WRITTEN QUESTION E-1465/02

by Elizabeth Lynne (ELDR) to the Commission

(27 May 2002)

Subject: Planespotters' trial in Greece

On 8 November 2002, 12 British citizens and two Dutch nationals were arrested in Greece for allegedly taking photographs inside a military base following an air show. They were kept in prison in Kalamata without charge or trial for a period of almost six weeks.

They were eventually released on bail and went to court on charges of espionage. Some of them were convicted to 3 years imprisonment and others to one-year suspended sentences.

A number of irregularities however occurred during their trial.

The prosecution's case was based on an anonymous document from the security services and was supported in court by a middle-ranking Greek Air Force officer. He refused however to answer any pertinent cross-examination points by the defence on the grounds that he did not know or that they were matters of national security. Moreover all the oral and written evidence given by three experts was rejected in favour of this anonymous document.

Will the Commission verify whether the proceedings violated the right to a fair trial?

Will the documents on procedural safeguards in criminal proceedings that the Commission intends to initiate provide sufficient safeguards so that similar situations will not be repeated?

Can the Commission provide a timetable and a list of documents which it intends to initiate?

Can the Commission guarantee that the proposed recommendations are going to stop such miscarriages of justice being repeated?

Answer given by Mr Vitorino on behalf of the Commission

(9 July 2002)

The Commission has no authority to verify whether proceedings in any Member State violate the right to a fair trial; there is no legal basis or mechanism for actions of this sort. The European Convention on Human Rights (ECHR) lays down the standards required for a fair trial. These provisions are set out in Articles 5 (Right to liberty and security) and 6 (Right to a fair trial) and are developed in the case law of the European Court of Human Rights. Any complaints that proceedings violated the right to a fair trial have to be made to that Court, after exhaustion of domestic remedies. Consequently, the planespotter tourists must first of all appeal against their convictions in the Greek Court of Criminal Appeals. If the appeal is unsuccessful, an application can then be made to the European Court of Human Rights.

The planned Green Paper on procedural safeguards for suspects and defendants in criminal proceedings throughout the Union will cover all aspects of Article 6 other than Article 6(2)(d) which relates specifically to the examination of witnesses. It is intended to carry out a study of evidence (including testimony of witnesses) probably during the course of 2003.

The conduct of individual trials is the responsibility of the Member States themselves and the Commission is not in a position to ensure that similar situations do not arise again.

As regards timetable, after studying responses to the Consultation Paper which was posted on the Commission's website(1) in February 2002, the Commission shall be drawing up a report of the replies. The Commission is holding an experts' meeting in September 2002 and a Green Paper is scheduled for October 2002, covering the aspects set out in paragraph 2 above.

The Commission is also engaged in a study scheduled for completion by the end of 2002 on how bail/provisional detention is administered in the Member States.

Moreover, the Commission intends to carry out a study on how evidence is obtained and administered throughout the Union.

One of the aims of the work the Commission is engaged as to safeguards is precisely to avoid miscarriages of justice. These may occur in all the Member States and the case law of the European Court of Human Rights underlines that different legal systems may result in different types of judicial error. It is hoped to reduce miscarriages of justice whatever their cause. Furthermore, one of the specific parameters for evaluating the measures proposed for the implementation of the principle of mutual recognition requires an assessment of liability of the arrangements in the Member States (of the prosecuting or investigating authorities) in the event of an acquittal. Miscarriages of justice and their consequences will be examined as part of the work under this heading.

(1) http://europa.eu.int/comm/justice_home/unit/penal/consult_paper_proc_safeguards_en.htm.