Nikolas Kondylis [Attorney at Law, N. Kondylis & Partners' Law Office, Athens]: "During the last two days several protests took place in Athens in the anniversary of the death of a young boy who was killed last year. Within the demonstrations several protestors and anarchists turned parts of the protests into raids, violated the law and caused damages. Therefore, some of them, as announced, were arrested by the police authorities and brought before the prosecutor and the examining magistrate with various accusations.

According to the Greek Constitution and the rules of the penal procedure, a person who is arrested in the act of committing a crime shall be brought before the competent examining judge within twenty-four hours of his arrest. The examining magistrate must, within three days from the day the person was brought before him, either release the detainee or issue a warrant of imprisonment. Upon application of the person brought before him or in case of force majeure confirmed by decision of the competent judicial council, this time limit shall be extended by two days. Should either of these time-limits elapse before action is taken, any warden or other officer, civil or military servant, responsible for the detention of the arrested person must release them immediately. Violators shall be punished for illegal detention and shall be liable to restore any damage caused to the sufferer and to pay him a monetary compensation for pain and suffering, as specified by law. The accusations will be judged whether they are groundless or not before the penal courts. The arrest itself does not denote the correctness of the accusation or the guilt of the accused persons. The people who have been arrested should be judged fairly and under the principles of justice and law.

At this point, it should be mentioned that according to Article 11 of the Constitution, Greeks shall have the right to assemble peaceably and unarmed. Although, this right is not absolute. It knows the bounds of public order and security since outdoor assemblies may be prohibited by the police authority with a reasoned decision, and in general if a serious threat to public security is imminent, or in a specific area if a serious disturbance of social and economic life is threatened, as specified by law. On the one hand, these provisions guarantee the freedom of assembly, while on the other they ensure the interests of the state."