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Cases of concern

Andrea Gilbert

  • Location / Greece
  • Reason for persecution / Equality and discrimination
  • Current Status / On Trial
  • Last Updated / 01 March 2022
  • Country of Origin / Greece

Andrea Gilbert

Andrea Gilbert, a humanist human rights defender who specialises in LGBTI+ rights and countering anti-Semitism, is currently appealing a one-year sentence, suspended for three years, for allegedly filing a false accusation. The conviction relates to a complaint filed by Gilbert, together with Panayote Dimitras, on behalf of the Greek Helsinki Monitor, which alleged that a high-ranking Bishop had abused his ecclesiastical office and incited hatred in a statement they deemed to be filled with anti-Semitic rhetoric published on the website of the Diocese of Piraeus. She remains free while awaiting the outcome of their appeal.


History of the Case

2022

February
On 15 February, Andrea Gilbert together with her Greek Helsinki Monitor colleague, Panayote Dimitras, was convicted of filing a false complaint against Metropolitan Bishop of Piraeus Seraphim by the Three-Judge Misdemeanors Court of Athens. They were sentenced to one year in prison, suspended for three years. Dimitras and Gilbert have filed an appeal.

2021

November
On 8 November 2021, the prosecutor filed a case against the Monitor for violation of Article 229(1) and 229(3) of the Greek Penal Code. According to the law:

1. A person who knowingly falsely accuses another person or reports to the authorities that the other person has committed a crime or a disciplinary offence shall be sentenced to at least two years’ imprisonment and a fine.

3. The court at the request of the victim may allow him to publish the decision at the expense of the convicted. This right ceases to exist if the publication is not made within six months from the registration of the final decision in the special book.

2019

December
On 3 December, a public prosecutor archived the Greek Helsinki Monitor’s complaint reportedly reasoning that the statement published by the Bishop merely constituted a proclamation of the doctrine of the Greek Orthodox Church, and was not anti-Semitic or racist. The Bishop responded by filing a complaint against Dimitras and Gilbert.

2017

April
On 29 April 2017, Gilbert and Dimitras filed a complaint filed with the Department for Combating Racist Violence (Attica Division) on behalf of the Greek Helsinki Monitor against a Bishop, alleging that he had abused his ecclesiastical office (contrary to Article 196 of the Penal Code) and incited violence or hatred (contrary to Article 1 Law 927/1979) in a statement published on the website of the Diocese of Piraeus the day previously. In their complaint, the Greek Helsinki Monitor argued that the Bishop had referenced well-known anti-Semitic conspiracy theories around “global Jewish domination.” The statement was also condemned by the Central Board of Jewish Communities in Greece as an “anti-Semitic delirium.”

The Metropolitan Bishop of Piraeus Seraphim is known to have espoused anti-Semitic, as well as homophobic, views before; in 2010, he reportedly told a local TV station that Jews had orchestrated the Holocaust and were to blame for Greece’s debilitating debt crisis; in 2015, he attributed new legislation giving same-sex couples expanded civil rights to the “international Zionist monster” controlling the leftist government then in power, and warned that passing such legislation would bring the wrath of God upon them.


Background information

Andrea Helen Gilbert was born in Brooklyn, New York and is a permanent legal resident of Greece since February 1989. Upon arrival she joined the Greek Section of Amnesty International.

Andrea Gilbert

Gilbert is a founder of Athens Pride (2005) and is the organization’s legal representative. She is active in EPOA (European Pride Organizers Association) and InterPride (International Association of Pride Organizers), where she served as Vice President (2008-2010) and in 2019 co-organized that organization’s AGM and World Conference in Athens.

Since 2000, she is the specialist on Jewish issues and anti-Semitism, and leading LGBTQI+ activist for Greek Helsinki Monitor (GHM). In 2008 and 2010, as civil claimant with GHM, she won two landmark unanimous first instance decisions against anti-Semitic hate speech. Then, in 2011, as civil claimant with GHM, she won two landmark unanimous first instance decisions against homophobic hate speech and libel. Ten years later, she won civil lawsuits for the same texts. In addition, between 2010 and 2019, she won five cases before the ECtHR on religious oath and excessive length of legal proceedings. Representing GHM, she has reported on antisemitism at high-level OSCE conferences and participated in EU Commission meetings. She helped draft the OSCE/ODIHR “Guidelines on the Protections of Human Rights Defenders” (2014).

Representing Athens Pride, she regularly attends international meetings to present on Greek LGBTQI+ issues. In that capacity Andrea currently serves on the Greek National Commission for Human Rights (GNCHR).

In addition to her Human Rights activism, Andrea is a freelance art critic and exhibitions curator. She also works as a Greek to English translator and editor.

A complete briefing on the case compiled by the Greek Helsinki Monitor relating to the case and international human rights law is available here.


Country Background

Greece is a unitary parliamentary republic on the edge of the Balkan Peninsula, often regarded as the birthplace of democracy in Europe and a catalyst to western civilisation. The country has seen steady economic, social and legal changes in recent years with leftist government attempts towards secularization of the country. However, Greek Orthodox privilege still exists and is still prevalent across the country and religion is still firmly woven into the fabric of major institutions. Financial crisis and the rise of far-right politics have been significant factors in the past several years.

Constitution and government

The Constitution, other laws and policies protect freedom of thought, conscience and religion. Article 3 of the constitution states that ‘the prevailing religion in Greece is that of the Eastern Orthodox Church of Christ’, recent governments have proposed for this Article to be amended to one emphasizing ‘religious neutrality’.

Freedom of speech and press are protected under Article 14, ‘every person may express and propagate his thoughts orally, in writing and through the press in compliance with the laws of the State’. However the “blasphemy” law was abolished only in 2019. Suggestions of reintroducing the provision were scrapped following public outcry.

Orthodox Privilege

The government financially supports the Orthodox Church; for example, the government pays for the salaries and religious training of clergy, finances the maintenance of Orthodox Church buildings, and exempts from tax Orthodox Church’s revenues from properties it owns.

Whilst state sponsorship of the Greek Orthodox religion is still entrenched, recent leftist governments have taken steps toward disestablishment of the Orthodox church.
The former government of Prime Minister Alexis Tsipras proposed changes to significantly reduce the role of the Orthodox Church in the public sector. The government announced to ‘free up’ 10,000 civil service roles occupied by the clerics of the church, however they would continue to pay the salary of clerics with a subsidy of €200 million annually. The government also proposed to introduce the concept of ‘religious neutrality’ to the Constitution in an attempt to remove privilege from religions. These changes and proposals were highly criticized by religious conservatives who criticized the government for their lack of faith.

Family, Community and Society

Religion was and still is often assumed in Greek society with polls supporting the prevalence of the Eastern Orthodox religion. A 2005 poll revealed that 96.6% of the census were Orthodox Christian and only 2% identified as atheist. However, a more recent poll (2015) showed that this had changed significantly to 81.4% Orthodox Christians and 14.7% non-religious.

Despite a rise in non-religion, the Orthodox faith is still embedded in many activities and traditions of local communities, all the way up to the President of the Republic who, although an atheist, had to take a religious oath prescribed by the Constitution on the assumption of office in 2020. However, since 2019, the choice between making a religious oath or a civil affirmation in criminal proceedings has been abolished; all citizens now make a civil affirmation.

However, religion is still registered in civil registries of births, marriages, civil partnerships, and deaths. The registration of religion in birth certificates is the object of an application communicated to Greece by the EctHR in 2020 (Papanikolaou v. Greece).

Freedom of expression, advocacy of humanist values

Greece is a free country with an open and vigorous parliamentary democracy, according to Freedom House, however “[o]ngoing concerns include corruption, discrimination against immigrants and minorities, and poor conditions for undocumented migrants and refugees.”

The rise of the far-right in recent years is cause for concern and has resulted in harassment and acts of violence or hatred.

In October 2019, humanists protested the harassment through parliamentary procedures of Panayote Dimitras, a human rights activist associated with Greek Helsinki Monitor and Humanist Union of Greece, by the president of a far-right nationalist party.

Blasphemy law abolished in 2019

After a number of high-profile blasphemy cases and international criticism, the “blasphemy” law was abolished in 2019. The ‘blasphemy’ law had been actively used to persecute individuals and groups for portraying, mocking or insulting the Orthodox religion in the form of art or on social media outlets.


Humanists International’s Concerns & Calls

Humanists International condemns the fact that they face abusive criminal charges for speaking out against the promotion of racism and hate speech by a religious leader and defending human rights and non-discrimination.

Humanists International calls on the Greek government to quash the conviction against Gilbert and Dimitras immediately and unconditionally.


Humanists International’s work to support Andrea Gilbert

Humanists International has been monitoring the case of  Gilbert and Dimitras, and has published statements in their support.

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