WRITTEN QUESTION E-1465/02 by Elizabeth Lynne (ELDR) to the Commission. Planespotters' trial in Greece.
Date: 2002-05-27
Institutions: European Parliament, Provisional data
Subjects: EU national, Greece, competence of the Member States, espionage, human rights, imprisonment, judicial proceedings, miscarriage of justice

17.4.2003

EN

Official Journal of the European Union

C 92 E/57

continue to threaten, humiliate, terrorise and massacre Guatemala’s indigenous majority. What steps has
the Union Presidency taken vis-à-vis the Guatemalan Government to prevent these acts of terrorism? Does
the Presidency intend to take appropriate measures to sanction the Guatemalan Government?

Reply

(16-19 December 2002)

1.
The Council views with the greatest concern all the threats and assaults made against indigenous
people, as well as against judges and members of the judicial authorities, human rights activists, journalists
leaders. The Council has repeatedly condemned these acts, which impede progress in
and political
strengthening the rule of law, and has urged the Government of Guatemala to protect those targeted and
have the incidents investigated, so that legal action can be taken to punish those responsible. With respect
to the specific case of the murder of Sr Guillermo Ovalle, the verification done by the UN Verification
Mission in Guatemala (Minugua)
the
perpetrators correspond to an act of common criminals. However, since a number of other cases, initially
believed to be the acts of common criminals, were later proven to have been motivated by political
reasons, Minugua continues to verify that all official enquiries do not exclude other hypotheses. The
Council will therefore continue to follow closely this case to ensure that it is properly investigated and
urge that those responsible are brought to justice.

the general characteristics of

the case and of

indicates that

2.
On 24 April, on the occasion of the fourth anniversary of the murder of Bishop Gerardi, the Council
reiterated to the Guatemalan government its concern at the persistant intimidation, threats and aggresion
suffered by members of the human rights organisations, journalists and law officers. In May the Spanish
Presidency, accompanied by various EU Ambassadors and colleagues from donor countries participated in
a demarche to the Vice President expressing concern over human rights issues, notably the threats to those
working in this field.

The Council maintains a constructive dialogue with Guatemala based on respect for human rights
3.
and the implementation of the Peace Accords both bilaterally and in the framework of the San Jose
dialogue.

(2003/C 92 E/059)

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.

C 92 E/58

Official Journal of the European Union

EN

17.4.2003

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.