Case GRC 161003
Violation of personal integrity / Extrajudicial execution / Impunity

The International Secretariat of OMCT requests your URGENT
intervention in the following situation in Greece.

Brief description of the situation

The International Secretariat of OMCT has been informed by Greek
Helsinki Monitor, a member of the OMCT network, and the Albanian
Rehabilitation Center for Torture and Trauma, of the severe beatings,
injuries and/or killings of 17 Albanian citizens at border areas in
Greece.

According to the information received, on Monday, September 15th,
2003, at about 5:00, Albanian citizens Ligor Halimi (age 41), Mili
Halimi (43) and Rahman Pashollari (62), were severely abused by Greek
policemen. The three Albanians had been working since September 5th,
2003 in Greece and were returning to Albania when they were stopped
near the border by six Greek police patrol officers dressed in
camouflage uniforms and black hoods. The officers searched them, took
the money they were carrying, and reportedly began to punch, kick and
hit them with wooden batons on all parts of their bodies.

Following this, the three men were taken to a detention facility in
Pili (Florina), where their identity data weas recorded. No violence
was reportedly used against them at the detention facility, where
they were kept for approximately one hour. The policemen then took
them to the Kapshtica (Kristalopigi) border crossing point. In
Kapshtica, the three men allegedly received no assistance from the
Albanian police, even though the gravity of their injuries was clear.
They then travelled to their homes in Elbasan, where they sought
medical attention at the local hospital. Of the three travellers,
Ligor Halimi experienced the most severe injuries, while Mili Halimi
and Rrahman Pashollari suffered only light bruises on their knees and
arms. Ligor Halimi was hospitalized in Elbasan and was diagnosed with
injuries to the abdomen and a ruptured spleen, accompanied by
internal haemorrhaging. L. Halimi later underwent surgery to have his
spleen removed.

Separately, on September 23rd an 18-year old Albanian, Vullnet
Bytyçi, was shot in the back of the head and killed by members of the
Greek police near the Kristalopigi checkpoint while he was attempting
to escape arrest. Four other Albanian persons with whom he was
travelling to Greece in order to find work, Alfred Ramadan Metaliaj,
Emri Saetr Metaliaj, Beqir Osman Metaliaj and Bilbil Selman Metaliaj,
were arrested and were later released and returned to Albania on
September 27th, 2003. A sixth person, Luan Metaliaj, reportedly
escaped arrest and hid for 24 hours before returning to Albania. A
bullet reportedly went through his jacket without injuring him during
his escape. The Greek police reported that one police border guard
shot in the air to prevent their escape as well as their threatening
attitude towards one of his fellow guards. There are reports that at
the time of his shooting, Mr. Bytyçi had stopped running away and did
not present any danger. The authorities have reported that the police
border guard responsible for the shooting would be tried according to
Greek law. He has been prosecuted for reckless homicide and the
decision of the Misdemeanour Council is pending as to whether or not
he will be referred to trial.

In another incident, three Albanians - Leonard Shëmbilko, Dashamir
Brakolli and Sokol Hallko - were reportedly subjected to ill-
treatment by Greek policemen on September 22nd. Mr. Shëmbilko and Mr.
Brakolli reportedly regularly visit Greece for employment purposes
and had valid documents, but were nevertheless arrested by the Greek
police near Kastoria and were beaten with hard objects, before being
taken to the Mesopotamia police station, where the beatings allegedly
continued for several hours. Of the three, Mr Brakolli received the
worst injuries, however he did not officially report the incident to
the Greek authorities out of fear of reprisals.

In addition, 35-year-old Gani Ibrahim Rama from Kruja was reportedly
shot at on September 25th by Greek soldiers, wounding him in the arm,
as he was running to evade them having crossed the border illegally.
He was arrested and detained for several days before being released
and returned to Albania.

The whereabouts of 25-year-old Sokol Allkja, 31-year-old Ardian
Allkja and Edmond Sula also have remained unknown, according to their
relatives, since they left for Greece from Cerrik, Albania, allegedly
on September 19th, although reports indicate that Sokol Allkja was
wounded by the Greek police and is possibly in Korca hospital, while
his brother Ardian is in prison. Nothing further is currently known
about Edmond's situation.

Arjan Torka, from the town of Gramsh, reported having been beaten and
insulted by an official on the premises of the Greek customs at
Kristalopigi between the 4th and 5th of October 2003. The police
officer checking his passport claimed that it was forged and started
punching and kicking him. After refusing to sign a form in Greek that
he could not understand, he we was told to leave the Greek territory
and to obtain a new passport and visa. The Korca police, who promised
to investigate the case, reportedly
stated that the passport was not forged whilst there reportedly was
an undertaking on the part of the Greek authorities (Director of
Police of Kozani) that measures will be
taken so that similar incidents do not occur in the future.

The International Secretariat of OMCT is gravely concerned by these
recent reports of violent beatings and shootings of several Albanian
men who were crossing the border
into Greece by Greek police officers; as well as the several previous
cases of similar incidents that were not investigated leading to
impunity of the perpetrators (see below
attached document). OMCT is particularly concerned by the
extrajudicial execution of Mr. Vullnet Bytyçi and the disappearance
of Mr. Edmond Sula. OMCT calls upon the
Greek authorities to take all necessary measures to guarantee the
physical and psychological integrity of all persons crossing its
border, and to order an immediate,
impartial and effective investigation into the circumstances of these
recent and past events, identify those responsible, bring them before
a competent and impartial tribunal,
and apply the sanctions provided for by law. OMCT urges the
authorities to guarantee that the victims are provided with adequate
reparation, including medical assistance.

Action requested

Please write to the authorities in Greece urging them to:

i. take all necessary measures to guarantee the physical and
psychological integrity of all Albanian persons crossing the Greek-
Albanian border;
ii. immediately locate the whereabouts of Mr. Edmond Sula;
iii. order a thorough and impartial investigation into the
circumstances of these events, notably the allegations of beating,
shootings and the extrajudicial execution, in
order to identify those responsible, bring them to trial and apply
the penal and/or administrative sanctions as provided by law;
iv. guarantee that adequate reparation is granted to the victims and
the family of the deceased;
v. guarantee the respect of human rights and the fundamental freedoms
throughout the country in accordance with national laws and
international human rights
standards.

Addresses

· Constantine Simitis, Prime Minister, Prime Minister's Office at the
Hellenic Parliament, Greek Parliament Blgd, Constitution Square,
Athens / Greece, Fax: +30
210 724 17 76, Email: Mail@...
· George Papandreou, Foreign Minister Athens, Fax: 30 210 36 81 433,
Email: gpap@...
· Filippos Petsalnikos, Minister of Justice, Athens, Greece, fax +30
2107489231
· Mr. Giorgos Floridis, Minister of Public Order, Athens, Greece,
Fax: + 30 210 6917944
· George Kaminis, Ombudsman for Human Rights, Fax 30 210 7289643
President Alfred Moisiu, e-mail: presec@...
· Atrur Metani, legal adviser to the President, e-mail:
legal1_advisor@..., ametani@...
· Ambassador Vladimir Thanati, Ambassador to the United Nations in
Geneva, Permanent Mission to the United Nations in Geneva of the
Republic of Albania, Fax: 0041 22 738 81 56, e-mail:
mission.albania@....

Please also write to the embassies of Greece in your respective
country.

Geneva, October 16th, 2003

Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.

Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : omct@...
http://www.omct.org



Annex to Case GRC 161003

Violation of personal integrity / Extrajudicial execution / Impunity






Background Information



Similar cases of ill treatment, injuries or death of 25 Albanians trying to
cross either legally or illegally the Albanian Greek borders have been
reported in the past, but most of them have either very inadequately or not
been investigated, and the perpetrators have, as a result, never been
punished. On 1/11/2000, Bledar Qoshku (23 years old), was killed after an
exchange of fire, as claimed by Greek Police (ELAS), but the gun he was
supposed to be carrying was never found, while the other six Albanians with
him at the time claimed under oath that they were ill-treated during their
custody in order to testify that the victim was armed. Albanian judicial
authorities started a prosecution, while the Greek Ministry of Public Order
stated that the case was archived from both a legal and a disciplinary
respect.In addition, the Public Prosecutors Office in Florina refused to
submit the evidence requested by the Public Prosecutors Office in Tirana.



In another incident, Kreshnik Shenaj (17 years old), reported to have been
shot at and then beaten when found by border guards on Greek territory on
16/11/2000. No investigation was carried out by the Greek authorities.



Blerina Meçe, was allegedly ill treated by police officers-border guards on
10/2/2001 during her transfer for deportation to the border-point of
Kakavia, along with Luftim Krosi, a co-passenger who attempted to
intervene. The administrative inquiry concluded that the incident that
allegedly took place could not have happened as she had been arrested for
theft and had been deported twice on 17/08/2000 and 11/07/2001 and not on
10/2/2001. It is believed that EL.AS. and the Ministry were probably
referring to another individual with the same name, an argument
strengthened by the fact that the Ministry claimed to have no information
on the case of Luftim Krosi either.



On 4/6/2001, 15-year old Afrim Salla, was shot and consequently paralyzed
from the waist down, after as claimed by ELAS the gun of a Border Guard
went off accidentally when he tripped over while firing warning shots
against unarmed Albanians trying to enter Greece. The Greek authorities
stated that From a criminal and disciplinary respect, the case is archived.



Astrit Lleshi, from Rukaj village, Burrel district, Kastriot Rrapi, from
Arëz village, Mirdita district and Dashamir Troshku, from Fier district,
reported that on 13/6/2001, they were arrested by Greek border guards as
they were attempting to cross into Greece. They were beaten and had their
possessions, including money, taken away. As GHM was informed by ELAS on
16/8/2002, no involvement of any policeman or border guard was established,
although the money was returned to the persons mentioned above.



On 26 July 2001 Greek coastguards opened fire on a speedboat carrying
Albanian passengers trying to enter Greece illegally via the island of
Corfu, injuring four of them, two of whom were women. The four were
admitted to hospital in Corfu. The Corfu port authorities alleged that the
passengers had initiated the shooting, with an AK-47 rifle, on the
coastguard vessel. This account was reportedly disputed by the remaining
passengers on the boat, who, upon their return to Albania, denied that
there were any weapons onboard. Initial criminal charges against the Greek
coastguards were quashed by the naval military court of Piraeus under
ruling 91/2002.



Halim Munga from the village of Markat (Saranda district, Albania) was shot
dead by a border patrol in the early hours of 1/12/2001 near the Greek
border village of Palaba - according to the police in an exchange of fire
initiated by the Albanians with a Kalshnikov weapon - reportedly after they
had stolen and killed a calf which they were attempting to transport back
to Albania on a mule. The judicial preliminary inquiry resulted in
prosecution of his companion Veisi Beqir for animal theft and weapons
possession, whilst those responsible for Halim Mungas death were not
finally prosecuted as they were found to have been acting in self defence.



Another fatal incident took place on 2/11/2002 at the Mesopotamia area of
Kastoria, when AK, son of D, was shot dead by a border patrol. In its press
release, ELAS had concluded, before any investigation took place, that the
border guards were acting in legal self-defence. The judicial preliminary
inquiry resulted in the prosecution and detention of the other three
Albanians that were with AK and the discharging of those responsible for
his death. Following a GHM intervention, a judicial inquiry was initiated,
although the person responsible for AKs death was eventually discharged
from all accusations under a ruling made by the Misdemeanour Council of
Kastoria.



The CPT (European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment), in its CPT/inf (2002)31 report on
Greece, has also mentioned two border cases of alleged ill treatment of
Albanians, by ELAS and by the military. Two detainees at Igoumenitsa Police
Headquarters (north-west Greece) who, according to ELAS, had been arrested
on September 28th 2001, near the Greek-Albanian border zone while trying to
smuggle drugs into the country - complained to the CPT that they had been
brutally beaten by police. One alleged that during interrogation he had
been beaten on the back and legs with a truncheon. A medical examination
confirmed that he had bruises on his shoulders and left leg. The other
detainee complained that he had been beaten on the soles of his feet
[falanga]. The Greek authorities replied that The tenability of the
allegations made to the Committee were not ascertained by the relevant
investigation that was carried out, as the detainees had not made any
allegations of ill-treatment to the police and judicial authorities before
whom they were brought.



Moreover, two Albanians, that had arrested by a military patrol on border
duty, complained to CPT in October 2001 that they had been ill-treated by
army personnel while being detained on military premises; both of them bore
injuries consistent with their allegations. No answer was given from the
part of the Greek authorities concerning this case.



Finally, during conversations held with law enforcement officials in
several of the establishments visited, the CPT delegation reported that it
could not fail to note the disrespectful attitude displayed by some
officers when referring to detainees, particularly those of Albanian
origin.On one occasion, officials even reportedly admitted to the
delegation that in certain cases some force was used during interrogation
in order to extract information, especially if the detainee had been
arrested for drug dealing, but said this was limited to some slapsand that
severe ill-treatment was not permitted.



The only known exception to the rule where an investigation was launched
before the involvement of GHM and related publicity is the case of Ferhat
Ceka, an Albanian pensioner, who was shot and wounded near the border by
Greek soldiers as he was attempting to illegally cross the Greek-Albanian
border on 8/3/2002. The militarys administrative inquiry concluded that the
soldiers action was an irregularityfor which he received a ten-day jail
sentence as a disciplinary sanction, whilst no criminal prosecution was
recommended. However, a prosecutor of the Military Court of Thessaloniki
investigated the case and pointed to many irregularities and even criminal
responsibilities of the officers involved in the handling of the incident
and the ensuing administrative investigation, and asked for a disciplinary
and criminal investigation of their actions. A court martial date was set
for 3 April 2003, but was postponed as the Greek authorities failed to send
the summons to Ferhat Ceka in Albania. Following a GHM intervention,
Ferhat Ceka came to Greece and testified before the military court
prosecutor on 11/6/2003. The prosecutor has, as a result, widened the
investigation to include possible charges of ill-treatment.







Geneva, October 16th, 2003