VZCZCXYZ0013
PP RUEHWEB

DE RUEHTH #1945/01 2061456
ZNR UUUUU ZZH
P 251456Z JUL 06
FM AMEMBASSY ATHENS
TO SECSTATE WASHINGTON DC PRIORITY 0000

UNCLAS ATHENS 001945 
 
SIPDIS 
 
SIPDIS 
 
EUR/SE 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PTER GR
SUBJECT: CONVICTED NOVEMBER 17 TERRORIST RELEASED FROM 
PRISON 
 
 
REF: A. ATHENS 00942 
     ¶B. 05 ATHENS 1775 
     ¶C. 04 ATHENS 3870 
     ¶D. ATHENS 00885 
 
This message is sensitive but unclassified, please protect 
accordingly. 
 
¶1.  (SBU) Summary: Convicted November 17 terrorist, Nikos 
Papanastasiou, was released from prison on July 19 for 
"health reasons."  Papanastasiou was sentenced to eight years 
imprisonment for "setting up and participating in a criminal 
group," for his affiliation with the November 17 terrorist 
organization.  To date, the N17 organization has claimed 
responsibility for twenty-one murders, including the killings 
of a CIA Athens station chief, a U.S. Navy captain, a U.S. 
defense attach, a Turkish diplomat, and a British defense 
attach.  Papanastasiou is the third convicted November 17 
terrorist to be granted an early release from prison on 
health grounds, possibly indicating a worrisome trend.  End 
summary. 
 
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PAPANASTASIOU RELEASE COULD SIGNIFY A TREND 
------------------------------------------- 

¶2.  (U) On December 17, 2003, Nikos Papanastasiou, now 54 
years old, was sentenced to eight years imprisonment for 
"setting up and participating in a criminal group" (the 
November 17 terrorist organization).  Despite having only 
partially served his sentence, Papanastasiou was released 
from prison on July 19 on health grounds.  (Note: 
Papanastasiou was convicted of being affiliated with N17, but 
was acquitted for homicide charges associated with the 
attempted murder of American Sergeant Richard Judd, and the 
murders of patrolman Chistos Matis, newspaper publisher Nikos 
Momferatos, and Momferatos' driver Panayiotis Rousetis.  End 
Note).  The Judicial Council, a panel of senior judges that 
deals mainly with procedural issues and questions relating to 
sentencing in closed session, granted Papanastasiou's early 
release despite objections from the prosecutor.  Because 
Papanastasiou is the third N17 prisoner to be granted early 
release based on health grounds, it is conceivable that a 
potential trend is emerging that could continue to impact 
other "non-serious"  (convicted of 5-8 years on conspiracy or 
related charges) N17 prisoners (reftels A, B, and C). 
 
----------------------------- 
PROSECUTOR OBJECTS TO RELEASE 
----------------------------- 

¶3.  (SBU) The Piraeus First Instance Court Judicial Council 
accepted Papanastasiou's application for conditional release, 
despite the prosecutor's objections, because he had served 
3/5 of his sentence working in prison (one work day in prison 
counts for two), he has (undefined) "health problems," and he 
had "demonstrated good behavior while detained."  (Note: In 
Greece, the prosecutor traditionally has remained silent or 
responded favorably to "non-serious" terrorist early release 
applications.  This prosecutor's objection is obviously a 
departure from the prevailing attitude, yet it would be 
premature to interpret it as a significant shift in the 
overall disposition of prosecutorial authorities toward 
"secondary" terrorist suspects and/or convicted terrorists. 
End note.) 
 
----------------------------------------- 
BACKGROUND ON JUDICIAL COUNCIL'S LENIENCY 
----------------------------------------- 

¶4.  (U) The Judicial Council issues verdicts that are not 
part of the public record, unlike judicial rulings in regular 
courts.  The Council focuses on issues related to the Code of 
Criminal Procedure and rules on various aspects of applying 
sentences, including cases such as Papanastasiou's where a 
convicted person seeks relief from the continuing application 
of his/her sentence by claiming various extraordinary 
circumstances, possible new and potentially exonerating 
evidence, and/or grounds of good behavior.  The Council does 
not conduct a trial and does not address and/or weigh 
substantive issues relating to the crime of which a person is 
convicted.  Instead, it deals with the letter of law and 
assesses whether the Code of Criminal Procedure has been 
faithfully applied; in cases of petitions for relief (for 
example, health grounds), the Council focuses on whether 
various favorable legislative loopholes and other fine print 
in the law may be applied.  Theoretically, the Greek 
judiciary does not respond to government pressure and is 
considered "politically neutral." 
 
--------------------------------------------- - 
POTENTIAL TREND TO IMPACT "SERIOUS OFFENDERS?" 
--------------------------------------------- - 
¶5.  (U) In contrast to Papanastasiou's "non-serious" 
conviction, N17 mastermind Alexandros Yiotopoulos and top 
hit-man Dimitris Koufodinas received (non-consecutive) 
multiple life sentences for their "more serious" convictions 
on December 17, 2003.  Savvas Xyros, one of N17's main gunmen 
whose arrest led to the unraveling of the terrorist group, 
has been denied conditional release on health grounds despite 
his suffering from serious health problems.  However, even 
these lifetime sentences do not guarantee true lifetime 
punishment in Greece, as Greece's historical practice is to 
have prisoners serve 20-25 years of a life sentence before 
being released (reftel D). 
 
¶6. (SBU) Comment: While Papanastasiou's early release appears 
to be the beginning of a worrying trend, it is premature to 
interpret the release as proof that the December 2003 N17 
convictions are completely unraveling with widespread 
releases (including Yiotopoulos and Koufodinas) soon to 
follow.  Papanastasiou's release could be attributed to many 
converging factors including legislation favoring convicts 
who have received relatively short sentences and subsequently 
become model prisoners; the relatively lenient tradition of 
Greek courts when reviewing petitions for relief lodged by 
such prisoners; an astute defense strategy knowing how to 
capitalize on "trial fatigue" (referring to the on-going, 
laborious N17 appeals trial); and, last but not least, the 
unceasing labors of leftwing human and political rights 
groups, with a long tradition of defending terrorist 
suspects, anarchists, and other "anti-authority militants." 
On the other hand, because Papanastasiou is the third N17 
prisoner to have been released early on health grounds 
(preceded by Konstantinos Telios and Pavlos Serifis), there 
may be credence to an "attrition theory" suggesting that the 
Greek judicial system will incrementally consent to the early 
releases of all "non-serious" N17 terrorists (convicted of 
5-8 years on conspiracy or related charges).  Given the 
nature of N17's crimes, however, this is disturbing, to say 
the least. 
RIES