Abstract
The first three applicant Governments submitted that the Constitutional Act “Eta” of 11th July, 1967, violated Article 7 of the Convention1. Article 1 of the Act stated as follows2:
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“1.
Greek citizens residing abroad, temporarily or permanently, or having more than one citizenship, who act or acted unpatriotically or who perform acts incompatible with the Greek citizenship, or contrary to the interests of Greece, or to serve the interests within the meaning of Articles 1 and 2 of the Emergency Act 509/1947, as this has been modified through Article 2, paragraph 1, of Decree MH/1947, of Parties or Organisations which have been or are in the process of being dissolved, can be deprived of their Greek citizenship by decision of the Minister of the Interior, against which it is not allowed to appeal or to request annulment.
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2.
(Definition of “unpatriotic activity”).
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3.
The violators of the above paragraph 1 are punished by a prison penalty of at least three months and a fine of at least drs. 20,000.
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In case the act was committed abroad by fellow countrymen, the persecution takes place ex officio, independently of the conditions of Article 6 of the Penal Code.
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Modification or suspension of the penalty is not akkowed, and the appeal has no suspending force.”
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References
Memorial of 25th March, 1968, pp. 107–108.
English translation by the Council of Europe on the basis of the translation submitted by the three applicant Governments. The French translation submitted by the respondent Government is reproduced at Appendix II to this Report. [Not reproduced.]
Hearing of June 1969, p. 51.
English translation submitted by the three applicant Governments. The French translation submitted by the respondent Government is reproduced at Appendix II to this Report. [Not reproduced.]
The words “the whole or” were deleted by Article 2 of Constitutional Act “Lambda” of 20th September, 1968 — see Appendix XVIII to this Report (p. 691).
Hearing of June 1969, p. 74.
Observations of 27th May, 1968, p. 21.
Ibid. p. 20. Article 4 of Ordinance No. 4234/1962 provided (ibid. pp. 20–21): “1. Greek citizens temporarily or permanently resident abroad who engage or have engaged there in anti-national activities in order to serve the aims of the parties and organisations which have been or are dissolved in pursuance of Section 1 of Emergency Act 509 of 1947, sanctioned by Resolutions MH and XA of 1948, shall be declared to have forfeited Greek nationality under Section 20, paragraph 2, of Legislative Decree 3370 of 1955. If such persons enter Greek territory notwithstanding the provisions of paragraph 3 of this section, they shall be required to remain at the place where they were identified until such time as the Nationality Council has expressed its opinion on a proposal to deprive them of their nationality. In such a case, the Nationality Council shall give its opinion not later than five days from the notification of the said proposal, and the decree declaring forfeiture of nationality shall be rendered within a further period of five days.
Persons who have forfeited Greek nationality in pursuance of the preceding paragraph and Resolution AZ of 1947 may not return to Greece. If they are arrested in Greek territory, they shall be punishable by imprisonment for a term of at least three months; after serving their sentence, they shall be expelled as aliens. For the remainder, they shall be subject to the provisions of Act 4310 of 1929 ‘on the establishment and movement of aliens in Greece etc....’
Greek nationals who have crossed the State frontiers without complying with Act 3110 of 1929 may not return to Greek territory without a passport and a consular visa, nor may their spouses or children.”
Memorial of 19th August, 1968, pp. 34–37; hearing of September 1968, pp. 261–263.
Memorial of 19th August, 1968, p. 39.
Paragraphs 425–428 were adopted by a majority of fourteen members.
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© 1972 Martinus Nijhoff, The Hague, Netherlands
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Council of Europe Staff. (1972). Article 7 of the Convention and Article 1 of the First Protocol. In: Yearbook of the European Convention on Human Rights. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-1224-4_6
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