E/CN.4/1990/46
page 17
proselytism. In this context, non-Orthodox believers who reportedly
practise or proselytize their religion are frequently prosecuted.
Indeed, between 1983 and 1988 about 2,000 persons were arrested for these
reasons and 400 of them condemned.
"It has also been reported that Jehovah's Witnesses who attend State
schools are often harassed and subjected to psychological pressure."
44. On 8 December 1989, the Permanent Mission of Greece communicated the
reply of the Greek Government to the Special Rapporteur's letter of
10 November 1989:
"As rightly pointed out in the Special Rapporteur's note, there is
an official church in Greece, the Oriental Greek Orthodox Church. This
is stipulated in article 3 of the Constitution. National and historical
reasons have made such a provision indispensable in all the country's
constitutions ever since the inception of Greece as a State. May we note
that the common thread throughout these constitutions has been the
establishment of the rule of law and respect for human rights and
fundamental freedoms, including the basic freedom of religion or belief.
"The freedom of religion or belief for those who do not happen to be
of Greek Orthodox Faith is in no way jeopardized or otherwise indirectly
impaired by the fact of the existence of an official church. All
religious communities can freely exercise their religion individually or
in community with other members of the same faith, subject only to the
limitations of public order, morals, the fundamental freedoms of others,
etc., in the spirit of article 18 of the International Covenant on Civil
and Political Rights. However, as rightly pointed out, there does exist
one more important caveat - proselytism is prohibited: proselytism with
regard to all religions including, it needs to be stressed, proselytism
on the part of the Greek Orthodox Church. Within the Greek setting,
proselytism has been defined as being adverse to freedom of opinion, as
intruding into one's privacy - another of the well-known traditional
human rights - and, perhaps, above all, as prejudicial to one's freedom
of choice and personal development.
"As for the figure of some 2,000 being persecuted, most were
apparently taken to court for attempts at proselytism, although the
number of those having attempted proselytism is deemed to be far
greater. It is worth noting that only one in four of the cases brought
to court ended up being condemned - some 400 - an indication of how
sparingly this provision of the Greek Constitution is applied by the
courts as well as by the law enforcement agencies.
"On the question of alleged harassment or psychological pressure
against Jehovah's Witnesses in schools, nothing of the sort has been
reported, although it could be that the well-known tendency of members of
this particular religious community to propagate their religious faith in
order to convince others may perhaps have been the cause of some friction
among pupils in some schools."