Για να καταλαβετε δε ποσο σημαντικο ειναι το θεμα στην Επιτροπη Υπουργων του Συμβουλιου της Ευρωπης ιδου και η χθεσινη εξελιξη:
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Examination by the Council of Europe's Committee of Ministers of the execution of a new case concerning the violation of freedom of religion and the lack of an effective remedy in this respect
42837/06+ Dimitras and others v. Greece, judgment of 03/06/2010, final on 03/09/2010
This case presents similarities to the Alexandridis case (19516/06) (Section 4.2).
The Deputies decided to resume consideration of this item at the next examination of the Alexandridis group of cases.
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19516/06 Alexandridis, judgment of 21/02/2008, final on 21/05/2008
This case relates to an infringement of the applicant’s right to not have to divulge his religious convictions in that he was obliged to reveal that he was not an orthodox Christian when taking an oath of office in 2005 (violation of Article 9). Provided with a standard statement form attesting a religious oath, the applicant was forced to declare before the tribunal where he was taking his oath of office, that he was not an orthodox Christian and did not wish to take a religious oath but wanted to make a solemn declaration. The tribunal allowed him to do so but the minutes of the ceremony did not record this request.
The European Court noted that these proceedings show the existence of a presumption that barristers presenting themselves before tribunals are Orthodox Christians. Under domestic law, the oath that any civil servant must take is usually a religious oath (article 19§1 of the Civil Service Code). Those wishing to make a solemn declaration are obliged to declare themselves atheists or that their religion does not permit the taking of a religious oath (§§36-37 of the judgment). Concerning the existence of two different statement forms invoked by the government, the Court noted that the copies brought before the Court were dated 2007 and that as a result it could not come to the conclusion that such forms existed at the time. Even if the two different forms had existed, the Court considered that the applicant could not be blamed for his failure to obtain the proper document. The President and registry of the tribunal have informed the applicant that there existed a specific form for the solemn declaration.
In addition, the Court considered that the applicant did not have an effective remedy regarding the violation of his religious freedom (violation of Article 13). It also noted in this respect that the applicability and effectiveness of procedures for correcting minutes such as those provided in the Code of Criminal Procedure had not been proved (§§48 and 25 of the judgment).
Individual measures: The European Court awarded just satisfaction in respect of non-pecuniary damages.
• Information would be useful as to whether it is possible to rectify the minutes relating to the applicant’s swearing-in or alternatively to communicate an annotation of the European Court’s judgment to the court office of the bar concerned.
General measures:
1) Right to freedom of religion: The judgment has been sent out to all relevant judicial authorities (letter of 12/01/2009).
By a communication under Rule 9.2 of 07/10/2009 the Greek National Commission for Human Rights (GNCHR) provided information on the adoption at its Plenary Session of 29/05/2008 of a Decision on the replacement of religious oath by civil oath which was communicated to the competent Ministries. The GNCHR recommended the amendment of certain provisions of the Codes of Civil and Criminal Procedure, to achieve the replacement proposed.
On 15/10/2009 the Greek authorities indicated that this communication regarding the abolition of the religious oath had been brought to the attention of the Minister of Justice, Transparency and Human Rights who would consider the question carefully.
• Information is awaited on the present practice relating to professional oaths of barristers, especially whether the barrister is informed beforehand of the possibility of choosing between a religious oath and solemn declaration. The Greek authorities are also invited to provide information on any other measures envisaged or already taken to prevent new, similar violations and especially on possible legislative changes to the rules relating to the oath taking for barristers (see the conclusions of the European Court in this respect).
2) Right to an effective remedy:
• Information is needed on the existence or introduction of a remedy allowing a domestic body to hear complaints similar to those raised by the applicant in the present case and offer an effective remedy. Information is particularly awaited on the possibility of rectifying the minutes of swearing-in ceremonies for barristers and on the appeal for damages if necessary.
The Deputies decided to resume consideration of this item at their 1108th meeting (March 2011) (DH), in the light of information to be provided on individual and general measures.
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ΑΡΑ ΟΣΟΙ/ΕΣ ΑΠΙΣΤΟΙ/ΕΣ ΠΡΟΣΕΛΘΕΤΕ!!!