GREECE: 2002 ANNUAL TERRORISM REPORT

UNCLAS SECTION 01 OF 03 ATHENS 004072 S/CT FOR REAP E.O. 12958: N/A TAGS: PTER GR SUBJECT: GREECE: 2002 ANNUAL TERRORISM REPORT REF: A. STATE 201772 ¶B. ATHENS 3967 AND PREVIOUS ¶C. ATHENS 3285 THE FOLLOWING IS POST'S SUBMISSION FOR THE 2002 "PATTERNS OF GLOBAL TERRORISM" REPORT. RESPONSES ARE KEYED TO REF (A). A: ¶1. IN SUPPORT OF THE GLOBAL COALITION AGAINST TERRORISM, THE GOG HAS ROTATED THREE FRIGATES (HS SPETSES, HS ADRIAS, AND HS PSARA) THROUGH ARABIAN SEA DUTY. EACH FRIGATE CARRIES APPROXIMATELY 200 CREW MEMBERS, A S-70B6 HELICOPTER, AND A UNIT OF HELLENIC NAVY COMMANDOS. GREECE HAS ALSO BEEN CONTRIBUTING TO THE INTERNATIONAL SECURITY ASSISTANCE FORCE (ISAF) IN AFGHANISTAN. A 134-PERSON CONTINGENT (FROM THE GREEK CORPS OF ENGINEERS AND SUPPORT UNITS) IS IN PLACE IN KABUL. TWO HELLENIC AIR FORCE C-130 AIRCRAFT BASED IN PAKISTAN ARE ALSO IN THE AFGHAN THEATER. FOR MONTHS AFTER SEPTEMBER 11, 2001, TWENTY-ONE GREEK PILOTS AND SUPPORT PERSONNEL WERE AMONG NATO CREWS PILOTING AWACS AIRCRAFT OVER THE U.S. ¶2. THE GOG FULLY SUPPORTS UNSCR 1373 AND THE INTERNATIONAL EFFORT TO COMBAT THE FINANCING OF TERRORISM. IN CONJUNCTION WITH EUROPEAN COMMISSION REGULATIONS, GREECE HAS ORDERED ALL BANKS AND CREDIT INSTITUTIONS TO SEARCH FOR ACCOUNTS OF USAMA BIN LADEN, THE AL-QAIDA TERRORIST NETWORK, AND OFFICIALS OF THE FORMER TALIBAN REGIME. GREECE HAS BLOCKED SUSPECT ACCOUNTS CONSISTENT WITH EU REGULATIONS. ALSO CONSISTENT WITH EU REGULATIONS AND THE EU CLEARINGHOUSE PROCESS, GREECE IS BLOCKING ACCOUNTS BELONGING TO INDIGENOUS EUROPEAN TERRORIST ORGANIZATIONS. THE GOG HAS SEIZED ASSETS BELONGING TO 17 NOVEMBER TERRORIST ORGANIZATION (17N) SUSPECTS. ¶3. CONCERNING GREEK EFFORTS TO ENACT NEW COUNTERTERRORISM LAWS, THE MINISTRY OF JUSTICE ANNOUNCED IN SEPTEMBER THAT THE GOG WILL SUBMIT NEW CT LEGISLATION IN AN EFFORT TO COMPLY WITH THE JUNE 13, 2002 EUROPEAN COUNCIL FRAMEWORK DECISION ON COMBATING TERRORISM. THE LEGISLATION WILL CONTAIN MANDATORY MINIMUM SENTENCES OF FIFTEEN YEARS FOR PERSONS FOUND TO HAVE HELD LEADERSHIP ROLES IN TERRORIST ORGANIZATIONS AND EIGHT YEARS FOR THOSE WHO MATERIALLY ASSIST TERRORISTS. THE STATUTE OF LIMITATIONS WOULD BE EXTENDED TO THIRTY YEARS, A PROVISION LIKELY INCLUDED OWING TO UNHAPPINESS THAT THE PROSECUTION OF A NUMBER OF 17N CRIMES IS TIME-BARRED AFTER 20 YEARS. THE COUNCIL DECISION SPECIFIES THAT GREECE PASS THE LEGISLATION BY DECEMBER 31, 2002. B: ¶4. FOR ALMOST 27 YEARS SINCE THE 17 NOVEMBER TERRORIST ORGANIZATION'S FIRST ACT, THE DECEMBER 23, 1975 MURDER OF AMERICAN EMBASSY OFFICER RICHARD WELCH, GREEK AUTHORITIES HAD BEEN UNABLE TO PENETRATE THIS TERRORIST GROUP. 17N, NAMED AFTER THE DATE IN 1973 WHEN THE GREEK JUNTA CRUSHED A STUDENT UPRISING, FOLLOWED WELCH'S MURDER WITH TWENTY-TWO OTHERS, COUNTING FOUR OTHER U.S. EMBASSY EMPLOYEES AMONG ITS VICTIMS. THE ORGANIZATION WAS ALSO RESPONSIBLE FOR A MULTITUDE OF OTHER CRIMES INCLUDING ATTEMPTED MURDER, ARMED ROBBERY, ROCKET ATTACKS, AND PROPERTY THEFT AND DESTRUCTION. THE GROUP'S AURA OF INVINCIBILITY GREW WITH THE GOG'S INABILITY TO MAKE ARRESTS, AND IT CAME TO BE REGARDED AS ONE OF WESTERN EUROPE'S DEADLIEST TERRORIST ORGANIZATIONS. ¶5. THINGS CHANGED DRAMATICALLY IN 2002 (REF B). ON JUNE 29, A 17N MEMBER NAMED SAVVAS XYROS WAS SERIOUSLY INJURED WHEN A BOMB HE WAS CARRYING EXPLODED PREMATURELY IN THE PORT OF PIRAEUS. INFORMATION HE PROVIDED WHILE IN CUSTODY AND SOLID GREEK POLICE WORK QUICKLY LED TO THE ARRESTS OF OTHER SUSPECTS AND THE DISCOVERY OF TWO SAFEHOUSES CONTAINING LARGE AMOUNTS OF PHYSICAL EVIDENCE. EIGHTEEN SUSPECTED 17N TERRORISTS ARE CURRENTLY BEHIND BARS, AND THE 17N TRIAL IS EXPECTED TO BEGIN IN EARLY MARCH. ALL INDICATIONS ARE THAT THE GOG IS DOING ITS UTMOST TO ENSURE A FAIR AND SUCCESSFUL PROSECUTION, BUT THE SIZE AND SCOPE OF THE TRIAL (AT LEAST 18 DEFENDANTS AND HUNDREDS OF CHARGES WILL BE TRIED IN ONE PROCEEDING) POSE DAUNTING CHALLENGES. TO PROTECT THE INTERESTS OF EMBASSY VICTIMS OF 17N AND THEIR FAMILIES, THE USG HAS HIRED A GREEK ATTORNEY TO REPRESENT THEM. ¶6. (NOTE: UNDER GREEK LAW, VICTIMS OF CRIME AND/OR THEIR FAMILY MEMBERS ARE ALLOWED TO BE REPRESENTED BY LEGAL COUNSEL DURING A PROSECUTION. ADVANTAGES OF SUCH LEGAL REPRESENTATION FOR THE VICTIM ARE THAT THE ATTORNEY CAN PARTICIPATE IN THE LEGAL PROCESS, AND HAS FULL ACCESS TO THE EVIDENCE AND CASE MATERIAL; THAT THE ATTORNEY CAN PROVIDE COUNSEL TO VICTIMS CALLED TO TESTIFY; AND THAT AN ATTORNEY IS NECESSARY TO INITIATE ADDITIONAL INVESTIGATION AND/OR CRIMINAL CHARGES AND/OR CLAIMS FOR COMPENSATION AGAINST THE DEFENDANTS ON BEHALF OF THE VICTIMS. END NOTE.) ¶7. THE USG HAS EXPRESSED ITS FULL SUPPORT OF THE GOG'S HANDLING OF THE 17N CASE, WITH PRESIDENT BUSH WRITING PM SIMITIS TO CONGRATULATE HIM. ADDITIONALLY, MINISTER OF PUBLIC ORDER CHRYSOCHOIDES, THE GREEK OFFICIAL MOST RESPONSIBLE FOR THE GOG'S RECENT SUCCESS, RECEIVED ENCOURAGEMENT FROM CIA DIRECTOR TENET, DEPUTY SECRETARY OF STATE ARMITAGE, AND DIRECTOR OF HOMELAND SECURITY GOV. RIDGE DURING AN OCTOBER TRIP TO WASHINGTON, D.C. ¶8. WHILE THE BREAKTHROUGH ON 17N HAS DOMINATED GOG COUNTER-TERRORISM DEVELOPMENTS IN 2002, GREEK POLICE SAY THEY HAVE BEGUN TO TARGET MORE AGGRESSIVELY OTHER DOMESTIC TERRORIST ORGANIZATIONS, INCLUDING THE NOW-DORMANT "ELA" (REVOLUTIONARY PEOPLE'S STRUGGLE),CONSIDERED THE GRANDFATHER OF GREEK DOMESTIC TERROR GROUPS; "REVOLUTIONARY NUCLEI;" "ANTI-STATE STRUGGLE;" AND "1 MAY." ¶9. FOLLOWING A SERIES OF LEGAL SETBACKS IN 2001 FOR GOG ATTEMPTS TO JAIL ANTI-STATE STRUGGLE TERRORIST AND LONGTIME CRIMINAL FUGITIVE AVRAAM LESPEROGLOU (WHOSE ATTEMPTED MURDER CONVICTION OF 2001 WAS OVERTURNED ON APPEAL, WHILE CHARGES REGARDING HIS ASSOCIATION WITH ANTI-STATE STRUGGLE WERE DROPPED WHEN PROSECUTION WITNESSES FAILED TO APPEAR OR RECANTED TESTIMONY),THE GOG TRIED AGAIN IN 2002 (REF C). THE GREEK SUPREME COURT VACATED THE OVERTURNING OF LESPEROGLOU'S ATTEMPTED MURDER CONVICTION, AND HE FOUND HIMSELF BACK IN COURT ON THAT COUNT IN SEPTEMBER. AFTER A SHORT TRIAL, DURING WHICH LESPEROGLOU RAILED AGAINST THE U.S. (HE OPENED WITH THE FOLLOWING STATEMENT: "I AM HERE, ALTHOUGH ACQUITTED, FOLLOWING PRESSURE BY THE AMERICANS AND THEIR LOCAL VASSALS WHO WANT MY CONVICTION..."),HE WAS AGAIN ACQUITTED. ¶10. A SIGNIFICANT DIFFERENCE BETWEEN THE LESPEROGLOU TRIAL AND THE UPCOMING 17N TRIAL IS THAT LESPEROGLOU WAS TRIED UNDER THE CONVENTIONAL GREEK FELONY TRIAL SYSTEM THAT USES THREE PROFESSIONAL JUDGES AND FOUR LAY ASSESSORS (JURORS) TO ARRIVE AT A SIMPLE-MAJORITY VERDICT. THAT SYSTEM HAS RESULTED IN CONSISTENT 4-3 ACQUITTALS OF TERRORIST-RELATED SUSPECTS (POSSIBLY ATTRIBUTABLE TO WITNESS INTIMIDATION),AND WAS A MAJOR IMPETUS BEHIND THE CREATION OF THE COUNTER-TERRORISM LAW PASSED IN 2001. THE 2001 LAW, WHICH WILL BE APPLIED IN THE 17N CASE, ELIMINATES THE FOUR LAY JURORS FROM THE PROCESS, AND 17N VERDICTS WILL THEREFORE BE DECIDED UPON BY THREE JUDGES ONLY, MAKING THEM MORE LIKELY TO BE BASED SOLELY ON THE MERITS OF THE CASE. C: ¶11. THE GOG DID NOT EXTRADITE OR REQUEST THE EXTRADITION OF ANY SUSPECTED TERRORISTS DURING 2002, NOR DID THE USG SUBMIT ANY SUCH REQUEST. D: ¶12. UNDER ARTICLE 438 OF THE GREEK CODE OF CRIMINAL PROCEEDINGS, EXTRADITION IS PROHIBITED IF A) THE REQUESTED INDIVIDUAL WAS A GREEK NATIONAL WHEN THE OFFENSE WAS COMMITTED; B) THE OFFENSE FOR WHICH THE EXTRADITION HAS BEEN REQUESTED IS CONSIDERED BY GREEK LAW TO BE A POLITICAL OFFENSE, OR IF IT APPEARS FROM THE CIRCUMSTANCES THAT THE EXTRADITION IS BEING REQUESTED FOR POLITICAL REASONS; OR C) IF IT IS POSSIBLE THAT THE PERSON REQUESTED WILL BE PROSECUTED BY THE REQUESTING STATE FOR AN OFFENSE OTHER THAN THE ONE FOR WHICH THE REQUEST HAS BEEN SUBMITTED. AT THE SAME TIME, ARTICLE 8 OF THE U.S.-GREECE EXTRADITION TREATY STATES: "UNDER THE STIPULATIONS OF THIS TREATY, NEITHER OF THE HIGH CONTRACTING PARTIES SHALL BE BOUND TO DELIVER UP ITS OWN CITIZENS, EXCEPT IN SUCH CASES WHERE SUCH CITIZENSHIP HAS BEEN OBTAINED AFTER THE PERPETRATION OF THE CRIME FOR WHICH EXTRADITION IS SOUGHT. THE STATE APPEALED TO SHALL DECIDE WHETHER THE PERSON CLAIMED IS ITS OWN CITIZEN." E: ¶13. FROM PRIME MINISTER SIMITIS DOWN, THE GOG HAS SHOWN A STRONG PUBLIC DETERMINATION TO ERADICATE DOMESTIC TERRORISM. THE DECISION BY SOME 17N ARRESTEES TO CHARACTERIZE THEIR CRIMES AS POLITICALLY MOTIVATED HAS CATALYZED A MORE VIGOROUS PUBLIC ANTI-TERRORISM STANCE BY THE GOG. A NOTABLE EXAMPLE OF THE NEWFOUND VIGOR WITH WHICH THE GOG HAS CONDEMNED TERRORISM IS THAT THE PRIME MINISTER USED THE OCCASION OF THE ANNUAL STATE OF THE ECONOMY SPEECH, ALWAYS ONE OF THE MOST IMPORTANT OF THE YEAR, TO ACCUSE DOMESTIC TERRORIST GROUPS (AND 17N IN PARTICULAR) OF "HIJACKING" THE LEFT'S IDEOLOGY AND DISTORTING SOCIALISM. F: ¶14. ON THE OLYMPICS, GREECE CONTINUES TO SEEK ASSISTANCE AND COUNSEL FROM THE OLYMPIC SECURITY ADVISORY GROUP (OSAG). IN THAT CONTEXT, EXPERTS FROM THE U.S., UNITED KINGDOM, FRANCE, GERMANY, ISRAEL, AUSTRALIA, AND SPAIN ARE CONTINUOUSLY ADVISING AND TRAINING GREEK SECURITY PERSONNEL. THE PRINCIPAL SOURCE OF U.S. TRAINING HAS BEEN THE DEPARTMENT'S DIPLOMATIC SECURITY SERVICE'S ANTI-TERRORISM ASSISTANCE PROGRAM. ¶15. GREECE (POPULATION APPROXIMATELY 11 MILLION) IS THE SECOND SMALLEST COUNTRY EVER TO HOST A MODERN SUMMER OLYMPICS (FINLAND IN 1952 WAS THE SMALLEST). BEFORE SEPTEMBER 11, 2001, THE GOG HAD ANNOUNCED THAT IT WAS GOING TO SPEND USD 600 MILLION ON OLYMPIC SECURITY. THE LATEST FIGURE HAS RISEN TO USD ONE BILLION. THROUGH THE OLYMPIC GAMES SECURITY DIRECTORATE (OGSD),THE INTER-MINISTERIAL COMMITTEE HEADED BY THE HELLENIC NATIONAL POLICE, OLYMPIC SECURITY PLANNING AND OPERATIONAL READINESS TESTING IS GOING ON DAILY. SUCH EFFORTS INVOLVE POLICE, MILITARY, COAST GUARD, AND VOLUNTEERS. IN ALL, GREECE IS EXPECTING TO UTILIZE WELL OVER 40,000 PEOPLE TO PERFORM OLYMPIC SECURITY DUTIES. G: ¶16. THE REVOLUTIONARY PEOPLES LIBERATION FRONT (DHKPC),A STATE DEPARTMENT DESIGNATED FOREIGN TERRORIST ORGANIZATION, ANNOUNCED DURING A 1995 PRESS CONFERENCE AT THE ATHENS BAR ASSOCIATION THAT IT WAS SETTING UP AN ATHENS OFFICE. AT LEAST TWO ATHENS ADDRESSES HAVE SINCE BEEN PUBLICLY IDENTIFIED AS DHKPC OFFICES, AND THE DHKPC WEBSITE CLAIMS "OUR PRESENCE IN GREECE IS QUITE OPEN AND DEMOCRATIC FOR EVERYONE TO SEE." H: ¶17. THE GOG DID NOT MAKE ANY PUBLIC STATEMENTS IN SUPPORT OF A TERRORIST-SUPPORTING COUNTRY ON A TERRORISM ISSUE. I: ¶18. THE RECENT SUCCESS IN CRACKING 17N HAS HAD A VERY POSITIVE EFFECT ON BOTH THE GOG'S AND THE GREEK PUBLIC'S ATTITUDE TOWARD TERRORISM, AS WHAT WAS ONCE A POLITICAL LIABILITY IS NOW SEEN AS A PLUS. THE SITUATION SURROUNDING THE PASSAGE (ON JUNE 12, 2001) OF MILESTONE COUNTERTERRORISM LEGISLATION PROVIDES AN ILLUSTRATION OF HOW THE SUBJECT WAS VIEWED BY THE GOG. THAT BILL WENT THROUGH IN THE DEAD OF NIGHT, ON ITS THIRD AND FINAL READING, AND WITH ONLY 15 OF 300 MPS (AND ONLY FIVE PASOK MPS) PRESENT. NOW, FLUSH WITH A VICTORY OVER 17N, WE ARE SEEING EVIDENCE THAT THE GOG IS GETTING OUT IN FRONT ON TERRORISM, WITH MINISTER OF JUSTICE PETSALNIKOS ANNOUNCING NEW ANTI-TERRORISM LEGISLATION ON THE ANNIVERSARY OF 9/11 (SEE ABOVE, SECTION (A)). J: ¶19. THE GOG'S EFFORTS TO ELIMINATE FINANCIAL SUPPORT TO TERRORIST ORGANIZATIONS IS DISCUSSED IN SECTION (A), PARAGRAPH (2). OTHER U.S. COUNTERTERRORISM EFFORTS AND INITIATIVES WITH THE GOG IN 2002 INCLUDE THE FBI'S PROVISION, AT THE GOG'S REQUEST AND TO AUGMENT GOG EFFORTS, OF FORENSIC EXPERTISE IN FINGERPRINT AND DNA ANALYSIS, DIGITAL MEDIA (COMPUTER) EXPLOITATION, AND EVIDENCE RECOVERY. K: ¶20. THE GOG HAS BEEN COOPERATIVE IN ASSISTING USG INVESTIGATIONS INTO ACTS OF TRANSNATIONAL TERRORISM (E.G. WTC DISASTER AND EMBASSY BOMBINGS IN NAIROBI AND DAR ES SALAAM). AFTER 9/11 THE GOG ASSISTED THE U.S. IN OBTAINING RECORDS (FLIGHT MANIFESTS, HOTEL INFORMATION) PERTAINING TO TWO OF THE SEPTEMBER 11 HIJACKERS WHO HAD TRANSITED GREECE. L: ¶21. THE USG DID NOT SEEK GREEK COOPERATION IN 2002 FOR THE PREVENTION OF A SPECIFIC ACT OF TERRORISM AGAINST U.S. CITIZENS OR INTERESTS. POLICE COOPERATION WAS ALWAYS EXCELLENT WHEN THE EMBASSY WAS THE TARGET OF GENERAL THREATS OR DEMONSTRATIONS. MILLER