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A Greek man felt the wrath of his country’s outdated blasphemy laws after satirising a Greek Orthodox monk on a Facebook page he created. The administrator of the social networking page, Filippos Loizos, 28, was handed a 10 month prison sentence after he used a play on words to compare the late Father Paisios to a traditional pasta-based dish. His arrest in 2012 saw online communities erupt as thousands of Greeks took to social networks to protest his detention.
According to the Atheist Union of Greece, the popularity of Loizos’ Facebook page following his satirical remark angered right wing and religious groups in the country. Golden Dawn, the now banned Greek neo-fascist party, took advantage of the uproar by raising a question in parliament about Loizos and his violations of two Greek laws covering blasphemy and insulting religion. Ultimately Loizos was arrested.
Loizos’ case is not the first of its kind. The Union has now called upon the Commissioner for Human Rights for the Council of Europe, Nils Muižnieks, to repeal Articles 198 and 199 of the Greek Penal Code.
Article 198 punishes any public and malicious blasphemy against God with a maximum of two years imprisonment, three months’ for the public “manifest of a lack of respect for the divinity”. Article 199 covers a broader religious spectrum and offers two years’ jail time for “one who publically and maliciously and by any means blasphemes the Greek Orthodox Church or any other religion tolerable in Greece”.
In a letter sent to Commissioner Muižnieks the Union remarked: “The insult of religion, on the other hand does not harm any citizen, as does the case of insulting people. Only the followers of religions deserve respect and may be offended—not the religion itself—and criticism and/or satire of a religious belief is not identical to insulting persons having this belief.”
They claimed that any disturbance caused by Loizos’ page has been done so by the uncontrolled reactions of angry, religious fanatics who are merely using the Penal Code articles as an excuse to be disruptive. According to the European Court of Human Rights, case Handyside vs the United Kingdom, 1976 (and in many instances since) freedom of expression is a fundamental right in a free society and includes the right to criticize ideas, even when the criticism bothers holders of those ideas.
Loizos has appealed the ruling.
This article was posted on 22 January 2014 at indexoncensorship.org
Index on Censorship wants Europe’s leaders to place the issue of surveillance on the agenda for the European Council Summit. Our petition calling for this, backed by 39 organisations and thousands of individuals, was this week sent to Lithuanian President Dalia Grybauskaitė, who currently hold the Presidency of the Council of the EU, and Herman van Rompuy, President of the European Council.
Since the petition targets all 28 EU leaders, we wanted each of them to have their own copy. But as revelations continue to emerge about the scale to which electronic mass surveillance has been taking place, we didn’t think email would be the safest way to distribute it. Instead, we decided to send our intern Alice to deliver the petitions to embassies around London – the old fashioned way.
Marek Marczynski, Index’s Director of Campaigns and Policy, explains how mass surveillance infringes on your right to freedom of expression, and why we must oppose it.
Index on Censorship calls on the Parliamentary Assembly of the Council of Europe to investigate mass surveillance and protect whistleblowers
To: Members of the Parliamentary Assembly of the Council of Europe
Re: Motion for a resolution – Doc. 13288: Massive eavesdropping in Europe
We, the undersigned representatives of international and national human rights and freedom of expression organizations – ARTICLE 19, Reporters Without Borders, Privacy International, EDRI, Vrijschrift, Open Rights Group, INDEX, English PEN and Access Now – strongly urge the Parliamentary Assembly of the Council of Europe (PACE) to support the Resolution: Massive Eavesdropping in Europe, tabled on 31 July 2013 by 23 members of the PACE.
The resolution calls on member states to regulate and effectively oversee the secret services and special procedures and to pass legislative provisions at the national level to protect whistleblowers. The resolution also calls upon the Secretary General to launch an inquiry under Article 52 of the European Convention on Human Rights.
Our organizations support this timely resolution and remain concerned about recent revelations of surveillance of internet and telephone communications by the governments of the USA and the Council of Europe’s members, including France, Germany, Turkey and the United Kingdom. These revelations suggest a blatant and systematic disregard for human rights as articulated in Articles 8 and 10 of the European Convention on Human Rights and other international and European treaties.
The blanket application of surveillance mechanisms to global digital communications drastically threatens the protection of human rights in the digital age. We remind the PACE members that in his June 2013 report, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, highlighted the negative impact of surveillance on civil liberties, including the right to inform and be informed, freedom of expression and respect for privacy. We believe that the proposal, formulated in the PACE Resolution, could offer an invaluable assessment of the strength of legal safeguards for right to freedom of expression and privacy in the Council of Europe member states and offer a unique insight into the legal framework of surveillance.
Further, we also support the emphasis of the proposed Resolution on the need to protect whistleblowers. Whistleblowers play a critical role in promoting transparency and upholding the human rights and interests of all members of society. PACE must strengthen this protection of whistleblowers and support efforts to combat violations of fundamental human rights
We therefore call on all PACE members support the motion for the Resolution. In particular, at this stage, we call on the Presidential Committee to start an investigation into the matter and appoint a rapporteur for it.
Signed:
Dr Agnès Callamard, ARTICLE 19
Antoine Héry, Reporters Without Borders
Dr Gus Hosein, Privacy International
Jim Killock, Open Rights Group
Marek Marczynski, INDEX
Jo McNamee, EDRI
Walter van Holst, Vrijschrift
Jo Glanville, English PEN
Brett Solomon, Access Now
This week the Parliamentary Assembly of the Council of Europe (PACE) did not pass a resolution pressurising Azerbaijan to release or retry its political prisoners. Rebecca Vincent looks at how the body’s lack of pressure further endangers free expression in the country
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