E/CN.4/1993/62
page 35
32.
In a communication sent on 9 October 1992, addressed to the Government of
Greece, the following information was transmitted by the Special Rapporteur:
"It has been reported that members of the Jehovah’s Witnesses faith have
continued to be imprisoned for refusing conscription. The following cases
were brought to the attention of the Special Rapporteur and summarized as
follows:
Mr. Anastasios (Tasos) Georgiadis, a religious minister whose appointment
had been confirmed by the Prefectures of Larissa and Karditsa, saw his
application for exemption from military service for religious reasons rejected
on 17 September 1991. The Serres Recruiting Office argued that the Holy Synod
of the Greek Church had informed them that the Jehovah’s Witnesses faith was
not a recognized religion because its practice contravened two articles of the
Greek Constitution: Article 13.1 which prohibits religious rites offending
public order or moral principles and proselytism; and Article 4.5 which
requires every able-bodied Greek citizen to contribute to the defence of the
Fatherland. On 20 January 1992, Mr. Georgiadis was detained at Nafplion
Military Camp after he had refused to put on a military uniform and on 29
January, he was transferred to the Avlona Military Prison. On 17 March, the
Athens Military Court recognized him as a religious minister of a known
religion and pronounced a sentence of acquittal. He was released the
following day. Nevertheless, despite this ruling, the Recruiting Section of
the General Headquarters for National Defence is reported to have persistently
refused to recognize Mr. Georgiadis’s status as religious minister and he was
imprisoned for the second time on 4 April at the Nafplion Military Camp. On
8 May 1992, the Athens Military Court acquitted Mr. Georgiadis for the second
time and ordered his release, ruling at the same time that it was up to the
Recruitment Office to decide whether or not to issue discharge papers. The
Recruitment Office once again refused to do so and Mr. Georgiadis was
imprisoned for the third time on 22 May. His case was examined by the Council
of State on 16 June but no decision has been taken so far and no date has been
set for his trial. Mr. Georgiadis is the fourth Jehovah’s Witnesses minister
whose application for exemption from military service was rejected by the
military authorities since Law 1763/1988 came into force and despite the three
decisions issued by the Council of State emphasizing that the Jehovah’s
Witnesses faith was a recognized religion and asking for the immediate release
of three ministers: decision 3601/90 concerning the release of
Mr. Daniel Kokkalis, decision 1354/91 concerning the release of
Mr. Timothy Kouloubas and decision 1355/91 concerning the release of
Mr. Dimitrios Tsirlis.
According to the information received, 415 conscientious objectors who
belong to the Jehovah’s Witnesses faith are currently imprisoned in Greece.
They have reportedly been sentenced to terms of imprisonment of four years
which they would be able to reduce to approximately three years through work.
It has also been reported that Jehovah’s Witnesses who are detained in
military prisons continue to be denied visits by their religious leaders, in
contrast to prisoners belonging to the Greek Orthodox faith.
The following cases concerning the sentencing of Jehovah’s Witnesses on
charges of proselytism were also brought to the attention of the Special
Rapporteur: