US embassy cable - 02ATHENS4072

UNCLAS SECTION 01 OF 03 ATHENS 004072 
 
S/CT FOR REAP 
 
E.O. 12958: N/A 
TAGS: PTER, GR 
SUBJECT: GREECE: 2002 ANNUAL TERRORISM REPORT 
 
REF: A. STATE 201772 
     B. ATHENS 3967 AND PREVIOUS 
     C. ATHENS 3285 
 
 
THE FOLLOWING IS POST'S SUBMISSION FOR THE 2002 "PATTERNS OF 
GLOBAL TERRORISM" REPORT.  RESPONSES ARE KEYED TO REF (A). 
 
A: 
1.  IN SUPPORT OF THE GLOBAL COALITION AGAINST TERRORISM, THE 
GOG HAS ROTATED THREE FRIGATES (HS SPETSES, HS ADRIAS, AND HS 
PSARA) THROUGH ARABIAN SEA DUTY.  EACH FRIGATE CARRIES 
APPROXIMATELY 200 CREW MEMBERS, A S-70B6 HELICOPTER, AND A 
UNIT OF HELLENIC NAVY COMMANDOS.  GREECE HAS ALSO BEEN 
CONTRIBUTING TO THE INTERNATIONAL SECURITY ASSISTANCE FORCE 
(ISAF) IN AFGHANISTAN.  A 134-PERSON CONTINGENT (FROM THE 
GREEK CORPS OF ENGINEERS AND SUPPORT UNITS) IS IN PLACE IN 
KABUL.  TWO HELLENIC AIR FORCE C-130 AIRCRAFT BASED IN 
PAKISTAN ARE ALSO IN THE AFGHAN THEATER.  FOR MONTHS AFTER 
SEPTEMBER 11, 2001, TWENTY-ONE GREEK PILOTS AND SUPPORT 
PERSONNEL WERE AMONG NATO CREWS PILOTING AWACS AIRCRAFT OVER 
THE U.S. 
 
2.  THE GOG FULLY SUPPORTS UNSCR 1373 AND THE INTERNATIONAL 
EFFORT TO COMBAT THE FINANCING OF TERRORISM.  IN CONJUNCTION 
WITH EUROPEAN COMMISSION REGULATIONS, GREECE HAS ORDERED ALL 
BANKS AND CREDIT INSTITUTIONS TO SEARCH FOR ACCOUNTS OF USAMA 
BIN LADEN, THE AL-QAIDA TERRORIST NETWORK, AND OFFICIALS OF 
THE FORMER TALIBAN REGIME.  GREECE HAS BLOCKED SUSPECT 
ACCOUNTS CONSISTENT WITH EU REGULATIONS.  ALSO CONSISTENT 
WITH EU REGULATIONS AND THE EU CLEARINGHOUSE PROCESS, GREECE 
IS BLOCKING ACCOUNTS BELONGING TO INDIGENOUS EUROPEAN 
TERRORIST ORGANIZATIONS.  THE GOG HAS SEIZED ASSETS BELONGING 
TO 17 NOVEMBER TERRORIST ORGANIZATION (17N) SUSPECTS. 
 
3.  CONCERNING GREEK EFFORTS TO ENACT NEW COUNTERTERRORISM 
LAWS, THE MINISTRY OF JUSTICE ANNOUNCED IN SEPTEMBER THAT THE 
GOG WILL SUBMIT NEW CT LEGISLATION IN AN EFFORT TO COMPLY 
WITH THE JUNE 13, 2002 EUROPEAN COUNCIL FRAMEWORK DECISION ON 
COMBATING TERRORISM.  THE LEGISLATION WILL CONTAIN MANDATORY 
MINIMUM SENTENCES OF FIFTEEN YEARS FOR PERSONS FOUND TO HAVE 
HELD LEADERSHIP ROLES IN TERRORIST ORGANIZATIONS AND EIGHT 
YEARS FOR THOSE WHO MATERIALLY ASSIST TERRORISTS.  THE 
STATUTE OF LIMITATIONS WOULD BE EXTENDED TO THIRTY YEARS, A 
PROVISION LIKELY INCLUDED OWING TO UNHAPPINESS THAT THE 
PROSECUTION OF A NUMBER OF 17N CRIMES IS TIME-BARRED AFTER 20 
YEARS.  THE COUNCIL DECISION SPECIFIES THAT GREECE PASS THE 
LEGISLATION BY DECEMBER 31, 2002. 
 
B: 
4.  FOR ALMOST 27 YEARS SINCE THE 17 NOVEMBER TERRORIST 
ORGANIZATION'S FIRST ACT, THE DECEMBER 23, 1975 MURDER OF 
AMERICAN EMBASSY OFFICER RICHARD WELCH, GREEK AUTHORITIES HAD 
BEEN UNABLE TO PENETRATE THIS TERRORIST GROUP.  17N, NAMED 
AFTER THE DATE IN 1973 WHEN THE GREEK JUNTA CRUSHED A STUDENT 
UPRISING, FOLLOWED WELCH'S MURDER WITH TWENTY-TWO OTHERS, 
COUNTING FOUR OTHER U.S. EMBASSY EMPLOYEES AMONG ITS VICTIMS. 
 THE ORGANIZATION WAS ALSO RESPONSIBLE FOR A MULTITUDE OF 
OTHER CRIMES INCLUDING ATTEMPTED MURDER, ARMED ROBBERY, 
ROCKET ATTACKS, AND PROPERTY THEFT AND DESTRUCTION.  THE 
GROUP'S AURA OF INVINCIBILITY GREW WITH THE GOG'S INABILITY 
TO MAKE ARRESTS, AND IT CAME TO BE REGARDED AS ONE OF WESTERN 
EUROPE'S DEADLIEST TERRORIST ORGANIZATIONS. 
 
5.  THINGS CHANGED DRAMATICALLY IN 2002 (REF B).  ON JUNE 29, 
A 17N MEMBER NAMED SAVVAS XYROS WAS SERIOUSLY INJURED WHEN A 
BOMB HE WAS CARRYING EXPLODED PREMATURELY IN THE PORT OF 
PIRAEUS.  INFORMATION HE PROVIDED WHILE IN CUSTODY AND SOLID 
GREEK POLICE WORK QUICKLY LED TO THE ARRESTS OF OTHER 
SUSPECTS AND THE DISCOVERY OF TWO SAFEHOUSES CONTAINING LARGE 
AMOUNTS OF PHYSICAL EVIDENCE.  EIGHTEEN SUSPECTED 17N 
TERRORISTS ARE CURRENTLY BEHIND BARS, AND THE 17N TRIAL IS 
EXPECTED TO BEGIN IN EARLY MARCH.  ALL INDICATIONS ARE THAT 
THE GOG IS DOING ITS UTMOST TO ENSURE A FAIR AND SUCCESSFUL 
PROSECUTION, BUT THE SIZE AND SCOPE OF THE TRIAL (AT LEAST 18 
DEFENDANTS AND HUNDREDS OF CHARGES WILL BE TRIED IN ONE 
PROCEEDING) POSE DAUNTING CHALLENGES.  TO PROTECT THE 
INTERESTS OF EMBASSY VICTIMS OF 17N AND THEIR FAMILIES, THE 
USG HAS HIRED A GREEK ATTORNEY TO REPRESENT THEM. 
 
6.  (NOTE: UNDER GREEK LAW, VICTIMS OF CRIME AND/OR THEIR 
FAMILY MEMBERS ARE ALLOWED TO BE REPRESENTED BY LEGAL COUNSEL 
DURING A PROSECUTION.  ADVANTAGES OF SUCH LEGAL 
REPRESENTATION FOR THE VICTIM ARE THAT THE ATTORNEY CAN 
PARTICIPATE IN THE LEGAL PROCESS, AND HAS FULL ACCESS TO THE 
EVIDENCE AND CASE MATERIAL; THAT THE ATTORNEY CAN PROVIDE 
COUNSEL TO VICTIMS CALLED TO TESTIFY; AND THAT AN ATTORNEY IS 
NECESSARY TO INITIATE ADDITIONAL INVESTIGATION AND/OR 
CRIMINAL CHARGES AND/OR CLAIMS FOR COMPENSATION AGAINST THE 
DEFENDANTS ON BEHALF OF THE VICTIMS.  END NOTE.) 
 
7.  THE USG HAS EXPRESSED ITS FULL SUPPORT OF THE GOG'S 
HANDLING OF THE 17N CASE, WITH PRESIDENT BUSH WRITING PM 
SIMITIS TO CONGRATULATE HIM.  ADDITIONALLY, MINISTER OF 
PUBLIC ORDER CHRYSOCHOIDES, THE GREEK OFFICIAL MOST 
RESPONSIBLE FOR THE GOG'S RECENT SUCCESS, RECEIVED 
ENCOURAGEMENT FROM CIA DIRECTOR TENET, DEPUTY SECRETARY OF 
STATE ARMITAGE, AND DIRECTOR OF HOMELAND SECURITY GOV. RIDGE 
DURING AN OCTOBER TRIP TO WASHINGTON, D.C. 
 
8.  WHILE THE BREAKTHROUGH ON 17N HAS DOMINATED GOG 
COUNTER-TERRORISM DEVELOPMENTS IN 2002, GREEK POLICE SAY THEY 
HAVE BEGUN TO TARGET MORE AGGRESSIVELY OTHER DOMESTIC 
TERRORIST ORGANIZATIONS, INCLUDING THE NOW-DORMANT "ELA" 
(REVOLUTIONARY PEOPLE'S STRUGGLE), CONSIDERED THE GRANDFATHER 
OF GREEK DOMESTIC TERROR GROUPS; "REVOLUTIONARY NUCLEI;" 
"ANTI-STATE STRUGGLE;" AND "1 MAY." 
 
9.  FOLLOWING A SERIES OF LEGAL SETBACKS IN 2001 FOR GOG 
ATTEMPTS TO JAIL ANTI-STATE STRUGGLE TERRORIST AND LONGTIME 
CRIMINAL FUGITIVE AVRAAM LESPEROGLOU (WHOSE ATTEMPTED MURDER 
CONVICTION OF 2001 WAS OVERTURNED ON APPEAL, WHILE CHARGES 
REGARDING HIS ASSOCIATION WITH ANTI-STATE STRUGGLE WERE 
DROPPED WHEN PROSECUTION WITNESSES FAILED TO APPEAR OR 
RECANTED TESTIMONY), THE GOG TRIED AGAIN IN 2002 (REF C). 
THE GREEK SUPREME COURT VACATED THE OVERTURNING OF 
LESPEROGLOU'S ATTEMPTED MURDER CONVICTION, AND HE FOUND 
HIMSELF BACK IN COURT ON THAT COUNT IN SEPTEMBER.  AFTER A 
SHORT TRIAL, DURING WHICH LESPEROGLOU RAILED AGAINST THE U.S. 
(HE OPENED WITH THE FOLLOWING STATEMENT: "I AM HERE, ALTHOUGH 
ACQUITTED, FOLLOWING PRESSURE BY THE AMERICANS AND THEIR 
LOCAL VASSALS WHO WANT MY CONVICTION..."), HE WAS AGAIN 
ACQUITTED. 
 
10.  A SIGNIFICANT DIFFERENCE BETWEEN THE LESPEROGLOU TRIAL 
AND THE UPCOMING 17N TRIAL IS THAT LESPEROGLOU WAS TRIED 
UNDER THE CONVENTIONAL GREEK FELONY TRIAL SYSTEM THAT USES 
THREE PROFESSIONAL JUDGES AND FOUR LAY ASSESSORS (JURORS) TO 
ARRIVE AT A SIMPLE-MAJORITY VERDICT.  THAT SYSTEM HAS 
RESULTED IN CONSISTENT 4-3 ACQUITTALS OF TERRORIST-RELATED 
SUSPECTS (POSSIBLY ATTRIBUTABLE TO WITNESS INTIMIDATION), AND 
WAS A MAJOR IMPETUS BEHIND THE CREATION OF THE 
COUNTER-TERRORISM LAW PASSED IN 2001.  THE 2001 LAW, WHICH 
WILL BE APPLIED IN THE 17N CASE, ELIMINATES THE FOUR LAY 
JURORS FROM THE PROCESS, AND 17N VERDICTS WILL THEREFORE BE 
DECIDED UPON BY THREE JUDGES ONLY, MAKING THEM MORE LIKELY TO 
BE BASED SOLELY ON THE MERITS OF THE CASE. 
 
C: 
11.  THE GOG DID NOT EXTRADITE OR REQUEST THE EXTRADITION OF 
ANY SUSPECTED TERRORISTS DURING 2002, NOR DID THE USG SUBMIT 
ANY SUCH REQUEST. 
 
D: 
12.  UNDER ARTICLE 438 OF THE GREEK CODE OF CRIMINAL 
PROCEEDINGS, EXTRADITION IS PROHIBITED IF A) THE REQUESTED 
INDIVIDUAL WAS A GREEK NATIONAL WHEN THE OFFENSE WAS 
COMMITTED; B) THE OFFENSE FOR WHICH THE EXTRADITION HAS BEEN 
REQUESTED IS CONSIDERED BY GREEK LAW TO BE A POLITICAL 
OFFENSE, OR IF IT APPEARS FROM THE CIRCUMSTANCES THAT THE 
EXTRADITION IS BEING REQUESTED FOR POLITICAL REASONS; OR C) 
IF IT IS POSSIBLE THAT THE PERSON REQUESTED WILL BE 
PROSECUTED BY THE REQUESTING STATE FOR AN OFFENSE OTHER THAN 
THE ONE FOR WHICH THE REQUEST HAS BEEN SUBMITTED.  AT THE 
SAME TIME, ARTICLE 8 OF THE U.S.-GREECE EXTRADITION TREATY 
STATES: "UNDER THE STIPULATIONS OF THIS TREATY, NEITHER OF 
THE HIGH CONTRACTING PARTIES SHALL BE BOUND TO DELIVER UP ITS 
OWN CITIZENS, EXCEPT IN SUCH CASES WHERE SUCH CITIZENSHIP HAS 
BEEN OBTAINED AFTER THE PERPETRATION OF THE CRIME FOR WHICH 
EXTRADITION IS SOUGHT.  THE STATE APPEALED TO SHALL DECIDE 
WHETHER THE PERSON CLAIMED IS ITS OWN CITIZEN." 
 
E: 
13.  FROM PRIME MINISTER SIMITIS DOWN, THE GOG HAS SHOWN A 
STRONG PUBLIC DETERMINATION TO ERADICATE DOMESTIC TERRORISM. 
THE DECISION BY SOME 17N ARRESTEES TO CHARACTERIZE THEIR 
CRIMES AS POLITICALLY MOTIVATED HAS CATALYZED A MORE VIGOROUS 
PUBLIC ANTI-TERRORISM STANCE BY THE GOG.  A NOTABLE EXAMPLE 
OF THE NEWFOUND VIGOR WITH WHICH THE GOG HAS CONDEMNED 
TERRORISM IS THAT THE PRIME MINISTER USED THE OCCASION OF THE 
ANNUAL STATE OF THE ECONOMY SPEECH, ALWAYS ONE OF THE MOST 
IMPORTANT OF THE YEAR, TO ACCUSE DOMESTIC TERRORIST GROUPS 
(AND 17N IN PARTICULAR) OF "HIJACKING" THE LEFT'S IDEOLOGY 
AND DISTORTING SOCIALISM. 
 
F: 
14.  ON THE OLYMPICS, GREECE CONTINUES TO SEEK ASSISTANCE AND 
COUNSEL FROM THE OLYMPIC SECURITY ADVISORY GROUP (OSAG).  IN 
THAT CONTEXT, EXPERTS FROM THE U.S., UNITED KINGDOM, FRANCE, 
GERMANY, ISRAEL, AUSTRALIA, AND SPAIN ARE CONTINUOUSLY 
ADVISING AND TRAINING GREEK SECURITY PERSONNEL.  THE 
PRINCIPAL SOURCE OF U.S. TRAINING HAS BEEN THE DEPARTMENT'S 
DIPLOMATIC SECURITY SERVICE'S ANTI-TERRORISM ASSISTANCE 
PROGRAM. 
 
15.  GREECE (POPULATION APPROXIMATELY 11 MILLION) IS THE 
SECOND SMALLEST COUNTRY EVER TO HOST A MODERN SUMMER OLYMPICS 
(FINLAND IN 1952 WAS THE SMALLEST).  BEFORE SEPTEMBER 11, 
2001, THE GOG HAD ANNOUNCED THAT IT WAS GOING TO SPEND USD 
600 MILLION ON OLYMPIC SECURITY.  THE LATEST FIGURE HAS RISEN 
TO USD ONE BILLION.  THROUGH THE OLYMPIC GAMES SECURITY 
DIRECTORATE (OGSD), THE INTER-MINISTERIAL COMMITTEE HEADED BY 
THE HELLENIC NATIONAL POLICE, OLYMPIC SECURITY PLANNING AND 
OPERATIONAL READINESS TESTING IS GOING ON DAILY.  SUCH 
EFFORTS INVOLVE POLICE, MILITARY, COAST GUARD, AND 
VOLUNTEERS.  IN ALL, GREECE IS EXPECTING TO UTILIZE WELL OVER 
40,000 PEOPLE TO PERFORM OLYMPIC SECURITY DUTIES. 
 
G: 
16.  THE REVOLUTIONARY PEOPLES LIBERATION FRONT (DHKPC), A 
STATE DEPARTMENT DESIGNATED FOREIGN TERRORIST ORGANIZATION, 
ANNOUNCED DURING A 1995 PRESS CONFERENCE AT THE ATHENS BAR 
ASSOCIATION THAT IT WAS SETTING UP AN ATHENS OFFICE.  AT 
LEAST TWO ATHENS ADDRESSES HAVE SINCE BEEN PUBLICLY 
IDENTIFIED AS DHKPC OFFICES, AND THE DHKPC WEBSITE CLAIMS 
"OUR PRESENCE IN GREECE IS QUITE OPEN AND DEMOCRATIC FOR 
EVERYONE TO SEE." 
 
H: 
17.  THE GOG DID NOT MAKE ANY PUBLIC STATEMENTS IN SUPPORT OF 
A TERRORIST-SUPPORTING COUNTRY ON A TERRORISM ISSUE. 
 
I: 
18.  THE RECENT SUCCESS IN CRACKING 17N HAS HAD A VERY 
POSITIVE EFFECT ON BOTH THE GOG'S AND THE GREEK PUBLIC'S 
ATTITUDE TOWARD TERRORISM, AS WHAT WAS ONCE A POLITICAL 
LIABILITY IS NOW SEEN AS A PLUS.  THE SITUATION SURROUNDING 
THE PASSAGE (ON JUNE 12, 2001) OF MILESTONE COUNTERTERRORISM 
LEGISLATION PROVIDES AN ILLUSTRATION OF HOW THE SUBJECT WAS 
VIEWED BY THE GOG.  THAT BILL WENT THROUGH IN THE DEAD OF 
NIGHT, ON ITS THIRD AND FINAL READING, AND WITH ONLY 15 OF 
300 MPS (AND ONLY FIVE PASOK MPS) PRESENT.  NOW, FLUSH WITH A 
VICTORY OVER 17N, WE ARE SEEING EVIDENCE THAT THE GOG IS 
GETTING OUT IN FRONT ON TERRORISM, WITH MINISTER OF JUSTICE 
PETSALNIKOS ANNOUNCING NEW ANTI-TERRORISM LEGISLATION ON THE 
ANNIVERSARY OF 9/11 (SEE ABOVE, SECTION (A)). 
 
J: 
19.  THE GOG'S EFFORTS TO ELIMINATE FINANCIAL SUPPORT TO 
TERRORIST ORGANIZATIONS IS DISCUSSED IN SECTION (A), 
PARAGRAPH (2).  OTHER U.S. COUNTERTERRORISM EFFORTS AND 
INITIATIVES WITH THE GOG IN 2002 INCLUDE THE FBI'S PROVISION, 
AT THE GOG'S REQUEST AND TO AUGMENT GOG EFFORTS, OF FORENSIC 
EXPERTISE IN FINGERPRINT AND DNA ANALYSIS, DIGITAL MEDIA 
(COMPUTER) EXPLOITATION, AND EVIDENCE RECOVERY. 
 
K: 
20.  THE GOG HAS BEEN COOPERATIVE IN ASSISTING USG 
INVESTIGATIONS INTO ACTS OF TRANSNATIONAL TERRORISM (E.G. WTC 
DISASTER AND EMBASSY BOMBINGS IN NAIROBI AND DAR ES SALAAM). 
AFTER 9/11 THE GOG ASSISTED THE U.S. IN OBTAINING RECORDS 
(FLIGHT MANIFESTS, HOTEL INFORMATION) PERTAINING TO TWO OF 
THE SEPTEMBER 11 HIJACKERS WHO HAD TRANSITED GREECE. 
 
L: 
21.  THE USG DID NOT SEEK GREEK COOPERATION IN 2002 FOR THE 
PREVENTION OF A SPECIFIC ACT OF TERRORISM AGAINST U.S. 
CITIZENS OR INTERESTS.  POLICE COOPERATION WAS ALWAYS 
EXCELLENT WHEN THE EMBASSY WAS THE TARGET OF GENERAL THREATS 
OR DEMONSTRATIONS. 
 
 
MILLER