Abolition of Metaxas Laws

Dear Minister,

I return to a matter that I have already raised with your predecessor, Mr. Michalis Stathopoulos, in my letter dated November 29, 2000, concerning the abolition of the Metaxas Laws 1363/38, 1369/38, and 1672/39.

I believe that it is necessary to take the initiative to promote the processes for the abolition of the outdated laws regarding proselytism and places of worship, which divide Greek society and conflict both with contemporary views on religious freedom and with the constitutionally guaranteed freedom of religion and the European Convention on Human Rights.

The criminal defamation of individuals and groups based on the exercise of their religious duties, despite often resulting in acquittal and dismissal of charges, ultimately tarnishes Greece’s image in the international arena, especially in European organizations such as the European Court of Human Rights, where those persecuted often seek redress.

Furthermore, as noted in the Report of the National Commission for Human Rights, the law’s reference to the “deficiency,” “inexperience,” and “spiritual weakness” of victims of proselytism belongs to a bygone era and undermines the intellectual capacity of the average Greek citizen. It is worth mentioning that no member state of the European Union has legislation prohibiting proselytism or the free circulation of ideas.

The Metaxas legislation regarding the establishment of temples and places of worship (a.n. 1363/38) allows for significant interventions by administrative and ecclesiastical authorities and violations of religious freedom, as guaranteed by the European Convention on Human Rights, which excludes any assessment by the state regarding the legitimacy of religious beliefs or their forms of expression.

As noted by the Ombudsman in a relevant report, “even in cases where the accused are declared innocent, the criminal process itself constitutes an irreparable defamation and places the exercise of religious worship under the constant threat of judicial involvement and distress, violating the constitutional requirement (Article 13, paragraph 2) regarding ‘unimpeded’ practice. The Ombudsman emphasizes that religious worship, precisely because it enjoys special guarantees, cannot be treated on equal terms with any other activity that is, by law, subject to a licensing regime.

Dear Minister,

The fact that Athens, with 200,000 Muslims, is the only capital of an EU member state that does not have a Muslim mosque, and the prosecution of Ms. Chara Kalomiri on the grounds that she sought to establish a Buddhist temple without the necessary permit (which she categorically denies), has been strongly criticized by the international press.

For all the aforementioned reasons, I believe that making bold decisions for their repeal is a matter of immediate political priority, in order to achieve full harmonization of Greek legislation with the European acquis on the respect of fundamental freedoms and human rights.

I have also delivered a related letter to Archbishop Christodoulos, in order to seek the Church’s consent for the repeal of these laws.

With appreciation,

Anna KARAMANOU