Greece is among the top 10 countries that do not execute the ECtHR judgments, which is also
criticized by the Chairman of the Special Committee of the Greek Parliament on monitoring the
judgments of the ECtHR, Maximos Charakopoulos. As noted in the EU 2022 Rule of Law Report on
Greece, Greece had 30 leading judgments of the European Court of Human Rights pending
implementation. The oldest leading judgment, pending implementation for 18 years, concerns the
access to and the efficient functioning of justice due to the lack and the delayed enforcement of
domestic judicial decisions. In the Bekir Ousta group of cases, the re-opening of the proceedings for
the applicant associations did not start despite the legislative amendment adopted by Greece in 2017,
and the three judgments are pending for more than 14 years.
The Court of Cassation has rejected appeals lodged by three applicants in 2021 and 2022, despite the
Interim Resolution(CM/ResDH(2021)105 and the Decision (CM/Del/Dec(2022)1436/H46-8) of the
Ministers Deputies. This group of case has been politicised due to the denial of the ethnic Turkish
identity and the lack of the necessary political will at the national level. Furthermore, an investigation
has been launched against the President of Xanthi Turkish Union and 11 other representatives of the
Turkish community 7 months after the march organised on 10 July 2021 to protest the failure of the
execution by Greece of the ECtHR.
Our NGO has sent an urgent appeal in March 2022 to the UN Special Rapporteur on the Rights of
Human Rights Defender on the violation of the right to freedom of peaceful assembly and of
association and asked the Rapporteur to investigate the violations of the freedom of association of the
Turkish community in Western Thrace by Greece and the right to access to justice due to the nonexecution of ECtHR’s judgments in Bekir Ousta group and send a letter to the Government of Greece
ahead of her visit to Greece.
Apart from the Turkish community in Western Thrace, more than 6.000 Turks people live in the
Dodecanese islands, mainly in Rhodes and Kos in the Aegean Sea. Greece does not recognize any
minority rights of the Turkish minority in Rhodes and Kos on the ground that the islands were under
the rule of Italy at the time the Lausanne Peace Treaty was signed, Greece does not recognize the
ethnic identity of the Turkish population in the islands and name them as “Greek Muslims”.
According to the findings of the Committee of Legal Affairs and Human Rights of the Council of
Europe and the NGO Human Rights Without Frontiers, the problems of the Turks living in the
Dodecanese are citizenship, learning of Turkish, religion and worship, hatred and pressure, the
protection of the cultural heritage of the Ottoman Turks and the pious foundations(waqfs) problem.
There is no improvement in the solution of the problems mentioned above.
Mustafa Kaymakçı, the President of, Rhodes, Kos and Dodecanese Turks Culture and Solidarity
Association (ROISDER), a diaspora organization which has the aim of preserving the cultural identity
and traditions of the Turkish community in Rhodes and Kos, was arrested in Kos (İstanköy) in 2016,
where he went on a research field trip, for a new project of his organization. Kaymakçı was kept under
detention one night and then expelled from Greece on grounds that he poses a threat to the public
order in the country. The deportation of Kaymakçı from Greece was an attempt of intimidation by
Greek authorities against the Turkish community living in Rhodes, Kos and the Dodecanese, which is
kept under political pressure for almost 70 years.
Greece should respect the rights of the Turkish community in Western Thrace and the Turkish
community in Rhodes and Kos and ensure that everyone is effectively protected against all forms of
discrimination and can fully enjoy their rights under the specific treaties they are granted with rights and
other international human rights conventions.
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