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Lawyers against the Supreme Court because of those detained for involvement in Revolutionary Struggle

26 May 2011 / 20:05:56  GRReporter
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The lawyers of the three persons detained for involvement in the terrorist organization Revolutionary Struggle warned today of possible violation of the rights of the accused guaranteed by the Constitution.

Sarandos Nikitopoulos, Hristoforos Kortesis and Evangelos Statopoulos were captured in April 2010 and released a year later with imposed restrictive measures by the start of the trial against them. A little later, the Supreme Court challenged the decision of the Board of Judges of Appeal, who did not prolong the period of provisional arrest of the three youths. The case was returned for reconsideration by the board of judges, which would have to extend the period of detention for another six months.

According to the defendants, however, the Board of Judges of Appeal is no longer competent to decide on the extension because the 12-month period stipulated by the law has expired.

The lawyer Spyros Fitrakis said that the decision of the judges of appeal was unanimous and fully justified. He noted that the period of temporary custody during the preliminary investigation could not be changed against the accused persons. The defendants believe that since the justification of the decision states clearly that the persons are domiciled, they were not convicted in the past and there is no doubt that they would escape then they should be free until the trial.

According to the lawyers, the problem in this case is "the special nature of the actions of the defendants." "There is a special treatment in the case of the defendants. Article 6 of the Constitution states that the period of provisional detention is 12 months and it could be extended only in exceptional circumstances that are not present in this case," said lawyer Anna Paparousou. She also cited several decisions of the Supreme Court, which show that in most cases it accepts the arguments available in this case and asked rhetorically why they are still insufficient.

Her colleague Maria Deliani said that if the judicial council rules for extension, this would be a case of illegal detention. She said that the presumption of innocence of the accused was impaired by the four deputies who have stated that the defendants are members of the Revolutionary Struggle, but this was not proven yet. "The cases of interference of the executive in the judiciary power are not a few," she said and pointed out that yesterday the European Court of Human Rights sued Greece for violation of the presumption of innocence after the complaint of the former rector of the Pandio University and the decision was based precisely on statements made by the former Prime Minister Costas Karamanlis, the Minister of Justice Sotiris Hatzigakis and the Deputy Minister Petros Doukas.

The lawyer Spyros Fitrakis added that the violations of the law in cases involving organized crime have increased recently. "Shortly before the end of the 18-month temporary custody one of my clients, who is accused of involvement in the organization Conspiracy of Fire Nuclei, wrote and published a text of his on the Internet. They immediately "raised" him to be the leader of the organization and instigator of the actions of the organization in order not to release him."
 
Regarding the revision of the decision to release the three defendants, 40 fellows of theirs occupied symbolically the building of the Bar of Athens and called "Hands off the three comrades H. Kortesis, S. Nikitopoulos and E. Statopoulos." They held a poster and other members of the group stood at the entrance and handed out leaflets to the passersby.

According to the indictment, the three youths, like the other three who were not released, are charged for involvement in a terrorist organization, attempted murder, supply, production and possession of explosives and bombs, attempted explosion, illegal possession and carrying of weapons and causing extensive damage by explosion.

Tags: Crime newsRevolutionary StruggleDetaineesLawyersTemporary custodyPresumption of innocenceSupreme Court
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