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Tirana, on 24/11/2003

No. 222/1 Prot.

 

Subject:       On the violation of the article 6 of the European

                    Convention on Human Rights in the Court of

                    Thesaloniki

 

To:               The Ombudsman of the Republic of Greece
                                  Mr. Yorgos Kaminis

                                                                                        A T H E N S

Dear Colleague,

Thanking you for the cooperation we have had in the field of the protection of the rights of the Albanian emigrants in Greece, allow me please to inform you on a heavy violation of the article 6 of the European Convention on Human Rights that has taken place in the Court of Thesaloniki.

Being more concrete on the problem, some Albanian prisoners sentenced in Greece and suffering the conviction in Albania, after being transferred here have complained that during their  trial process  the court procedures weren`t  followed as it should be. A  journalist of the Albanian TV  Top Chanal went to the court of Thesaloniki to investigate  on the persons who make the translations  in Albanian and Greek languages.  She learned that from the year 1991 to the year  2000 the translations for the Albanian prisoners were conducted by Ms. Niki Vavacula, who in fact resulted that she does not know at all the Albanian language. The journalist  collected it as a true evidence after she interviewed    Ms. Vavacula. There are also other evidences of the Greek court itself  which in the year 2001  found that the lady in question did not know Albanian language and for all that  she has never been punished. This is a fact having been proved  even by Mr. Kristo Pepa and Ms. Olga Vasiliu who work as translators at the Court of Thesaloniki.

Under these circumstances, it comes out to be clear that during the years 1991-2000, in the penal courts of Thesaloniki (first and second instances), in all cases that Ms. Vavacula made the translater for the Albanian citizens it has been violated the letter “e”, point 3 of article 6 of the European Convention on Human Rights. All the judical processes that Ms. Vavacula  translated in were conducted  under very irregular conditions because the accused persons were not provided with a translator who knew  both the Albanian and Greek languages, but they were formally provided with a translator who knew Greek language, Slavic and Turkish languages  but not at all Albanian language.

As far as we know, the Prosecution Office in Thesaloniki is on the way  conducting investigations about Ms. Vavacula after the reporting made by the translator Kristo Pepa.

We would like that this case  be investigated  by you as well. Being more specific, we would  wish you to  collect information  from the Criminal Court of Thesaloniki (first and second instaces) on how many cases did Ms.Vavacula make translations on and about which Albanian citizens did she translated for  during the years 1991 to 2000. After bringing these cases in evidence we would wish  you to let us know what should be done  that all these Albanian convicted citizens  be guaranteed  the process to review their cases, in accordance with the Greek criminal law and all international conventions.

 

Believing that all this will be considered of priority  by You, we shall send you other documents and data  on the case after  having them collected.

 

                                                                                                Yours sincerely,  

                                                                                                Ermir DOBJANI

   PEOPLE`S  ADVOCATE

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