The rotten egg or the mollification strategies of the Greek Government

by Nikos Pulos, counsellor for COs and conscripts at the Greek-German Youth Centre "Filia", Berlin, Member of the Greek COs organisation

This year (1997) on the 5th of June the Greek parliament has passed a law which brings the longed for introduction of an alternative service from the 01.01.1998 into this EC country, with 130 against 81 votes. The fears of conservative politicians that this law would create shirkers was countered by the deputy defence minister: Neither the 1977 introduced possibility of a service without arms nor the possibility of an alternative service on Cyprus had ever been taken up. This statement is symptomatic for a morbid understanding of how to treat human rights and points to the introduction of an alternative service which virtually can not be realised.

The law 2510/97 is supposed to solve the problem of desertion and conscientious objection. Whilst the district recruiting offices are now allowed to recruit already from the age of 18 on, the rules on deferention for students are limited and the scandalous maximum age for conscription of 50 years is maintained. There will be another partial amnesty basically for the deserters living abroad, in order to reduce the stressing number of more than 30,000 so-called "Anypótakti" at least temporarily. Older conscripts are granted the possibility to serve only a certain part of their military service and, according to their age and marital status, buy off the remaining time with sums between 2,000 and 12,000 Deutschmark.

This regulation being introduced at the same time as the ratification of the Schengen treaty, which among other things will abolish in the near future border controls between Greece and other EC countries, is not coincidental. The formerly well functioning measures of repression against conscription exiles like the refusal to leave the country or the confiscation of passports will not work anymore. Also the introduction of alternative service is not due to a sudden change in thinking about the right to conscientious objection. The ongoing sentencing and imprisonment of COs proves the contrary. Since the passing of the law on the 5th of June already 79 Jehovah’s Witnesses have been sentenced to 4 years imprisonment each by military courts. Even the official language names the only purpose of the legal regulation of conscientious objection as the removal of disadvantages in foreign politics. Not the acknowledgement of conscientious objection as a human right in itself was decisive for the bill which had already been proposed in the early 90ies, but pressure from the European partners.

In the following paragraphs the most important points of the notorious law (article 18 to 24, "service without arms or alternative, civil social service") will be mentioned.

Who is acknowledged as a CO?

The alternative service has to be performed by all conscripts who refuse armed service because of religious, ethical or ideological reasons. The reasons for the objection have to generate from a general view of life which is based on conscious religious, ethical or ideological convictions which have to be practised permanently. Not acknowledged as COs are:

– persons who have already reported for armed duty either in Greek or foreign military forces or any security forces (like customs, police etc.), non regarding its length.

– persons in possession of a hunting permit or having applied for one or being active in hunting associations. This means that all hunters, about 300,000 Greek men in the age for conscription, are excluded.

– Persons who have been prosecuted or sentenced for the possession of arms or ammunition, or illegal use of violence. So even if the prosecution was based on wrong assumptions, the person is excluded from the acknowledgement as a CO.

How to be acknowledged as a CO

Acknowledgement comes only through a decision of the defence minister based on a statement of a commission which is made after reviewing the application or after a personal hearing. The commission consists of two university lecturers, one judge for administrational affairs and two officers of high rank.

The length of the alternative service

Those who are acknowledges by the commission have to perform an alternative service 18 months longer than the military service.

Area and place of alternative service

The service without arms is performed in the non-profit sector of federal civil institutions outside the administrative districts of Attika (Athens) and Thessaloniki, far from the COs’ place of birth or residence, in most cases in the border areas. To perform it in non-government organisations, in other European or developing countries is not possible.

Other restrictive conditions

An acknowledged CO who does not report for service on time, becomes an "Anipótaktos" ( objector to conscription) and is prosecuted under the military law. But first and foremost he looses his acknowledgement as a CO.

The CO looses his right to conscientious objection and has to serve the remaining time of duty in arms if he gets a disciplinary sentence because of absence from duty, or when he gets on strike.

Let’s summarise: The acknowledgement procedure as well as the implementing conditions are within the responsibility of the minister of defence. The CO has no opportunity whatsoever to perform a non-federal organised social peace service. Length and place of alternative service have the character of punishment. A commission on the conscience is supposed to frighten off potential COs. The possibility of revocation of the right to conscientious objection does not respect the principles of conscience and is an insult to the CO. And finally this law excludes all conscripts who, due to the lack of a legal way to conscientious objection up to now and in order to avoid prosecution, have already reported for military service.

It has become evident that this so-called alternative is only a foul compromise compared with the military service. In his details and in his principles it contradicts resolutions that have been signed by the Greek government, like the European Parliament’s resolution from January 18 1994, article 4 (principle of non-punishing character) and article 9 (principle of equal length), as well as the resolution of the United Nations’ Human Rights Commission from March 3, 1995, article 5 (alternative service must not be discriminating against COs ), article 5 (it has to be compatible with the CO’s convictions of conscience) and article 6 (it must not have the character of punishment).

As there are no ministerial decrees concerning the acknowledgement and implementation procedures yet, it is difficult to estimate when Greece will have the first persons performing an alternative service. Also the attitude of present and future COs is unpredictable. The Association of COs is meeting today in Athens to plan their future strategies. Most of their members have been persecuted for years, the measures ranging from debarment from practising a profession or trade to sheer physical violence. They view the law on an alternative service partly with relief and partly as confirmation of their labours of many years. On the other hand most of them are not willing to accept this military surrogate. The Information Office for Conscription Fugitives and Conscientious Objectors already has rejected the law and called for total objection. The denomination of Jehovah’s Witnesses has left it to their members to opt either for alternative service or not but are more likely to support those conscientious objectors who still prefer imprisonment.

With the resolution from January 18 1994 the European Parliament has criticised the differences in the practices of military and alternative service in the particular states as "obstacle in the process of European integration" and demanded the "harmonisation" of the member states’ legislations. Unfortunately the accents set by the Commission point in another direction. So have for instance conscientious objectors explicitly been excluded form the currant program "European Volunteers".

Ladies and gentlemen, dear friends, don’t let yourselves be mollified. Do not be contented with the pro forma introduction of an alternative service in Greece. More arrests will follow. Do not expect the Greek COs to accept an unacceptable law. Encourage us to continue our struggle and support us by showing solidarity.

Thank you.