Inviolable communications privacy is a constitutionally guaranteed individual right, Bar presidents say

The coordinating committee of the Plenary of presidents of the Bar Associations of Greeceon the occasion of the well-known wiretapping of the president of PASOK-KINAL, Nikos Androulakis, etc., in today’s announcement states, among other things, that the inviolability of the privacy of communications is a constitutionally protected individual right.

In particular, the announcement of the coordinating committee is as follows:

“1. The inviolability of the privacy of communications is a constitutionally guaranteed individual right, which may be waived, exceptionally, under particularly strict conditions and only under the guarantees of the law and for reasons, exclusively, of national security or for the detection of particularly serious crimes , in accordance with the provisions of article 19 par. 1 S.

In fact, this protection should be particularly increased in the cases of political persons and especially those with institutional status, because, in these cases, the protection does not only concern the protected individual right but is directly linked to the democratic functioning of the state.

The need for increased protection is also inferred from the provisions of article 61 par. 3 C on parliamentary secrecy, article 8 of the ECHR and articles 7 and 8 of the Charter of Fundamental Rights of the European Union and for the lifting of secrecy it cannot be sufficient to prosecutor’s judgment.

2. In view of the above, the prosecutor of the Supreme Court must first of all investigate whether or not the lifting of the protection of the telephone confidentiality of an active MEP and later president of the third party of the Greek parliament was legal and in particular whether the competent prosecutor investigated the fulfillment of the essential conditions for the lifting of the confidentiality or simply surrounded with the authority of the judicial authority the assessments and actions of the EYP, as well as whether or not it proceeded in an abusive and arbitrary application of the relevant provisions, resulting in the violation or not of the regulatory framework of the rule of privacy.

The choice of the prosecutor of the Supreme Court to carry out a preliminary examination, and indeed by him for the leakage of confidential information from the EYP, does not negate the dominant need to investigate the substantive legality of the decision of the competent prosecutor to lift the confidentiality and seek disciplinary or criminal responsibilities of persons who do not fall under the provisions of article 86 S.

3. The major issue that arose poses the need for an immediate review of the current institutional framework in terms of removing the confidentiality of communications by strengthening transparency, accountability and legal guarantees, as well as ensuring the relevant judgment by regular judges.

4. In matters of democracy and the rule of law, there is no room for discounts and offsets, but there is an obligation to strictly observe the Constitution and the European legal order.

Any responsibilities must be attributed personally and effectively.”

RES-EMP

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