Tirana, on 01/10/2003

No. 179 Prot.

Subject:           Concerning the complain of maltreatment cases by

                        Greek police 

To:                  Mr. Georges KAMINIS

        Ombudsman of Greece

         5, Hadjijanni Mexi Str. GR- 115 28  

                                                                ATHENS

Dear Mr. Kaminis,

Asking your understanding and thanking you for that, Albanian Ombudsman Office and myself are very concerned of recent several cases, when Military Greek Police in the vicinity of the Albanian-Greek check points detained and cruelly maltreated Albanian citizens. Except of the case, we forwarded you a complain, dated at 22.09.2003, just four days ago, it was recorded a killing of Vullnet Bytyçi, a 18-years- old boy from Has, north of Albania. This murder case is confirmed by the police station of Kristolopigia, Greece, as being taken place on 23.09.2003, in the area of Kostur. As to this case, we know already from the information gathered from Albanian police station of Devoll and the media made it widely known, that the culprit has been detained and is under prosecution. We commend this move of the Greek authorities, because of our shared vision that impunity is the most compromising feature of the rule of law as such. But still, it was breathtaking the news that the Greek officer, who shot dead the Albanian migrant, was set free as, allegedly not representing “social threat”. Meanwhile, the Albanian forensic expertise concluded that the citizen Bytyçi was shot in the head at close distance.

All our concern, as a national institution of human rights, consists of frequency of similar cases, which represent a sort of behaviour line of the certain elements among the Greek police forces, reflecting discriminating features towards the Albanian migrants, which in turn comes to be totally incompatible with the international standards.

Dear Mr. Kaminis,

In terms of our cooperation and change of information, let me inform you that the perception on Albanian media and NGO-s is that the abovementioned cases derive from xenophobic and racist sentiments towards Albanians, fostered by the certain circles in Greece. This opinion gets spread even by the fact that the victims are almost from all over the Albania, i.e, from Elbasan, Tirana, Pogradec, Devoll, Cerrik etc. Three other maltreated persons, named Leonard Shmilku 29, Dashamir Brakolli 26 and Sokol Hallka 26, are respectively from Pogradec, Devoll and Cerrik cities, and all of them have been detained and maltreated for 48 hours from the same police in Kosturi area.

All we want is to let you know that Albanian Ombudsman Office is very sensitive and shares the conclusion that such condemnable acts and attitudes mentioned above, violate the European Convention of Human Rights, Covenant against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and other international documents, the Greek legislation included. Consequently we would suggest you a Recommendation to be forwarded to Greek police and army, in order for them to get trained in respect of human rights protection. At the same time a suggestion is welcome to be given to the Greek justice authorities, in order for them to be objective in cases of investigation and judicial processes against the Greek police officers, maltreating and killing Albanians. We consider the life and dignity of the Albanians the same as the life and dignity of every other Greek or European citizen.  

Meanwhile, I thank you for assurances given to me via my senior adviser, Mr. Lazebeu, who informed me about the follow up you are to do on the issue.

Assuring you for my gratitude and further cooperation, I remain looking forward to getting information as soon as possible.

Please, accept my best regards,

                                            PEOPLE’S ADVOCATE

                                          Ermir DOBJANI