WRITTEN QUESTION E-0484/02

by Nelly Maes (Verts/ALE) to the Commission

(22 February 2002)

Subject: Political trial of the journalist Dede Abdulhalim in Greece

Recently, legal proceedings have been brought against a number of democratic journalists in Greece. One example is the prosecution and conviction of Dede Abdulhalim of Komotini in Thrace, a journalist specialising in minority affairs and proprietor of the newspaper Trakianin Sesi and of the local radio station ISIK FM.

The circumstances were as follows. On 14 January 2000, during a music programme on the local radio station ISIK FM, a piece of music was broadcast at the request of a listener who identified himself as Boskurt (Grey Wolf). Next day, a complaint was lodged against the journalist because of this request. The accusation was that the request referred to the Turkish-based extreme right-wing organisation the Grey Wolves, which was described as a criminal act and a national betrayal of Greece. The recording of the broadcast in question proves that only the name of the listener, Mr Boskurt (Grey Wolf), was mentioned without any further details.

On 25 February 2000, Mr Karaiskos brought proceedings against Mr Dede Abdulhalim before the court of Komotini for alleged insulting behaviour. The case was heard on 6 September 2001. The judge decided by judgment no 1071 to sentence Mr Dede in absentia to four months' imprisonment. The appeal is to be heard on 12 February 2002 at the Appeal Court in Komotini.

Is the Commission aware of this case?

Did these proceedings respect the right to freedom of expression and freedom of the press?

Will the Commission request information about this from the Member State concerned?

Answer given by Mr Vitorino on behalf of the Commission

(3 April 2002)

The Commission believes that freedom of expression and information are included in the principles common to the Member States, referred to in Article 6(1) of the Treaty on European Union. These principles were solemnly reaffirmed by the Charter of Fundamental Rights of the European Union, Article 11 which states:

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

2. The freedom and pluralism of the media shall be respected.

As the explanations relating to the Charter make clear, this provision corresponds to Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

In the case of the Member States, respect for this principle is ensured through the infringement procedure laid down in Article 226 of the EC Treaty and through the political procedure provided for in Article 7 of the Treaty on European Union. Under the former, the Commission may refer a matter to the Court of Justice if the alleged breach falls within the scope of Community law. Under the latter, the Commission, or a third of the Member States, may refer a matter to the Council, meeting at the level of Heads of State or Government if a serious and persistent breach of the principles mentioned in Article 6 is alleged.

In the particular case raised by the Honourable Member, according to the information at the Commission's disposal, there is no evidence of incorrect application of Community law or the existence of a serious and persistent breach within the meaning of Article 7 of the Treaty on European Union, such as to warrant invoking the political procedure provided for in that Article.

At this stage, therefore, the Commission does not plan to put any further questions to the Greek authorities.

Finally, as a general point, it is worth reiterating that anyone who believes that his or her fundamental rights have been violated is entitled to seek redress through the national appeal courts and, after exhausting these remedies, to take the case to the European Court of Human Rights if it involves a violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms.