http://publish.indymedia.org/en/2005/10/825353.shtml

OPEN LETTER: 12th October 2005

HE President Papoulias,

Odos Stissichorou 17

Athens

Greece 10674

Re: torture and military impunity in Greece 2001-2005, ref: Amnesty report on Greece 2005

Dear Mr President,

I am astonished that your office has failed to answer any of the letters written on my behalf by my partner, Tim Wilson. (22 10 2005, 28 06 2005, 16 03 2005, 21 04 2005) They address my experience of being tortured and raped by men wearing the uniform of Greece in 2001. This matter has been clearly covered by the English-language weekly, "the Athens News", by "Kathimerini" and by the British magazine, "Gay Times". The issues relating to this case, of torture in Europe, have been raised in the British parliament, and questions specific to the case have been tabled in the House of Commons.

I have today asked my lawyers in the UK to respond to allegations made by Court prosecutor Michael Tsagarakis who apparently insisted that the case against the five Coastguard accused and convicted of abusing me failed because I did not give evidence in Court.

In fact, I was not informed of the case at all, and the Greek Embassy in London, which had earlier assured my partner, that it would appraise him of any developments and was kept informed by the competent (sic) authorities in Athens, absolutely denied that any trial was taking place right up to the date of the trial itself.

On the two occasions when I attempted to give evidence in Crete, I found my evidence grossly mistranslated and I was bullied into answering questions in a language I did not fully understand and no response has ever been received by us after a letter demanding an explanation from Michaelis Apostolides was sent by the Greek Helsinki Monitor on 26th June 2002. In addition, my partner and I were so threatened by thugs who attacked us on the street and visisted our house with guns in their pockets that we were advised to leave Greece. We were in no doubt that our lives were in danger. We had appealed for protection to the then Prime Minister and to Mr George Papandreou, the Foreign Minister and received no response at all.

At a time when the new penal code in Turkey condemns all forms of torture, and criminalises male rape, I do not understand, frankly why the Greek Government, already a member of the EU and often critical of Turkey's human rights' record, fails to take the issue of my torture and rape seriously at all. The matter has been before the Courts and clearly awaits political comment, yet the politicians have remained silent. Not least of all is the need for the Greek government to fully implement article 137a and to address the issue of male rape and the machismo of the Greek policeforce, Coastguard and militia. I was appalled to learn from Michael Tsagarakis, for instance, that the issues of rape and torture were never seriously considered in Court.

Maybe, as President, you can find out which evidence was placed before the court to suggest that the assault that took place in the toilet was attempted rape only, and refer to my statement to the Press, (and reported again in the Athens News 27/02/2004) made the day before I also gave a statement to the GHM in which I state: "They took me to the toilet," he says. "One coastguard took out his truncheon and beat me on my shoulders and hands. Pulling at my trousers, he tried to rape me with the truncheon. I resisted. I fell down and he kicked me to make me stand up. He continued. I was in great pain." Please also refer to my statement of 5th July 2002:

“Then, he pushed the club down on the back of my neck, indicating by that that I should bend and then with force pushed it up my rectum. The pain was excruciating and I cried out….I collapsed in pain and then he gave me another kick and left.” I hope it is clear from these statements that I never alleged anything other than actual penetration, and serious pain, sexual assault, brutality and sadism. Beside my assailant, Dandoulakis, and his henchman, there was only one witness who was not present in the Courtroom to modify this evidence in any way, and whose own testimony, also given in July 2002 absolutely supports my account. I was interested to read that former head of the Coastguard Diamandis Vassilakoudis also confirms this story though the Haniotika (16th October 2004) elsewhere bizarrely reports “In the court it was said that penetration did not occur.”

Although the convictions in October 2004 were for lesser offences than those I suffered, and the 164 other foreigners also suffered at the hands of men wearing the Greek Uniform, nevertheless, the charges were serious and the conviction clear. Please explain, therefore, your silence after repeated requests for an official apology. I understand you are chief of the Greek Militia and are therefore the appropriate man to assume responsibility for their actions. As further torture occurred last Christmas, and as this too has not yet come to proper trial, it might soon appear that there is an effective policy of torture. This is certainly the impression the recent Amnesty report suggests. Only your personal intervention will help to reassure the Greek people and the wider world that this is not in fact the case. Please let me know whether appropriate compensation has already been arranged, when a public declaration of non-recurrence will take place and when I can expect a letter expressing sympathy from the Greek militia and Government.

Yours sincerely,

NECATI ZONTUL