Update: Nikos' trial has been postponed for two weeks. It will now take place on Friday March 8th.
Nikolaos Karanikas is a Greek conscientious
objector. Nikos was first arrested for his conscientious objection 18
years ago, in 1995. Today - Friday 22 February 2013 - he once again
faces prosecution in front of the military court of Thessaloniki.
Nikos was first arrested for draft evasion in 1995, when there was
no rights to conscientious objection in Greece, and no provision for
substitute service. In October 1995 he was sentenced to four years
imprisonment by a military court for "insubordination in a period of
general mobilization". Amnesty International declared him
a prisoner of conscience.
After an appeal to a military court in December 1995, his sentence was
reduced to one years imprisonment, suspended for 3 years.
On his release from military prison Nikos was received a second
military call up. This time he was charged with desertion when he
refused.
In the year 2000, a military court absolved Nikolaos Karanikas from
this charge. In the same year, he applied for conscientious objector
status (now possible in Greece), and applied to undertake substitute
service in lieu of military service. The army rejected his application,
claiming that he had already served in the army whilst he was imprisoned
in a military jail, and could therefore not apply for substitute
service.1 Karanikas has therefore never been permitted to undertake
substitute service, even though he has declared himself willing to do
so.
Nikos was arrested again this week (on Wednesday 20th February).
Nikos is now 42 years old. He was arrested without an arrest warrant,
accused of evading the draft. He has already served a sentenced for this
'crime', and been absolved of the charge of desertion.
The right to conscientious objection to military service is
protected under the right to freedom of thought, conscience and
religion, enshrined in Article 18 of the International Covenant on Civil
and Political Rights. This right has been reaffirmed recently through
the Grand Chamber of the European Court of Human Rights, who in the case
of Bayatyan vs Armenia ruled that conscientious objection to military
service is protected under Article 9 of the European Convention on Human
Rights and Fundamental Freedoms – the right to freedom of thought,
conscience and religion.
As well as being contrary to international standards, there are
fears that this new persecution is politically motivated, since Nikos is
a well known left-wing activist.
Greece is one of the few countries in Europe to maintain
conscription. Article 4 paragraph 6 of the Greek constitution reads:
“Every Greek capable of bearing arms is obliged to contribute to the
defence of the Fatherland as provided by law”. The right to
conscientious objection was first recognised in 1997 with Law 2510/1997,
and came into affect in 1998. However, Greece's provision for
conscientious objectors does not meet international standards2.
WRI is keeping up to date with progress through the Association of
Greek Conscientious Objectors, and will share updates on our website and
on social media. Amnesty International, the Association of Greek
Conscientious Objectors and the European Bureau for Conscientious
Objection will also be sending observers to witness today's trial.
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Amnesty International in Greece have issued a press release on the trial.
The European Bureau for Conscientious Objection have issued a press
release condemning the Nikos' trial and strongly condemn the Greek
practice of criminalising conscientious objectors more generally. You
can read it here.
Notes
1. Until 2010, conscientious objectors in Greece could not apply
for substitute service if they have ever served in the army – even just
for one day.↩
2. War Resisters' International: Conscientious objection to
military service in Greece: Human Rights shortfalls, February 2005,
http://wri-irg.org/news/2005/greece05a-en.htm↩
Source:
wri-irg.org
