Wednesday, October 02, 2013

The Illegal Attack on Golden Dawn Violates Several Articles of the Greek Constitution

Christopher Jon Bjerknes

The following list includes some of the many provisions expressly stated in the Greek Constitution, which the agents of the jews in the Greek Government have violated by illegally prosecuting Golden Dawn Members of Parliament:

Article 4

1. All Greeks are equal before the law.

2. Greek men and women have equal rightsand equal obligations.

3. All persons possessing the qualificationsfor citizenship as specified by law are Greekcitizens. Withdrawal of Greek citizenship shallbe permitted only in case of voluntary acquisitionof another citizenship or of undertakingservice contrary to national interests in a foreigncountry, under the conditions and proceduresmore specifically provided by law.

4. Only Greek citizens shall be eligible forpublic service, except as otherwise provided byspecial laws.

5. Greek citizens contribute without distinctionto public charges in proportion to theirmeans.

6. Every Greek capable of bearing arms isobliged to contribute to the defence of theFatherland as provided by law.7. Titles of nobility or distinction are neitherconferred upon nor recognized in Greekcitizens.

** Interpretative clause:The provision of paragraph 6 does not precludethat the law provides for the mandatoryperformance of other services, within or outsidethe armed forces (alternative service), by thosehaving a substantiated conscientious objection toperforming armed service or, generally, militaryduties.

Article 5

1. All persons shall have the right to developfreely their personality and to participate inthe social, economic and political life of thecountry, insofar as they do not infringe therights of others or violate the Constitution andthe good usages.

2. All persons living within the Greek territoryshall enjoy full protection of their life, honourand liberty irrespective of nationality, raceor language and of religious or political beliefs.Exceptions shall be permitted only in cases providedby international law.

The extradition of aliens prosecuted for theiraction as freedom-fighters shall be prohibited.

3. Personal liberty is inviolable. No one shallbe prosecuted, arrested, imprisoned or otherwiseconfined except when and as the law provides.** 4. Individual administrative measuresrestrictive of the free movement or establishmentin the country, and of the free exit andentrance therein of any Greek are prohibited.Restrictive measures of such content may onlybe imposed as an attendant penalty by a criminalcourt ruling, in exceptional cases of emergency and only in order to prevent the commitmentof criminal acts, as specified by law.

** Two asterisks indicate the provisions or interprerativesclauses revised in 2001.

** 5. All persons have the right to the protectionof their health and of their genetic identity.Matters relating to the protection of everyperson against biomedical interventions shallbe specified by law.

Interpretative clause:

Paragraph 4 does not preclude the prohibitionof exit from the country for persons beingprosecuted on criminal charges by act of the publicprosecutor, or the imposition of measures necessaryfor the protection of public health or thehealth of sick persons, as specified by law.

** Article 5A

1. All persons have the right to information,as specified by law. Restrictions to this rightmay be imposed by law only insofar as they areabsolutely necessary and justified for reasons ofnational security, of combating crime or of protectingrights and interests of third parties.

2. All persons have the right to participatein the Information Society. Facilitation of accessto electronically transmitted information, as wellas of the production, exchange and diffusionthereof, constitutes an obligation of the State,always in observance of the guarantees of articles9, 9A and 19.

Article 6

1. No person shall be arrested or imprisonedwithout a reasoned judicial warrant whichmust be served at the moment of arrest ordetention pending trial, except when caught inthe act of committing a crime.

2. A person who is arrested in the act of committinga crime or on a warrant shall be broughtbefore the competent examining magistrate withintwenty-four hours of his arrest at the latest;should the arrest be made outside the seat of theexamining magistrate, within the shortest timerequired to transfer him thereto. The examiningmagistrate must, within three days from the daythe person was brought before him, either releasethe detainee or issue a warrant of imprisonment.Upon application of the person brought beforehim or in case of force majeure confirmed bydecision of the competent judicial council, thistime-limit shall be extended by two days.

3. Should either of these time-limits elapsebefore action has been taken, any warden orother officer, civil or military servant, responsiblefor the detention of the arrested personmust release him immediately. Violators shallbe punished for illegal detention and shall beliable to restore any damage caused to the suffererand to pay him a monetary compensationfor pain and suffering, as specified by law.

** 4. The maximum duration of detentionpending trial shall be specified by law; suchdetention may not exceed a period of one yearin the case of felonies or six months in the caseof misdemeanours. In entirely exceptional cases,these maximum limits may be extended bysix or three months respectively, by decision ofthe competent judicial council.

It is prohibited to exceed these maximumlimits of detention pending trial, by successivelyapplying this measure to separate acts of thesame case.

Article 7

1. There shall be no crime, nor shall punishmentbe inflicted unless specified by law inforce prior to the perpetration of the act, definingthe constitutive elements of the act. In nocase shall punishment more severe than thatspecified at the time of the perpetration of theact be inflicted.

2. Torture, any bodily maltreatment, impairmentof health or the use of psychological violence,as well as any other offence against humandignity are prohibited and punished as providedby law.

** 3. The general confiscation of property isprohibited. The death penalty shall not beimposed, except in the cases provided by lawfor felonies perpetrated in time of war andrelated thereto.

4. The conditions under which the State, followinga judicial decision, shall indemnify personsunjustly or illegally convicted, detainedpending trial, or otherwise deprived of theirpersonal liberty shall be provided by law.

Article 8

No person shall be deprived of the judgeassigned to him by law against his will.Judicial committees or extraordinary courts,under any name whatsoever, shall not be constituted.

Article 9

1. Every person’s home is a sanctuary. Theprivate and family life of the individual isinviolable. No home search shall be made,except when and as specified by law and alwaysin the presence of representatives of the judicialpower.

2. Violators of the preceding provision shallbe punished for violating the home’s asylumand for abuse of power, and shall be liable forfull damages to the sufferer, as specified by law.

** Article 9A

All persons have the right to be protectedfrom the collection, processing and use, especiallyby electronic means, of their personaldata, as specified by law. The protection of personaldata is ensured by an independent authority,which is constituted and operates as specifiedby law.

Article 11

1. Greeks shall have the right to assemblepeaceably and unarmed.

2. The police may be present only at outdoorpublic assemblies. Outdoor assemblies maybe prohibited by a reasoned police authoritydecision, in general if a serious threat to publicsecurity is imminent, and in a specific area,if a serious disturbance of social and economiclife is threatened, as specified by law.

** Article 12

1. Greeks shall have the right to form nonprofitassociations and unions, in compliancewith the law, which, however, may never subjectthe exercise of this right to prior permission.

2. An association may not be dissolved forviolation of the law or of a substantial provisionof its statutes, except by court judgment.

3. The provisions of the preceding paragraphshall apply, as the case may be, to unions ofpersons not constituting an association.

4. Agricultural and urban cooperatives of alltypes shall be self-governed according to theprovisions of the law and of their statutes; theyshall be under the protection and supervisionof the State which is obliged to provide fortheir development.

5. Establishment by law of compulsory cooperatives serving purposes of common benefit orpublic interest or common exploitation of farmingareas or other wealth producing sourcesshall be permitted, on condition however thatthe equal treatment of all participants shall beassured.

Article 17

1. Property is under the protection of theState; rights deriving there from, however, maynot be exercised contrary to the public interest.

** 2. No one shall be deprived of his propertyexcept for public benefit which must beduly proven, when and as specified by statuteand always following full compensation correspondingto the value of the expropriated propertyat the time of the court hearing on theprovisional determination of compensation. Incases in which a request for the final determinationof compensation is made, the value atthe time of the court hearing of the requestshall be considered.

If the court hearing for the final determinationof compensation takes place after one yearhas elapsed from the court hearing for the provisionaldetermination, then, for the determinationof the compensation the value at the timeof the court hearing for the final determinationshall be taken into account. In the decisiondeclaring an expropriation, specific justificationmust be made of the possibility to cover thecompensation expenditure. Provided that thebeneficiary consents thereto, the compensationmay be also paid in kind, especially in the formof granting ownership over other property orof granting rights over other property.

3. Any change in the value of expropriatedproperty occurring after publication of the actof expropriation and resulting exclusively therefrom shall not be taken into account.

** 4. Compensation is determined by thecompetent courts. Such compensation may alsobe determined provisionally by the court afterhearing or summoning the beneficiary, who maybe obliged, at the discretion of the court, tofurnish a commensurate guarantee in order tocollect the compensation, as provided by thelaw. Notwithstanding article 94, a law may providefor the establishment of a uniform jurisdiction,for all disputes and cases relating toexpropriation, as well as for conducting the relevanttrials as a matter of priority. The mannerin which pending trials are continued, may beregulated by the same law.

Prior to payment of the final or provisionalcompensation, all rights of the owner shallremain intact and occupation of the propertyshall not be allowed.

In order for works of a general importancefor the economy of the country to be carriedout, it is possible that, by special decision ofthe court which is competent for the final orthe provisional determination of the compensation,the execution of works even prior to thedetermination and payment of the compensationis allowed, provided that a reasonable partof the compensation is paid and that full guaranteeis provided in favour of the beneficiaryof the compensation, as provided by law. Thesecond period of the first section applies accordinglyalso to these cases.

Compensation in the amount determined bythe court must in all cases be paid within oneand one half years at the latest from the dateof publication of the decision regarding provisionaldetermination of compensation payable,and in cases of a direct request for the finaldetermination of compensation, from the dateof publication of the court ruling, otherwise theexpropriation shall be revoked ipso jure.The compensation as such is exempt fromany taxes, deductions or fees.

5. The cases in which compulsory compensationshall be paid to the beneficiaries for lostincome from expropriated property until thetime of payment of the compensation shall bespecified by law.

6. In the case of execution of works servingthe public benefit or being of a general importanceto the economy of the country, a law mayallow the expropriation in favour of the Stateof wider zones beyond the areas necessary forthe execution of the works. The said law shallspecify the conditions and terms of such expropriation,as well as the matters pertaining tothe disposal for public or public utility purposesin general, of areas expropriated in excess ofthose required.

7. The digging of underground tunnels atthe appropriate depth without compensation,may be allowed by law for the execution ofworks of evident public utility for the State,public law legal persons, local government agencies,public utility agencies and public enterprises,on condition that the normal exploitation of the property situated above shall not behindered.

Article 19

1. Secrecy of letters and all other forms offree correspondence or communication shall beabsolutely inviolable. The guaranties underwhich the judicial authority shall not be boundby this secrecy for reasons of national securityor for the purpose of investigating especiallyserious crimes, shall be specified by law.

** 2. Matters relating to the constitution,the operation and the functions of the independentauthority ensuring the secrecy of paragraph1 shall be specified by law.

** 3. Use of evidence acquired in violationof the present article and of articles 9 and 9Ais prohibited.

Article 29

1. Greek citizens possessing the right to votemay freely found and join political parties, theorganization and activity of which must servethe free functioning of democratic government.Citizens who have not yet acquired therightto vote may participate in youth sections ofparties.

** 2. Political parties are entitled to receivefinancial support by the State for their electoraland operating expenses, as specified bylaw. A statute shall specify the guarantees oftransparency concerning electoral expenses and,in general, the financial management of politicalparties, of Members of Parliament, parliamentarycandidates and candidates for alldegrees of local government. A statute shallimpose the maximum limit of electoral expenses,may prohibit certain forms of pre-electoralpromotion and shall specify the conditions underwhich violation of the relevant provisions constitutesa ground for the forfeiture of parliamentaryoffice on the initiative of the specialbody of the following section. The audit of theelectoral expenses of political parties and parliamentarycandidates is carried out by a specialbody which is constituted also with the participationof senior magistrates, as specified bylaw. A law may also extend these regulations tocandidates for other offices held through election.

** 3. Manifestations of any nature whatsoeverin favour of or against a political party bymagistrates and by those serving in the armedforces and the security corps, are absolutelyprohibited. In the exercise of their duties, manifestationsof any nature whatsoever in favourof or against a political party by public servants,employees of local government agencies,of other public law legal persons or of publicenterprises or of enterprises of localgovernment agencies or of enterprises whosemanagement is directly or indirectly appointedby the State, by administrative act or by virtueof its capacity as shareholder, are absolutelyprohibited.

Article 51

1. The number of the Members of Parliamentshall be specified by statute; it cannot,however, be below two hundred or over threehundred.

2. The Members of Parliament represent theNation.

3. The Members of Parliament shall be electedthrough direct, universal and secret ballotby the citizens who have the right to vote, asspecified by law. The law cannot abridge theright to vote except in cases where a minimumage has not been attained or in cases of legalincapacity or as a result of irrevocable criminalconviction for certain felonies.

** 4. Parliamentary elections shall be heldsimultaneously throughout the Country. Matterspertaining to the exercise of the right to voteby persons living outside the Country may bespecified by statute, adopted by a majority oftwo thirds of the total number of Members ofParliament. Concerning such persons, the principleof simultaneously holding elections doesnot impede the exercise of their right to voteby postal vote or by other appropriate means,provided that the counting of votes and theannouncement of the results is carried out whenthis is also carried out across the Country.

** 5. The exercise of the right to vote iscompulsory.

Article 52

The free and unfalsified expression of thepopular will as an expression of popular sovereignty,shall be guaranteed by all State officers,who shall be obliged to ensure such under allcircumstances. Criminal sanctions for violationsof this provision shall be specified by law.

Article 59

1. Before undertaking the discharge of theirduties, Members of Parliament shall take thefollowing oath in the Chamber and in a publicsitting.

«I swear in the name of the Holy Consubstantialand Indivisible Trinity to keep faith in myCountry and in the democratic form of government,obedience to the Constitution and thelaws and to discharge conscientiously my duties».

2. Members of Parliament who are of a differentreligion or creed shall take the same oath according to the form of their own religionor creed.

3. Members of Parliament proclaimed electedin the absence of Parliament shall take theoath in the Section in session.

Article 60

1. Members of Parliament enjoy unrestrictedfreedom of opinion and right to vote accordingto their conscience.

2. The resignation from parliamentary officeis a right of the Member of Parliament and iseffectuated as soon as the Member of Parliamentsubmits a written declaration to the Speakerof the Parliament; this declaration is irrevocable.

Article 61

1. A Member of Parliament shall not beprosecuted or in any way interrogated for anopinion expressed or a vote cast by him in thedischarge of his parliamentary duties.

2. A Member of Parliament may be prosecutedonly for libel, according to the law, afterleave has been granted by Parliament. The Courtof Appeals shall be competent to hear the case.Such leave is deemed to be conclusively deniedif Parliament does not decide within forty-fivedays from the date the charges have been submittedto the Speaker. In case of refusal togrant leave or if the time-limit lapses withoutaction, no charge can be brought for the actcommitted by the Member of Parliament.This paragraph shall be applicable as of thenext parliamentary session.

3. A Member of Parliament shall not beliable to testify on information given to him orsupplied by him in the course of the dischargeof his duties, or on the persons who entrustedthe information to him or to whom he suppliedsuch information.

Article 62

During the parliamentary term the Membersof Parliament shall not be prosecuted,arrested, imprisoned or otherwise confinedwithout prior leave granted by Parliament. Likewise,a member of a dissolved Parliament shallnot be prosecuted for political crimes duringthe period between the dissolution of Parliamentand the declaration of the election of themembers of the new Parliament.Leave shall be deemed not granted if Parliamentdoes not decide within three months ofthe date the request for prosecution by the publicprosecutor was transmitted to the Speaker.The three month limit is suspended duringthe Parliament’s recess.

No leave is required when Members of Parliamentare caught in the act of committing afelony.

Article 63

1. For the discharge of their duties, Membersof Parliament shall be entitled to receivecompensation and expenses from the State; theamount of both shall be determined by thePlenum of the Parliament.

2. Members of Parliament shall enjoy exemptionfrom transportation, postal and telephonecharges, the extent of which shall be determinedby decision of the Parliament in plenary session.

3. In case of unjustified absence of a memberfor more than five sittings per month, onethirtiethof his monthly compensation shall bewithheld for each absence.

Article 120

1. This Constitution, voted by the Fifth RevisionaryParliament of the Hellenes, is signed byits Speaker and published by the provisionalPresident of the Republic in the GovernmentGazette by decree countersigned by the Cabinetand shall enter into force on the eleventhof June 1975.

2. Respect towards the Constitution and thelaw concurrent thereto, and devotion to theFatherland and to Democracy constitute a fundamentalduty of all Greeks.

3. Usurpation, in any way whatsoever, ofpopular sovereignty and of powers derivingtherefrom shall be prosecuted upon restorationof the lawful authority; the limitation from whichpunishment for the crime is barred shall beginas of the restoration of lawful authority.

4. Observance of the constitution is entrustedto the patriotism of the Greeks who shallhave the right and the duty to resist by all possible means against anyone who attempts theviolent abolition of the Constitution.