Within the day, he expects the confirmation that he has been released on condition from Domoko prisons, the convicted leader of the criminal organization, Golden Dawn, Nikos Michaloliakos.
The convicted Golden Dawn leader was not in prison, as he has recently been in a rehabilitation center due to health problems he has claimed to have suffered. Michaloliakos was admitted from Domoko prisons in March 2022 to ICU due to covid and was hospitalized for several days. He was then transferred to a rehabilitation center in Agioi Anargyros from where he now made his way to his home.
Where was the decision of the judicial council based?
The conditional release of the 67-year-old, sentenced to 13 years in prison as the leader of the Nazi formation, from prison, was decided by the Judicial Council of Lamia based on the validity of the Criminal Code of 1950, which was sanctioned in the municipality by Presidential Decree 283/1985 and was abolished in July 2019.
For the dismissal of Michaloliakos, the judges took into account the provisions of article 105 and the calculation of the sentence, which determined for conditional dismissal, which for cases of temporary imprisonment was set at 3/5 of the sentence. The judges also took into account the retroactive provisions of the milder law.
The law that was taken into account by the judicial council states that in cases of temporary imprisonment, as in this case, the prisoner can request his release if he has served 3/5 of his sentence, while additional benefits are also defined in cases of health and hospitalization issues . In paragraph 6 it is defined that “for the granting of the condition of dismissal, the sentence imposed is considered to be the one calculated beneficially in accordance with the applicable provisions. In the case of prison sentences, conditional release cannot be granted to the convict, if he has not remained in the penitentiary for a period of time equal to one third of the sentence imposed on him”.
Paragraph 2 of the article states, among other things, that: “After the convict reaches the sixty-fifth (65th) year of age, each day of his stay in a penitentiary is beneficially counted as two (2) days of the sentence. If the convict works, each day of work is counted as an additional half day of the sentence. If other provisions result in a more favorable calculation for these convicts, they shall be applied”.
The Lamia council took into account the following data:
Nikos Michaloliakos was sentenced to 13 years in prison on October 22, 2020. His temporary detention for the criminal organization case began on September 28, 2013, a few days after the murder of Pavlos Fyssas, and ended with the lifting of pretrial detention on March 20, 2015. having completed 18 months.
The actual serving of the sentence is completed on April 30, 2032.
1/3 of the sentence was completed on August 30, 2023.
The Judicial Council calculated that Michaloliakos, who has been hospitalized for many months, has a real sentence of 4 years, 9 months and 8 days until the retirement of the parliament. To this is added the 18 months of detention as well as the fictitious construction, due to age, which was determined at 3 years and 25 days.
It should be noted that against the council that granted the conditional dismissal, the public prosecutor has the possibility to appeal, within a certain number of days.
The judges did not accept the prosecutor’s position that the 67-year-old convict has not repented and that he should not be released in order to prevent the possibility of committing new crimes.
Fyssa Family: Maximum insult to victims
In their statement, the lawyers of the Fyssa family speak of maximum insult to the victims of Golden Dawn.
The full announcement reads as follows:
“The release from prison using the beneficial sentencing provisions of the neo-Nazi leader of the criminal organization which “killed” Greek society and democracy by systematically committing felony and misdemeanor criminal acts, constitutes a maximum insult to the victims of Golden Dawn and their families as well as to the whole of Greek society.
It is a given that the person in question convicted of running a criminal organization has not shown any trace of remorse since his conviction until today. It is also a given that the criminal activity of the neo-Nazi criminal began in the distant 1978 and continued for 35 years until we reached the murder of Paul, which led to his arrest.
It is surprising, therefore, that such an unrepentant neo-Nazi criminal with a leading criminal activity, who a few hours after his first-trial conviction declared “proud of my Ideas, for which I fought from the age of 15, from 1972, for a whole 48 years…” and whose Nazi ideas, according to the reasoning of the judgment of the Tripartite Court of Appeal, were the motivation for the criminal action of A.A. against those it considered dissidents, its political and ideological opponents and immigrants, it was judged by the Greek justice system as not suspected of committing new criminal acts.
While the appellate court proceedings continue and the victims of A.A. fight for their vindication, the said will of the judicial council challenges and tests their endurance. We expect the highest prosecutorial authorities of the State to properly do what is procedurally possible and challenge the release of Nikos Michaloliakos, in view of the rejection proposal of the prosecutor to the council, which was not accepted.
May 2024
Theodoris Theodoropoulos
Chrysa Papadopoulou
Eleftheria Tombatzoglou
Marina Daliani
Argyris Syrigos”
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