Venizelos: Didn’t Article 15 invoke the crisis, in the pandemic and in Evros, why now?

A new post on Article 15 of the ECHR (European Convention on Human Rights) for which he argues that the government invokes the new measures for migration, the former Minister made on Friday. Evangelos Venizelos after What the Foreign Minister, George Gerapetritis, said from the House of Representatives

“Foreign Minister and Dear colleague in the field of legal science George Gerapetritiswith courtesy, he found that I have fallen into “confusion” because the government “does not activate” Article 15 ECHR, that is, the country does not want the country to be put into derogation by the ECHR. But he himself signed and argued the official government statement that measures were being taken “in breach of the obligations provided for in the contract,” says Mr Venizelos, who is wondering at the closure of his post: “Why did he now cause this debate not only here but with us?”

All Evangelos Venizelos’ post

In response to the reports of Foreign Minister George Gerapetritis in yesterday’s post:
I mentioned yesterday that the Government, in order to justify the amendment it has tabled in the treatment of those inbox “illegally by any floating means of North Africa”, cites Article 15 of the European Convention on Human Rights (ECHR). It claims, according to its own wording, that “the conditions of Article 15 of the European Convention on Human Rights are fulfilled, according to which the Contracting States, in the event of a public risk that threatens the life of the nation, can even take measures even in breach of the obligations provided for in the contract, in the required state of which they are required.”

Foreign Minister and dear colleague in the field of Law Science George Gerapetritis, with courtesy, found that I have fallen into “confusion” because the government “does not activate” Article 15 ECHR, that is, the country does not want the country to be put into derogation. However, he signed and argued the official government statement that measures were taken “in breach of the obligations provided for in the contract”.

Therefore, Article 15 is invoked and the country officially states that it deviates from the ECHR or simply violates it and says it “firmly”. But when measures are taken “in violation of obligations [ του κράτους ] provided in the contract “, these measures are taken and” in violation of obligations [ του κράτους ] provided for in the Constitution. ” The fundamental rights protected during the ECHR are protected in their entirety and by the Constitution as it interprets its regulatory content. The Greek courts are reviewing not only the unconstitutionality of the laws but also their unconventionality with the ECHR and EU law.

In addition, when the Greek Government states that the conditions for the application of Article 15 ECHR are fulfilled, it must be aware that it states that the conditions for the application of Article 48 of the Constitution are met (“a” public danger that threatens the life of the nation “in the case of Article 15 ECHR, a” immediate threat of national security “). Obviously it does not activate Article 48 – Alas! – But he plays with marginal concepts in players.

The paradox is that the government’s prayer of Article 15 ECHR is practically useless as the individual appeals to the ECtHR for mismanagement of immigrants are judged on the basis of Article 3 of the ECHR (ban on inhumane or degrading treatment) from which Article 15 is not allowed!

So I’m trying to compose the full government argument:

“A. We take very hard temporary measures to stop the current from North Africa, so harsh that we deviate from the ECHR because, as provided by Article 15, there is a “public danger that threatens the life of the nation”.

B. However, we do not formally activate Article 15, which does not allow Article 3 ECHR on the basis of which individual appeals are made to Strasbourg. We are just ignoring the ECHR.

C. In addition, we emphasize that the fundamental rights guaranteed by the Constitution, which include, according to case law, all the guarantee of the ECHR under the control of national courts and with the opening of the individual appeal to the European Court of Rights (Human).

D. We did not even refer to Article 48 Const. 48). “

In this sequence I admit that I do not find logical and legal cohesion. I simply find a sophisticated harsh rhetoric that for purely communication reasons depreciates the European Convention on Human Rights and when it realizes that this is how the Constitution is discredited and that all this is virtually impossible to escape judicial control, national and international, he contradicts that he is implemented!

Greece has passed through the decade of the economic crisis without invoking Article 15 ECHR, an existing constant judicial audit by the CoE and other Supreme Courts, the WEU and the ECtHR. He passed through the pandemic without citing Article 15 ECHR, while other countries cited it. He has faced many great pressures from migratory flows in both Evros and the islands since 2010 without relying on Article 15 and the need to derogate or violate the ECtHR and is constantly under the strict control of the ECtHR. Why did he now cause this debate not only here but also with international institutions?