Legal
Team 2003.
- In Greece it is not illegal to wear scarf or hood or gloves or any
other protective (shields), (leggings, swimming glasses etc),
though their use is considered an aggravating circumstance
regarding the crime of resistance to authority (as far as we are in
the position to know this term has fallen into disuse. You may be
fitted out with whatever of these you may reckon as suitable for
your protection, always having in mind that sometimes, taking of
excessive measures could attract the attention of the police.

- Make sure that you have with you:
a. Identity card or passport or any other official document witch
proves your identity
issued by any official authority of your country of origin. On the
occasion that you will be submitted to identity control, you have
the right to request from the police officer in civvies, to show you
his/her identity card. Although you are not obliged, as long as you
carry with you the relevant document named above, to follow him
to the police station, in case you are eventually forced to do this,
try to exert a gentle pressure in order to shorten this procedure.
Ask coolly but firmly to be informed of the cause of your transfer
to the police station and demand to be given the possibility to
contact a lawyer or Legal Team 2003.
b. Phone card.
c. In case of arrest, some medicine you definitely need or contact
lens' rinse.

3. ADVISABLE BEHAVIOR DURING THE
DEMONSTRATION (EXTERNAL OBSERVER AT
INCIDENTS OF POLICE INTERVENTION)


Make sure that you will not stray too far from the main body of
the demonstration and keep your eyes open so as to be able to
defend yourself and even others by testifying for example to
incidents including police interference.
In case you eye witness an arrest or maltreatment of a
demonstrator, try to ascertain his or her identity (name and
forename is enough), and inform Legal Team 2003 of the time,
place and facts of the incident. It is useful, as soon as you reach
a safe place, to depict everything you happened to witness in
every possible detail and to make sure that your story is passed
only by you or a person you consider trustworthy on Legal Team
2003 without using fax or e-mail messages. Your identity, as
well as the content of your report will not be made known to
anybody else except for the members of the Legal Team 2003,
and could be utilized further to, according to your wish, in legal
action associated with demonstrators' defense or even against
members of the police force who might have committed some
offence.

4. ADVISABLE BEHAVIOR IN CASE OF ARREST

A. DURING YOUR TRANSFER TO THE POLICE STATION


Make sure not to answer to any police question, nor to intervene
to a "friendly chat". Whatever you utter may be used against you
or against other persons.
Exchange identity particulars with other arrested. In this way the
prompt notification of Legal Team 2003 will be facilitated in case
any of the arrested persons might be released earlier than the
others. Do not discuss your action with other arrested persons
as this may aggravate your position.

B. AT THE POLICE STATION

- Make sure to be informed whether you are accused of any
offence or it is all about a simple identity control transfer. In the
second case, the police are obliged to release you as soon as
your identity control is completed. (Though the latter could even
take several hours).
- In case of arrest and bringing of charge against you, the main
policy, which should lead your attitude, is your hermetic silence
to any attempt of the police officers to approach to you. Provide
for a lawyer. Do not answer any questions other than those
relative to your identity (e.g. not even if asked whether you have
any brothers or sisters, where you work etc). In general keep
aloof (decline a coffee treat etc). Even if you judge that a certain
element could alleviate your position, you have adequate margin
of time to testify to it at a later time after having contacted your
lawyer and intimates.
- Do not sign any document (preliminary examination testimony
etc) without the presence of a lawyer. No matter how exhausted
you may be, even if this requested signature may be presented to
you s a formal procedural insignificant detail, you should keep in
mind that, what is important for the sequel in Court is exclusively
the documents of the brief.

Basic Rights at the police station:

- You have the right to demand and receive the document witch
comprises your lawful rights in your native language as well as
the presence, during the whole procedure, of an interpreter who
can speak your native language.
- You have the right to make one successful phone call. If you
call Legal Team 2003, give us some necessary information
(name and forename, location and name of the police station
where you are being detained, where and when you have been
arrested, your citizenship and which is your speaking language).
- You have the right to engage a lawyer of your preference. In
case you contact Legal Team 2003, we will provide for a lawyer
the soonest possible.
- They can take from you all your mobile objects that you carry
with you (e.g. wristwatch, mobile phone, money, keys). You
have the right to ask them to draw up a formal list of these items.
- If you are a woman demand to be searched by a female police
officer.
- If you are wounded, demand your medical examination by a
forensic surgeon who will issue a corresponding opinion.

The police authorities are obliged to bring you the soonest
possible before the Public Prosecutor, in any case exclusively
within 24hours' time following your arrest. If the 24hours' time
limit has already expired without you having been brought before
the Public Prosecutor, demand to be released immediately.

C. TO THE PUBLIC PROSECUTOR

The Public Prosecutor may bring charges against you and has the
following alternative options:


a. Either to commit you to a scheduled trial, and then you shall be
released.
You are obliged to state a permanent residence or home address.
It is important for you to know that a fraudulent statement of
your address or identity particulars is not going to help you at all.
On the contrary, apart from the fact that this exposes you to
relevant penal liability, it gives the authorities the convenience to
bring you on a legitimate trial with valid servings of summons to
a false address, without leaving you the ground to a later
complain that you have not been aware of the appointed trial date
because you happened to actually have a different residence.

b. Or to order replenishment of the preliminary inquiry (rarely), or
judicial investigation, especially, when the enforcement of
restrictive measures (such as bail, regular report/appearance to
the police station, prohibition to leave the country etc) or
temporary detention (in case of felony or other severe crimes)
are considered necessary. Accordingly to past demonstration
experience, temporary detention has been enforced practically
only on crimes which are relevant to Molotov cocktail bombs.
The official plea for your temporary detention in this case is the
risk of your possible escape or committing of other crimes. In
consequence, the subsistence of a permanent residence, job, as
well as a clean criminal record, is definitely very helpful.

c. Or, to commit you to trial accordingly to flagrant crime
procedure. In this case you shall be brought before Court within
24 hours and you may be given a short time limit in order to
prepare your defense/advocacy. During this time limit the
continuance of your detention may be ordered.


5. ADVISABLE BEHAVIOR AFTER HAVING BEEN
RELEASED IN CONSEQUENCE OF A TRANSFER TO THE
POLICE STATION OR AN ARREST

Notify your intimates that you have been released, and inform
Legal Team 2003 of the charge that has been brought against
you, if any, or of any other person who, to your knowledge, might
still be in detention. Do not chatter about your action not even to
your intimates. It doesn't help you in anyway and furthermore
your words might reach the ears of the wrong persons.
In case you have been maltreated, provide for a medical
examination in a state hospital and ask for a copy of the doctor's
opinion.

6. EYEWITNESS'S BEHAVIOR

In case you are requested to testify under oath as an
eyewitness, ask for a lawyer, as it is a usual situation a person
to be firstly examined as a witness, and later on when charges
have been brought against him, his position to be aggravated
because of his/her precedent under oath testimony.
Ask for a lawyer and, on the occasion your request is rejected,
demand this to be recorded on the minutes.
Although you do not have the right to refuse your testimony, it is
wise to reply in a manner " I know nothing relevant to the
incident". It is a fact that the report of facts on this stage has
never improved the position of any defendant. Any favorable
evidence can be given only in consultation with a lawyer.

7. UNIVERSITY ASYLUM

During the manifestations against the Summit Meeting of June
2003, a major volume of demonstrators will reside at the
premises of the University. In Greece university asylum is
consolidated. This means that police intervention, without the
former invitation or permission of the competent three member
organ, is prohibited in all University area, unless flagrant felonies
or flagrant life threatening crimes occur.
This does not mean that crimes committed in University
premises may remain unpunished, but that within these premises
no arrest could be legitimate except for the cases of the crimes
named above.

8. FOREIGNERS' DEPORTATION

The deportation of a Foreigner from the country can be ordered
either judicially or administratively. In the first case, deportation
may be ordered against a foreigner who resides legally in
Greece, either he/she happens to be an EEC citizen or not, after
a sentence which inflicts a penalty higher than three months. An
Administrative order on deportation may be issued by police
authority, among other reasons, due to the necessity to protect
public order.
In any case it is advisable to foreign demonstrators to contact
Legal Team 2003 in order to proceed with the legal means
provided by the law against the order of deportation.

Always keep in mind: knowledge is power!
Do not panic, keep cool in order to confront efficiently the
mechanism of state suppression (wishing you at the same time
not to have to.).





LEGAL TEAM 2003


Legal team 2003 consists of lawyers who wish to assist demonstrators
in order to exert their right to demonstrate freely, as long as their
manifestations have no racist or xenophobe content. Part of our aim is
to offer legal support to whoever may need it, as well as the provision
of consultative-informative material to all those who will demonstrate
in Thessaloniki on the occasion of the Summit Meeting (Conference) of
EEC, which will take place in June 2003.



During the days of demonstrations (13-21/06/2003) you can contact us in tel. 2310 24310 (5 lines)



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