A political “tempest in a teapot”, a mere diversion from other, more pressing issues, a necessary move to better protect a revered site for Hellenism, or, a “discount” on freedom of assembly and free speech?

An amendment tabled by the center-right government in the latter half of October transferring jurisdiction of the Tomb of the Uknown Soldier monument and the commons in front of the memorial – which lie directly in front of the Greek Parliament – to the defense ministry sparked a passionate debate and sudden political tug-of-war.  

Moreover, the first article of the now ratified law prohibits the occupation, alteration and holding of public gatherings in the area in front of the memorial monument, located between Parliament and Vasilissis Amalias Avenue – the thoroughfare that separates the commons from Syntagma (constitution) Square. Penalties for offenders are up to a year of jail time or fines.

The amendment came immediately after a hunger strike and protest “encampment” was set up in the commons area by the father of one of the 57 victims of the Tempi two-train collision in February 2023. The latter demanded that judicial authorities allow the exhumation of his son’s body for DNA and toxicology testing. While ostensibly aimed at pressuring relevant judicial authorities to allow the exhumation, the nonstop protest – which attracted supporters and activists of other causes as well – vigorously targeted the center-right government over what critics say is its culpability in the deadly train accident and claims of a “cover-up” in its wake.

In this edition of “Explaining Greece”, Alkmini Fotiadou, a constitutional law expert and practicing Athens-based attorney specializing in human rights, administrative law, privacy and protection of personal data, broaches the question of where protection of a venerated monument begins and ends – at least in Greece - and where the, at times, blurry boundaries of freedom of assembly and free speech exist - or should exist in relation to the latter.

The amendment was ratified on Wednesday, Oct. 22, by 159 deputies in the 300-MP Parliament.

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