Greece: Amnesty International calls for re-trial of police officer acquitted of alleged rape of a Ukrainian woman
Amnesty International wrote today to the Justice Minister, Philippos Petsalnikos, to express its concerns about the
acquittal of the police officer who allegedly raped Ukrainian citizen Olga B in Amaliada on 26 February 1998.
Olga B had been working in a bar in Amaliada since the beginning of 1998. Together with two other Ukrainian, eight
Russian and three Romanian women (their names are known to Amnesty International), Olga was allegedly forced into
prostitution by the owner of the place. She described her ordeal to a local newspaper: "One evening on 26 February
[1998], the police officer came to the bar. After having consumed alcohol he asked me to come with him. I refused but in
the end, because of threats and pressure by the bar owner, I followed him to the hotel 'Ellinis' in Amaliada. There he
asked me to have sex with him. As I refused, he threw himself upon me, threw me on the bed, took off my clothes, hit me
and raped me. I was crying and shouting and he was insulting me. I was in an appalling state and my genitals hurt. I was
afraid and just afterwards I discovered that I was bleeding."
Olga B's allegations were corroborated by medical evidence which recorded abdominal pain and slight bleeding. She
subsequently lodged a formal complaint against the police officer who had allegedly raped her. She and her family in
Ukraine, as well as another witness in the case (a Ukrainian woman who was working in the same bar), have since received
repeated threats in order to coerce her to withdraw her complaint against the police officer.
Following an inquiry into the allegations of the victim, a trial was opened in Patras Mixed Jury Criminal Court on 23
May 2003 against the bar owner who was sentenced to three years' imprisonment for trafficking in prostitution. Another
three co-defendants were sentenced to two years' imprisonment for procuring or assisting in trafficking women. The
prison sentences were converted to fines of €1600 per annum for each of these defendants, as well as the bar owner. The
police officer was cleared of the charge of rape but sentenced to two years' imprisonment for breach of duty. The
sentence was suspended.
According to information given to Amnesty International by the non-governmental organization Greek Helsinki Monitor, who
is now representing the victim, Olga B learned from reading the local newspapers that the trial had happened without her
being called to testify as a witness. Another prosecution witness was also not called to testify in court during the
trial. Given that the police officer was acquitted of the charge of rape after the court reportedly concluded that Olga
B had consented to sexual intercourse, it is all the more crucial for a re-trial to be held in which all the relevant
evidence would be heard.
After extensive public pressure and following a request by the Ministry of Justice, the Prosecutor of the Supreme Court
filed, on 20 June 2003, a motion to overturn the decision to acquit the police officer on the grounds that the verdict
"lack[ed] specific and detailed explanation".
Amnesty International is concerned that the Prosecutor's decision amounts to a partial re-trial of only one of the
defendants. Given that the trial procedures were overall improperly applied in this case, Amnesty International is
calling on the Greek authorities to ensure that the entire verdict is examined by a higher appeal court (Court de
Cassasation).
Additionally, the organization urges the Greek authorities to initiate an investigation into the circumstances which led
to Olga B not having been called to testify in the first trial; to grant Olga B and the other prosecution witness
adequate protection against any form of intimidation; to ensure that proper trial procedures as stated in international
standards and recommendations be respected, in particular the right of witnesses who are victims of alleged sexual
assault, to be called to testify at the trial and be granted the means to afford proper legal representation; and to
ensure that Olga B be granted fair and adequate compensation, as required by international and Greek law, if her
allegations are proved to be founded.
All AI documents on Greece: http://amnesty-news.c.tclk.net/maabox0aaZ8r8bb0hPub/