occurred repeatedly over the last forty years and continue to take place. It argues that
even if the Committee considers that these acts took place before Greek ratification of
the Protocol or even Greek ratification of the Charter, to the extent that they continue to
have consequences up to the present day they constitute continuing violations. In
support, it refers to the relevant judgments of the European Court of Human Rights.
THE LAW
As to the admissibility conditions set out in the Protocol and the Committee's Rules of
Procedure and the Government's related objections
10.
The Committee observes that, in accordance with Article 4 of the Protocol,
which was ratified by Greece on 18 June 1998 and entered into force for this state on
1 August 1998, the complaint has been submitted in writing and concerns Articles 11,
2§4, 3§1 and 3§2 of the Charter, provisions accepted by Greece when it ratified this
treaty. In addition, the grounds for the complaint are indicated.
11.
The Committee also observes that, in accordance with Articles 1 b) and 3 of
the Protocol, the MFHR is an international non-governmental organisation with
consultative status with the Council of Europe. It is included on the list, established
by the Governmental Committee, of international nongovernmental organisations that
are entitled to lodge complaints.
12.
As regards the particular competence of the MFHR in the matters of the
complaint, the Committee has examined the statute of the organisation and the
detailed list of its various activities relating to the articles of the Charter covered by
this complaint (see above, §7), which shows that the complainant has long been
involved in and particularly concerned with the relevant areas, and considers that the
organisation has particular competence within the meaning of Article 3 of the
Protocol.
13.
The complaint is signed by Mrs Alice YOTOPOULOS-MARANGOPOULOS,
who is President of the MFHR and is authorised to represent the complainant
organisation before any authority or court under Article 6§1 sub-paragraph a of its
statute. The Committee therefore considers that the complaint complies with Rule 23
of the Rules.
As to the Government's other objections concerning the admissibility of the complaint
14.
In response to the Government's objection concerning its responsibility for the
acts and omissions of the DEI, the Committee emphasises that the state is
responsible for enforcing the rights embodied in the Charter within its jurisdiction. The
Committee is therefore competent to consider the complainant's allegations of
violations, even if the State has not acted as an operator but has simply failed to put
an end to the alleged violations in its capacity as regulator. The extent of the
Government's responsibilities, whether in the capacity of operator or in that of
regulator will, if necessary, be examined in the proceedings on the merits of the
complaint.
15.
As regards the Government’s objection in connection with the Committee's
competence ratione temporis, in accordance with the principle of non-retroactivity of
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