[Congressional Record Volume 140, Number 38 (Tuesday, April 12, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: April 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
GREEK GOVERNMENT'S MISTREATMENT OF FORMER KING CONSTANTINE
Mr. PELL. Madam President, I have long been an admirer of Greece and
the democratic values that America shares with that country. It is,
therefore, with great disappointment that I recently learned that the
present Government of Greece has introduced legislation confiscating
property owned by King Constantine and stripping him and his family of
their Greek citizenship. This is a clear violation of human rights, and
I urge the Government of Greece to reconsider its actions.
King Constantine is a Greek patriot in the finest sense of the word.
He and his father and grandfather were all born in Greece, and King
Constantine is rightfully indignant at having his Greek heritage
challenged. Although King Constantine was ousted as Greece's monarch in
1967, he has never done or said anything that would undermine Greek
interests. He has always placed Greece's interests over personal
ambition. That is why it is so hard to understand why the Greek
Government would take such vindictive action against him. Common
decency and fair play call for withdrawing the unfair legislation
directed against King Constantine.
Madam President, today in London, King Constantine held a press
conference to denounce the actions of the Greek Government and to set
forth his reasons for opposing the Government's legislation.
I ask unanimous consent that the full text of King Constantine's
statement as well as the draft legislation directed against him be
printed at this point in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
HMK's Text for the World Press Conference--Tuesday, April 12, 1994
Ladies and Gentlemen: I appreciate the time you have taken
to be with me today. As you know, last week the Prime
Minister of Greece, Andreas Papandreou, said he was planning
to put a bill through Parliament aimed at confiscating my
property and depriving me and my entire family of Greek
citizenship, and making us persona non grata in our homeland.
I did not respond immediately because the severity of what
he was trying to attempt made it important for me to discuss
his actions with constitutional and legal experts. their
opinions have underlined what would have been my immediate
response. So today I will give you my response and a similar
reply has been issued on my behalf in Greece.
I regard the Prime Minister's decision as contrary to the
Greek Constitution and as being in complete opposition to the
European Convention for the protection of Human Rights and
the rules of international law, against the principles of the
European Union and common sense.
I regret the decision on the confiscation of our property
not because any great wealth is involved, but because, as
many of you know, we donated the greater part of our property
to the Greek people. The value of the property was much
higher than the taxes owed. This proposed confiscation is
even more surprising to me because I negotiated in good faith
with the Andreas Papandreou government from 1984 to 1988
until the Prime Minister became ill, and later with the
Conservative government from 1991 to 1992. You will have
received a copy of the terms of that agreement when you
arrived.
What concerns us is that Democratic states do not practice
confiscation lest they appear to be governing under arbitrary
rule. I can only surmise that the Prime Minister is using
this whole issue to divert attention away from tax
legislation he is presently proposing and other major
problems he faces.
My family and I will bear this new injustice with patience,
as we have done with others in the past. It is of little
significance in comparison to difficulties facing the Greek
people. But we will never accept the questioning of our Greek
heritage.
I shall fight to retain our Greek nationality by every
lawful means at both the international and domestic level. I
would also like to issue a reminder that depriving people of
their citizenship has always been one of the first measures
taken by every totalitarian regime against its opponents, and
the deprivation of the protection of the courts is a measure
unthinkable under the modern rule of law.
The contents of the draft law on deprivation of nationality
are not only contrary to the legislation in force in our
country and European law, but are in conflict with the recent
history of Greece.
In 1863 my great grandfather was unanimously elected King
of the Hellenes by the National Assembly with the title of
King George I. He reigned for 50 years and set the seal on
Thessaloniki becoming Greek with the sacrifice of his life.
My grandfather who was born in Greece had the honour to lead
our heroic forces in the liberation of Epirus and Macedonia.
My uncle, Alexander I, born in Greece, was on the throne when
Thrace was liberated and my uncle George II, also born in
Greece, was the King when the brave Greek people humbled the
Axis and liberated, for a short time, Northern Epirus and
Western Macedonia. And my father, also born in Greece, had
the happiness of seeing in his time the unification of the
Dodecanese and the successful halting of the Slav aggression
in Macedonia and the safeguarding of the territorial
integrity of Greece which helped give birth to the Truman
doctrine. And all of them served in the Greek armed forces.
It is becoming more and more obvious that the Prime
Minister does not like me. That is certainly his privilege.
But to say that my family and I are not Greek goes beyond the
question of personal likes and dislikes. All my children have
attended a Greek school which my wife and I helped to found.
My wife and elder children speak fluent Greek. I am Greek. My
wife is Greek. My children are Greek. And nothing the Prime
Minister says can ever change this.
Since I left my country I have made it a policy not to make
any political statements that referred to Greek parties or
Greek politicians. And in 27 years since I departed I have
only returned twice, the first time for my mother's funeral,
and last summer when I had the opportunity to bring all five
children to see their homeland. I have never sanctioned any
political party or organization being started in Greece on my
behalf. It is very difficult for me to understand how the
Prime Minister sees me as a threat to the stability of
Greece. I feel Greece is far stronger than that.
I also feel now, after following with mounting apprehension
the developments in our country over the last months, that it
is time that I should voice my concerns. This is something I
have avoided doing lest it be thought that I was exacerbating
a highly charged atmosphere. This is the right of any citizen
in a democratic society and should not put his passport at
risk.
Now I cannot, nor do I believe I have the right, to conceal
my fears that my country is facing the gravest problems and
dangers and that, while Greek society is passing through the
most acute social, political and indeed moral crisis, a
systematic effort is being made by the government to mislead
public opinion by, for example, making an issue of my
citizenship.
There are far more vital issues. I follow anxiously the
violation of the rights of the Greek minority in Northern
Epirus. Regarding Macedonia, all Greeks believe the Skopje
government should recognize the Greek minority--Greek-
speaking, Vlach-speaking and even Slav-speaking people who
live neglected by the government of Skopje. But because of
wrong handling, the Greek government has allowed the serious
dispute between Greece and the government of Skopje to become
between Greece and the European Union.
The Greek people are by nature peace-loving and by
tradition peacemakers. I am sure that any of you who have
visited my country will have found that to be true. But
Greeks do have a full awareness of their national tradition
and the dangerous turn which affairs in the Balkans could
take.
If this is not sufficiently appreciated it is due to the
inability to have their case properly presented to the
international community.
This year is the 20th anniversary of the occupation of
almost half of Cyprus. In Constantinople the Ecumenical
Patriarchate is under threat, and on the islands of Imvris
and Tenedos the last traces of Greek presence are being wiped
out. And in the face of these provocations and threats it is
unfortunate that we confine ourselves to initiatives which
are purely for domestic consumption.
Even more important, the Greek economy is passing through a
phase of great and prolonged recession. The domestic product
remains at a standstill, if not on the decline, and
unemployment is spiralling, affecting chiefly the young who
have the most to lose.
In these adverse circumstances which are so difficult for
the Nation, the government has chosen to spend its energy on
an unprovoked attack on me and my family in order to shift
the attention from problems that have not been solved. They
seem to see me as a greater threat than a deteriorating
economy and a growing political crisis.
This being the case, I feel it is my duty to assure the
sovereign Greek people that I will always remain
unflinchingly and immovably on the side of my beloved
homeland.
Thank you.
____
Bill
Settlement of questions pertaining to the expropriated
property of the deposed royal family of Greece.
article 1
1. Law 2086/1992 ``Ratification of the contract entered by
and between the Greek State and former King Constantine,
drawn up by Deed no 10573/1992 of Notary public of Athens,
Styliani Hatzjiara-Leli'' (A172) is abolished from the date
it came into force.
2. Deed no. 10573/3.6.92 of Notary public of Athens,
Styliani Hatjiara-Leli is invalidated from the date of its
signing.
3. Any legal issues arising from law 2086/1992 and Deed no.
10573/3.6.1992 of Notary public of Athens Styliani Hatjiara-
Leli are hereby waived from the time of their occurrence.
article 2
1. The Greek State becomes the owner, user and possessor of
the movable and immovable property of the deposed King
Constantine Glugsburg, and of the members of his family, as
described in LD 225/1973 ``Re expropriation of movable and
immovable property of former King and of members of the royal
family'', (A278), which remained in force under articles 1
and 2 of the Constituent Act 1/1.8.1974 (A213), and the
outcome of the Referendum of 8 December 1974 which was in
favor of Uncrowned Republic, incorporated in the provisions
of article 1 of the prevailing Constitution of the country,
and in the tables attached to aforesaid decree, regarding the
expropriated movable items and sketches of expropriated real
estates.
This property also includes items which were directly or
indirectly referred to in Law 2086/1992 and the contract
ratified by said law.
2. All the assignments of property and deeds or acts of
concession of movable or immovable items from the Greek State
to the Kings of Greece and members of their royal family,
pertaining to the property of preceding paragraph are by
right revoked.
3. Reference of said law is made in the books of transfers
and mortgages either by the appropriate authorities or on the
request of the Minister of Finance or the Chairman of the
Committee which is formed in accordance with the provisions
of article 3 of following article.
article 3
1. A seven-member Committee is formed, composed of:
a. One member of the Legal Council of the State, as
Chairman.
b. One assessor of the Auditors Council as Vice Chairman.
c. One representative of the Ministers of Presidency of the
Government, Interior, Finance, Agriculture and Culture.
2. The composition of aforesaid Committee is made by
decision of the Minister of Finance. By decisions of the same
Minister replacements, substitutions or
supplementation of members of the
committee are made.
3. The aforesaid Committee acts as representative and for
the account of the Greek state on matters and competencies
entrusted to it by this law.
4. The objective of the committee is: a. The inventory of
items referred to in paragraph 1 of article 2 of this law,
and the claiming of the items which are not controlled,
supervised or safeguarded by the State. b. To proceed with
any necessary action pertaining to the administration and
management of said items. c. To deliver the aforesaid items
to the public services, legal entities or enterprises
referred to in paragraph 1 and 4 of article 4 of this law,
and d. To deal with any function or activity that may be
assigned to it by decision of the Minister of Finance that
is relevant to the items in question.
5. Matters pertaining to the operation of the aforesaid
Committee as well as any other detail which is regarded
necessary for the application of the provisions of this
article are defined by decisions of the Minister of Finance.
article 4
1. The Committee formed according to preceding article,
will deliver the ownership or use or simply the management
and administration of the items referred to in paragraph 1 of
article 2 of this law, to the public services, legal entities
of public law, legal entities of private law of public
sector, public enterprises, organizations of local
administration of any degree, enterprises directly or
indirectly controlled by the State, irrespective of their
legal form, determined by Presidential Decree which is
promulgated by proposal of the Ministers of Finance, Culture
and of the Minister in charge occasionally. The same
Presidential Decree will determine any other detail which may
deem essential for the application of this provision.
2. The real estate MON REPOS which is in Kerkyra becomes
the ownership of the Municipality of Kerkyra. The villa in
the estate shall be used as a museum or as a space where
cultural events can be held--primarily displays, concerts,
lectures--or other such causes, which are in harmony with the
character and nature of the estate as an archaeological and
historical monument, as specified in the decision of the
Minister of Culture.
A Presidential Decree which is issued by proposal of the
Ministers of Finance, Interior and Culture, adjudicated by
the Municipal Council of the Municipality of Corfu, will
define matters pertaining to the maintenance, management and
operation of the estate, the villa and any other
installation, and appurtenances of the estate, with special
care given to the archaeological research and the development
of the area as archaeological and cultural monument, and any
other detail which is deemed essential for the application of
this provision.
3. The estates of Dekelia (Tatol) of Attika and Polydendri
Aghia of Larissa, are now governed and administered by the
Ministry of Agriculture which will conduct these
jurisdictions in accordance with the prevailing provisions.
A joint decision of the Ministers of Agriculture and
Culture will determine the historical monuments which exist
in these estates. The Ministry of Culture will be in charge
of their maintenance, management and operation.
A Presidential Decree to be issued on the proposal of the
Minister of Agriculture will determine the specific purposes
which are served by the buildings in the estate, structures
of any kind and particular spaces, except the aforesaid
historical monuments and other areas, the parties or party
who will undertake the management, administration and use of
these structures and any other detail which is deemed
essential for the application of this provision.
4. By Presidential Decrees to be issued on the proposal of
the Ministerial Council, parts of these estates referred to
in paragraph 1 of article 2 of this law may be transferred to
foundations for the erection, within the framework of
their activities, medical units or medical research
centers, provided this is in harmony with the forestal
appearance of the estates, and the need to preserve their
cultural features.
Presidential Decrees to be issued on the proposal of the
Ministers of Finance, Agriculture, Health and Welfare and
Social Insurances and Culture, will ratify contracts entered
by and between the Greek State and the aforesaid foundations,
for the transfer of parts of aforesaid estates. Amendments of
founding acts or by-laws of the aforesaid organizations or
foundations are also ratified by the aforementioned
presidential decrees.
Article 5
1. Inheritance taxes, real estate taxes and extraordinary
contributions which have been assessed in any manner, plus
any other increments, penalties, stamp taxes, expenses for
administrative execution, and amounts assessed in favor of
third parties, that concern the estates or movable items
referred to in paragraph 1 of article 2 of this law are
written off.
Income taxes, with all relative additional payments and
fines, are also written off so long as the course of income
was the cultivation, lease or other such use of the estates.
The acts of Public Economic Services (tax services) or
taxes of fiscal nature are revoked ipse jure.
Any court hearing pending before the regular administrative
courts or the Council of the State having as subject matter
the aforesaid taxes with additional payments or penalties and
other surcharges are abolished--cancelled.
Any amount paid by the parties involved--obligors--for the
aforesaid reasons--taxes--with additional payments and
penalties or other surcharges may be sought for.
The Greek State may oppose to any off setting of any
overdue claim that it may have against these parties for any
reason whatsoever.
An overdue claim of the State, which precludes the seeking
of the aforesaid amounts, is the demand for the proper return
of the movable items of paragraph 1 article 2 of this law
that were removed from the deposed king or members of the
family. In the same intact condition that were before they
were removed.
2. Leases that were concluded with any lessee concerning
real estates referred to in paragraph 1 of article 2 of this
law will continue to exist between the lessee and the Greek
State.
The Greek State may rescind at no cost these leases, if
such a thing is warranted for the protection or projection of
the historical and monumental, archaeological, forestal or
otherwise character of the estate under lease.
3. Real or personal contracts excepting leases referred to
in previous paragraph, concerning estates or movable items of
paragraph 1 of article 2 of this law are invalidated from the
date of their conclusion. The relative entries in the books
of transfers and mortgages are automatically deleted, or on
the request of the Minister of Finance and or the Chairman of
the Committee as per article 3 of this law.
article 6
1. The items which are referred in article 2 of this law,
that escaped in any way the supervision and safekeeping of
the State, especially those that present historical interest
or archaeological value, or works of arts, will be sought
after in accordance with standing regulations.
2. The State may institute proceedings against any third
party, who has contributed by fraud or negligence in the
smuggling of the aforesaid movable items.
3. The Courts, the Investigating and Prosecuting
Authorities of Athens are the competent authorities to pass
judgement on applications for injunctions, or civil actions,
and to investigate the penal responsibilities concerning
aforesaid property.
4. Legal means brought before any court shall be rejected
and not admitted, if the litigant party utilizes for purposes
of his identity old titles of nobility or the name of his
political rank that he held, even with the indication former,
ex or such other insignia.
5. Constantine Glugsburg and members of his family, as same
is defined by the relevant legislation is considered as never
having acquired the greek citizenship. In any case the Klng
and his family have ipso jure deprived themselves of the
Greek citizenship by the results of the Referendum of 8
December 1974 which was in favor of the Uncrowned Republic,
as this was incorporated in the provisions of article I of
the prevailing Constitution of the Country.
Passports, travel documents and similar instruments that
were given to them are considered null and void since the
reason of their acquisition was the status of Greek citizen.
article 7
1. Any provision of law of regulating act which is contrary
to the provisions of this law is abolished.
2. This law comes into force and effect as of its
publication in the Government Gazette.
Athens, March 1994.
Mr. PELL. Madam President, I yield the floor and suggest the absence
of a quorum.
The PRESIDING OFFICER. If there is no objection, time will be charged
equally.
The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mrs. FEINSTEIN. Madam President, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________