Crime Victims – Greece

However, women who work as sex workers without the appropriate residence permits and/or without the appropriate work permits (“certificate of profession”, Law No. 2734/1999 amended as revised) are committing an offence themselves. In these cases, the woman is – as far as the police is concerned – both the victim of a crime and an accused. For further information, see sections Sex Work, Leaving Greece and

She should therefore always seek advice before going to the police. In some cities advisory centres exist which offer confidential advice. Advisory Centres will not forward the name, address or other information regarding the woman to the police or aliens authorities. Their advice is always confidential.

However, in criminal proceedings against perpetrators of trafficking or violence, the woman is entitled to legal representation and to an interpreter. These services are provided freely by the state (although the newly adopted anti-trafficking law does not specify the practical details).

In Greece, doctors and medical personnel are no longer obliged to report to the authorities all cases of illegally resident foreigners. However, they are obliged to report incidents of crimes such as assault and battery or physical harm. These incidents are prosecuted automatically by the public prosecutor’s office. Rape, on the other hand, is prosecuted only after an indictment filed by the victim.

Medical fees for services provided by state hospitals must be paid for by the woman, due to an administrative guideline issued by the Ministry of the Interior.

In some cities there are special departments trained to interrogate women who have become victims of violence. In addition, the woman may always say that she would rather speak with a female officer, but it is in the police officer’s discretion to decide.

• when a woman is actively encouraged – through false promises regarding work possibilities and earnings – to come to Greece, regardless of whether a job in another field was promised or whether she was willing to work in prostitution
• when a sex worker’s identity papers or earnings are taken away from her
• when a woman is forced into prostitution or into giving sexual services
• when a sex worker is blackmailed, threatened, humiliated, beaten, raped or imprisoned.In the above instances it is irrelevant whether the woman previously worked as a sex worker or whether she was willing to work as a sex worker because/while she was misinformed about work conditions and earnings. In Greece, the so-called anti-trafficking legislation contains only general definitions, without any further specifications. Several legislative texts on criminal and administrative law contain regulations that could explain and specify the above-mentioned definition, but only in an auxiliary manner.

Women who are victims of trafficking in human beings have special rights and are entitled to special support services.

First of all, they are entitled to a residence permit until the start of legal proceedings, in order to decide whether she wants to act as a witness. How long this will take depends on the decision of the authorities.

For details on the special conditions for and rights of victims of trafficking in women, see below.

In any case, witnesses can refuse to testify on incidents that may incriminate them.

The woman may be granted a residence toleration to enable her to think about whether to give evidence as a witness against her perpetrator(s) in court proceedings. It is granted for as long as the authorities think it is needed. During this time administrative deportations are also postponed.

If the woman decides to give evidence, she is granted a temporary residence permit at least until the case is finally concluded (including possible reviews of the sentence).

If she decides against giving evidence and does not have a right to residence for other reasons, she must leave the country. It is at the discretion of the authorities to decide when these women must leave the country. Administrative deportations can also be enacted on these women (incidents of this kind of treatment have been reported).

During the consideration period and at least until she gives evidence as a witness, the woman may obtain advice from a non-state advisory centre. In Greece, such advisory centres do exist, but they are not regulated by law. For that reason they are not considered officially responsible for the woman’s support. Further legislation is expected to determine the organisations responsible and the way they are supposed to work with victims of trafficking.

At the end of the proceedings the court issues a verdict on whether the perpetrator(s) is/are guilty or not.

The statement is given either in the course of one day or over several days. Occasionally the woman may also be asked to attend again later in the proceedings because new questions concerning her have arisen.

The woman will be questioned by the judges, the public prosecutor, the perpetrator’s lawyer and under certain circumstances also by her own lawyer.

The witness must answer questions truthfully and must omit nothing; otherwise she risks committing an offence herself. However, she may remain silent on anything which might incriminate herself.

When giving evidence the woman may be accompanied by a lawyer only if appearing jointly as injured party/civil party.

The woman is entitled to the services of an interpreter into her own language. If she feels unable to trust the interpreter, she can refuse her/him. The court then decides whether to provide another interpreter.

In the court the woman can be protected by the police during the whole proceedings. In cases in which the woman is in serious danger, she may also receive protection on her way to the court or on her way home. The public prosecutor decides on the necessity for police protection.

The witness has no right to give evidence anonymously. She has to state her name and address when giving evidence. A new legislation on organised crime gives the witness the right to withhold personal identification data. The judges are obliged to protect the witness` identity. Nevertheless, the witness is obliged to reveal her identity if the defence attorney(s) ask(s) for such information.

The woman is not entitled to change her identity.

The public is excluded from court sessions if personal or intimate questions are to be put to the witness (in cases where minors are concerned, cases concerning sexual crimes, etc.).

It is up to the judge to decide whether evidence is to be given by video. This can be done in cases of organised crime. No such use of video testimony has yet occurred in Greek courts.

The witness also does not have the right to replace giving oral evidence in the hearing by a written statement which is read by the court or by her own lawyer during the proceedings. The general rule is to testify in an open court hearing in front of the judges. If testimonies by the same witness or by other victims contradict each other, the judges evaluate them accordingly.

The accused will stay in court while the witness is giving evidence. She does not have the right to have him excluded from the proceedings.

Questions that may morally or materially harm the victim or her relatives are not forbidden. The same applies to leading questions. The witness is not obliged to answer them, however. The court is free to interpret a refusal to answer questions as it sees fit.

A waiver of giving evidence in the court is not allowed in Greece. The witness is obliged to testify in court.

Victims of crime cannot claim any compensation from the state.

Illegally resident foreigners that have been victims of trafficking can be granted a temporary toleration of their residence in Greece. They can also be provided with practical aid (shelter, cultural mediators, interpreters, psychological and medical care etc)

If a woman is officially expelled and deported, the state pays for the homeward journey.

No public means are available to help the woman meet the costs of her homeward journey, the procuring of documents or the costs of setting up in her own country in cases where she has not been deported.

Advisory centres in Greece help clients organise their homeward travel and supply contact information for support in their home country.