On Monday, July 8, 2024, the trial against residents of the island of Lesvos for the coordinated attacks against people on the move demonstrating in the main square of Mytilini took place. Observers from various organizations, who had been following the trial since its early stages, attended with the goal of monitoring the proceedings. However, upon their arrival in the courtroom, the president informed them that a notification had been sent to all prosecutors in Greece, stating that the retransmission of the proceedings was banned. The monitoring organizations informed the court that they did not use the voice-to-speech software mentioned in the explanatory memorandum accompanying the law and therefore could continue to monitor the proceedings as before. The court explained to the trial observers that it was up to the prosecutor’s interpretation of this provision and that if the observers continued to record, there was a possibility that the prosecutor would take legal action against them.

“The prohibition for immediate transmission of court procedures was done because, for several cases in the future, they don’t want to give the public a chance to hear the details out loud” said an anonymous trial observer from Aegean Migrant Solidarity.

Trial observing has been a tool used by many rights organizations to monitor proceedings related to the criminalization of people on the move and SLAPP suits against human rights defenders. Limiting the right to a public trial can have a severe impact on the work these organizations are doing and, therefore, also harm those who are wrongfully accused. Since 2021, the Greek Government has been accused of a lack of transparency and cracking down on freedom of the press. This amendment to Greek law represents yet another step towards opacity, as well as a contradiction of the Greek constitution. In this short analysis of the amended article, BVMN explores the contradictions between the constitution and the amendment.