The issue of **wiretapping** with the illegal **Predator** spyware and the decision by **Supreme Court** prosecutor Konstantinos Tzavellas not to retrieve it from the archives for the crime of espionage and other acts, was at the center of a press conference by the Athens Bar Association (DSA), with Athens lawyers leaving open the possibility of even appealing to the European Court, as announced by the association’s president, Andreas Koutsolambros. At the same time, the **DSA** has decided to offer whatever legal assistance is needed to the victims of the wiretapping. Indeed, the DSA with a decision by its administrative council from last week has already requested Mr. Tzavellas’ resignation, speaking of institutional deviation.
The press conference began with remarks by DSA General Secretary Kostas Karetsou. “The purpose of today’s event is the multifaceted briefing of lawyers and mainly public opinion on this foul-smelling scandal that undermines our Parliamentary Democracy, the Rule of Law and Institutions. Recently developments are rapid and the moments critical. This is not a figure of speech, it is reality,” Mr. Karetsou said at the beginning of his remarks. He then emphasized that “the historic decision of the Athens Single-Member Misdemeanor Court opened the way for the real investigation of the case.”
As the DSA general secretary explained, “the court with the new evidence it revealed judged that illegal surveillance software was used against state officials and ordered the transmission of the case file to the investigation, requesting investigation of the crime of espionage for the convicted and their accomplices.
For his part, the Supreme Court prosecutor decided not to retrieve the case from the archives, judging that the crime of espionage is not substantiated, without any substantial investigation having preceded, without examination of witnesses and without control of crucial evidence. At the same time, he should have recused himself from the case given that during the disputed period of surveillance he held the position of deputy supervisor of the National Intelligence Service and was a party to the investigative committee. With these as given facts, the DSA board judged that the Supreme Court prosecutor’s act constitutes institutional deviation and requested his resignation.”
## “The Supreme Court prosecutor’s act finds us categorically opposed,” says DSA president
**Andreas Koutsolambros**, DSA president, for his part, noted that all three proposals submitted to the administrative council highlighted their opposition to archiving the case, despite the contrary jurisdictional judgment of the Athens Single-Member Misdemeanor Court. Mr. Koutsolambros also pointed out that the Supreme Court prosecutor’s act “finds us categorically opposed as it clashes with criminal doctrine, the Rule of Law and the established case law of the European Court of Human Rights.”
**Christina Tsangli**, vice president of the Athens Bar Association, spoke of a “major violation of the rule of law.” “He should have chosen abstention due to what in our opinion is a self-evident reason for recusal that was concealed,” Ms. Tsangli added.
Constitutional Law professor **Nikos Alivizatos** briefed on pending cases at the European Court. The first, as he said, concerns the composition of independent authorities. “The case is pending and, as the exchange of memoranda has been completed, a decision is expected within the current year,” Mr. Alivizatos explained and added “I want to believe we will do well.”
The second concerns the wiretapping case for which Nikos Androulakis has appealed, as Mr. Alivizatos added. “We appealed to Strasbourg, the case has been characterized as major priority, we have exchanged memoranda and the Greek government is fighting the battle of its life,” Mr. Alivizatos said, adding that we expect possibly within the year, decisions. “There is no other European country where the selection of justice leadership is absolutely the responsibility of the cabinet,” Mr. Alivizatos added.
Mr. Alivizatos even added that in his opinion it must be investigated whether Mr. Tzavellas’ act is controllable by European criteria, invoking European Court case law.
**Former Justice Minister Antonis Roupakiotis emphasized:** “We must develop activity in view of the constitutional revision so that political parties are pressured that the Constitution must be revised regarding those who appoint justice leadership.” “The judicial body has no tradition of struggles to support its independence,” Mr. Roupakiotis added.
DSA advisor Thanasis Kampagiannis also made remarks within the press conference framework. “The administrative council’s decision constitutes an act of responsibility by the legal body,” Mr. Kampagiannis emphasized. “We spoke of institutional deviation because the Supreme Court prosecutor violated his legal duty,” he added. “The Supreme Court prosecutor’s judgment that there are no state secrets in the communications of Floros and Dendias is judged by citizens and society,” Mr. Kampagiannis also said.
Regarding the statute of limitations issue, DSA advisor Theodoros Mantas emphasized that “time is running today, individual acts have already expired and the large volume expires in the next 2-3 months. We are extremely marginal. There is no time for further waiting.”
