1998 European Court of Human Rights

European Court of Human Rights Unanimously Finds Greece Guilty of Violating Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms

January 19, 1990 - a group 21 individuals from the prefecture of Florina, in northern Greece, submit an application to register an organisation called the Home of Macedonian Culture.

March 19, 1990 - the Court of First Instance, in Florina, refuses the organisation's application for registration on the basis of clause 2 of its memorandum of association. This clause stated that the organization wished to preserve the territorial integrity and the national independence of Greece as well as promote human rights in Greece.

The court stated that it was not within the jurisdiction of any organization to defend the territorial integrity or human rights of Greece. The court claimed that because this was included in clause 2 of the memorandum of association it was "proof" that this organization had "ulterior motives." The court stated that human rights involved all of the people of Greece whose voice was already represented by the parliament and was implemented by the government on the basis of articles in the Greek constitution.

What the court neglected to mention, however, was that the items present in clause 2 of the memorandum of association were basically a carbon copy of those found in the clauses of hundreds of other organizations who were already registered and approved by the same court.

The members of the newly formed Home of Macedonian Culture were very upset with the court's denial of their application and subsequent remarks. They were deeply hurt by what they perceived as discrimination against them by the Court of First Instance. This had the effect of galvanizing others to support the organization and its objectives.

June 12, 1990 - a new application for registration was submitted to the Court of First Instance, in Florina. This time the contentious statements from clause 2 of the memorandum of association were removed.

August 9, 1990 - the Court of First Instance, in Florina, again refuses the organisation's application for registration.

According to newspaper reports in, Ellinikos Vorras, Stohos, and others, it was revealed to the court that some of the founding members of the organization had participated in a OSCE conference on human rights in Copenhagen. At that conference, on June 9, 1990, they acknowledged that they had a Macedonian national conscience and made statements about a Macedonian national minority in Greece, which they considered to be oppressed.

Because sixteen members of the organization had helped finance the OSCE trip, they were considered by the court as conspirators along with those who actually went to Copenhagen to discuss the human rights problems in Greece.

Finally, one of the members of the organization, Mr. Constantinos Gotsis, refused to falsify his ethnic heritage before the court and declare that he was of Greek descent. The court considered this position as "anti-Greek" despite the fact that Mr. Gotsis was of Macedonian descent and not Greek.

The court determined, based on the above "evidence" that the organisation had ulterior motives, those being the promotion of the idea of the existence of a Macedonian national minority in Greece. For these "reasons" the application was again denied.

September 7, 1990 - the members appeal their case to the Appellate Court of Salonica.

May 8, 1991 - the Appellate Court of Salonica upholds the judgement of the Court of First Instance. The court claims that the motives of this organisation are against the "national interests" and "territorial integrity" of Greece. On this remarkable basis the application was rejected.

May 16, 1994 - the Greek Supreme Court denies the registration and upholds the arguments of the previous courts.

In effect the registration was rejected because the members of the organization held that they had a Macedonian national conscience, and because they openly spoke of the Macedonian minority in Greece. It must be noted that Greece vehemently denies the existence of this minority to the point that it is contrary to Greek law to even discuss it.

In this instance the Greek courts used their authority to ensure that ethnic Macedonians living in Greece could not legally associate freely or openly express their Macedonian identity. This case was a travesty of justice.

May 29, 1997 - Seven members of the Macedonian House of Culture take the case to the European Commission of Human Rights. They are: Mr. Christos Sidiropoulos, Mr. Petros Dimtsis, Mr. Stavros Anastassiadis, Mr. Constantinos Gotsis (deceased), Mr. Anastassios Boules, Mr. Dimitrios Seltsas and Mr. Stavros Sovislis.

The Commission accepts written submissions from both parties - the members of the organization and the Greek government. The relevant issues are presented including proposals for a solution or compromise. Unfortunately, the position of Greece was typically that which it has taken against the Macedonian minority. The Commission determines that the case has merit and refers it to the European Court of Human Rights.

March 24th, 1998 - the European Court of Human Rights, in Strasbourg, France, hears the case of the Home of Macedonian Culture [or Civilization] v Greece. In the presence of 11 judges four members of the organization participate in a hearing. The lawyers representing the association are, Ms I. Kourtovik, and Mr. L. Baltziotis. The Commission was represented by Mr. L. Loucaides and Mr. S. Stravros.

It is important to mention that this is the first time members of Greece's ethnic Macedonian minority legally defend themselves against the discriminatory policies of the Greek government.

July 10, 1998 - the European Court of Human Rights unanimously finds Greece in violation of Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Article 11 relates to the right to freedom of association of its citizens.

This finally brings to an end a drawn out court case that started 8 years ago in Florina and ultimately ended at the highest human rights court on the continent.