Αρχική Τροποποίηση του ν.3213/2003 και Διατάξεων του Ποινικού ΚώδικαΆρθρο 1Σχόλιο του χρήστη Group of States against Corruption | 25 Φεβρουαρίου 2010, 18:48
  • Σχόλιο του χρήστη 'Group of States against Corruption' | 25 Φεβρουαρίου 2010, 18:48

    Η Ελληνική Δημοκρατία πρέπει επιτέλους να συμμορφωθεί με τις Διεθνείς Συνθήκες εναντίον της Διαφθοράς, τις οποίες έχει υπογράψει ως μέλος της Ε.Ε., του Συμβουλίου της Ευρώπης και του Group of States against Corruption (GRECO), οι οποίες προβλέπουν συγκεκριμμένη προστασία για αυτούς οι οποίοι αναφέρουν διαφθορά στον Εργοδότη τους και σε άλλες αρμόδιες Αρχές. Ιδού η έκθεση της μή συμμόρφωσης του Group of States against Corruption (GRECO): http://www.coe.int/t/dghl/monitoring/greco/evaluations/round2/GrecoRC2(2007)14_Greece_EN.pdf Recommendation vi. 33. GRECO recommended to establish appropriate protection for whistleblowers and to take all other measures deemed necessary to facilitate the reporting of corruption. 34. The Greek authorities emphasise that under Greek law, there is a general obligation for civil servants to report a crime to the competent authorities (article 40 of the Code of Criminal Procedure). This obligation has been reiterated in article 12 of Law 3560/2007 on the ratification and implementation of the Criminal Law Convention on Corruption and its additional protocol (the law was published in the official gazette n°103 of 14 May 2007). Moreover, the same article 12 further extends the protection provided for informants in cases of organised crime to all persons reporting and cooperating in the prosecution of a bribery offence. In their most recent comments,the Greek authorities also advise that for historical reasons, there is a strong trade union protection for all employees in Greece, including whistleblowers. Retaliation would be made difficult since decisions for the promotion, transfer and general advancement of a civil servant are taken by the competent service boards, with the active participation of trade union members. 35. GRECO takes note of and welcomes the introduction in Greece of the possibility to apply witness protection measures also in relation to those who report corruption and cooperate in criminal proceedings. GRECO does not disagree with the fact that witness protection measures (which are primarily meant to ensure a physical protection) can also apply to serious corruption cases. This being said, the underlying considerations to recommendation vi, as it is explained in the Evaluation Report, are clearly related to the professional protection of employees and their career (against possible retaliation from their employer, supervisors, colleagues etc.). The Greek authorities did not specify what protective measures exist for informants nor whether any of these can be applied also to preserve a whistleblower’s professional situation and career. The involvement of trade unions in career decisions may well prevent certain retaliation measures against whistleblowers from occurring. Nevertheless, the Greek authorities need to pursue their efforts and introduce also professional protective mechanisms for those who report in good faith suspicions of corruption. As regards the reporting of corruption (whether internally or to the prosecutorial authorities), Greece does not appear to have adopted new measures to facilitate further the functioning of the existing reporting mechanisms in practice (whether under art. 37.2 or 40 of the Code of Criminal Procedure). As was mentioned in the Evaluation Report, employees suspecting a corrupt act would normally turn primarily to their supervisor and corruption offences are seldom reported (mostly anonymously). GRECO urges the Greek authorities to also reconsider this part of the recommendation and to introduce (awareness-raising, encouraging, internal policy) measures to facilitate the reporting. 36. GRECO concludes that recommendation vi has not been implemented.