E/CN.4/1995/91
page 40
Several conscientious objectors are said to have been refused any
food for several days and denied the right to write letters or make
telephone calls to their closest relatives. It is also reported that
they are held in unheated cells that let in the rain in mid-winter. Some
are said to have been subjected to humiliating punishment, such as being
woken up and made to clean the toilets at 2 a.m. every day and forced to
remain standing for hours.
Conditions of detention in the disciplinary cells of Nigrita Serres
are alleged to be particularly harsh: damp cells, no windows, a single
bench, only 4 square metres of space, and negligence in food distribution
on the part of the guards.
The following cases were brought to the attention of the Special
Rapporteur and summarized as follows:
Mr. Charalombos (Babis) Andreopoulos:
On 19 January 1993, Mr. C. Andreopoulos, a Jehovah’s Witnesses
minister, is said to have applied to the competent authorities for
exemption from military service on the basis of article 6, paragraph 1 c,
of Law 1763/1988, which stipulates that ’religious ministers of known
religions shall be exempt from military service’. On 22 January 1993,
the Larissa recruiting office, and on 10 February, the National Defence
Headquarters/Recruitment Division are reported to have rejected his
application, refusing to recognize the Jehovah’s Witnesses faith as a
known religion. In similar cases, the Greek Council of State is said to
have considered that ’Jehovah’s Witnesses are members of a known
religion’.
On 24 March, Mr. C. Andreopoulos reportedly lodged an appeal with
the Commission of the Council of State in order to obtain a stay of
judgement. On 29 March, the appellant’s counsel are said to have
obtained an interlocutory decision from the Council of State
recognizing Mr. C. Andreopoulos to be a religious minister and for that
reason exempt from military service. On the basis of that decision,
Mr. C. Andreopoulos reportedly appealed to the Ministry of National
Defence, which is said to have deferred the complainant’s recruitment
into the army from two to three months. Mr. C. Andreopoulos is said to
be expecting an official decision from the Council of State before the
expiry of the aforementioned time-limit. It is reported that his case
will be considered on 24 November 1994.
Leaders of the Jehovah’s Witnesses congregation in Alexandroupolis
Concerning this case, dealt with in two previous reports
(E/CN.4/1992/52, E/CN.4/1994/79), the Special Rapporteur was informed
that, following the decision of 2 July 1991 by the Alexandroupolis Court
to acquit the leaders of the Jehovah’s Witnesses congregation charged
with the illegal use of a house of prayer and to order the removal of the
seals from that site, the police reportedly performed the operation on
2 July 1991.