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Thodoris Chondrogiannos
Unprovoked Police Violence Against Demonstrators (6.12.2024)
27 • 12 • 2024

On 6 December 2024, police forces appeared to use excessive violence against demonstrators during protests marking 16 years since the killing of Alexandros Grigoropoulos. The conduct of the police authorities raises concerns about violations of both the legal framework governing the lawful operation of state authorities for the protection of human rights, and the constitutionally enshrined right to assembly.

“Video footage shows police violently seizing several peaceful demonstrators and leading them onto a police bus. Protesters report that at that point, one of them was punched in the eye, and a female demonstrator was punched in the chest, despite informing the police that she had serious heart problems,” Amnesty International noted in its statement. The organisation also reported that human rights lawyer Ms. Anny Paparousou was subjected to police violence and taken to a police station, even though she had informed the authorities that her presence was in order to provide legal assistance to a group of peaceful demonstrators, as they had been stopped by the police in central Athens and subjected to identity checks before participating in that evening’s protest. Whilst the lawyer was released immediately upon arrival at the police station, the group of demonstrators had to wait several hours for the identity check process to be completed before being released. As a result, they were unable to participate in the protest. “Amnesty International believes that the transfer of the demonstrators to the police station was primarily aimed at preventing the exercise of the right to peaceful protest. Any restriction on the freedom of movement of demonstrators, including identity checks, must be lawful, necessary, and proportionate. In the absence of legal grounds, such restrictions may amount to arbitrary deprivation of liberty.”

Where is the problem with the rule of law?

Under the rule of law, the actions of police authorities must be governed by certain principles, including the principle of legality, the principle of proportionality, the prohibition of abuse of police power, and the respect for and protection of human rights. The powers of police authorities and the conduct they must observe in the exercise of their duties are regulated, among others, by Presidential Decrees 538/1989, 141/1991, and 254/2004.

Although the police may resort to the use of force in order to enforce the law and protect human rights, this does not mean that all use of preventive or repressive force is lawful. On the contrary, the arbitrary use of force and police action that exceeds legal limits constitutes a dangerous phenomenon for a democracy. Moreover, police conduct must safeguard—not obstruct or undermine—the unhindered exercise of the right of assembly, which is enshrined in Article 11 of the Constitution: “Greeks shall have the right to assemble peaceably and unarmed.” (Article 11(1)) “The police may be present only at outdoor public assemblies. Outdoor assemblies may be prohibited by a reasoned police authority decision, in general if a serious threat to public security is imminent, and in a specific area, if a serious disturbance of social and economic life is threatened, as specified by law.” (Article 11(2)) 

In light of the above, it should be noted that in the case under examination, the conduct of the police authorities, including unprovoked use of force, detentions, and assaults against demonstrators—appears, based on the evidence presented in media reports and complaints, to exceed the legal limits of police action.

Thodoris Chondrogiannos
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