In recent days, a legal controversy has unfolded in Greece, revolving around the release of individuals involved in what is being called the Rhodes Urban Planning Scheme, a large-scale corruption operation tied to bribery and illegal building permits.

This scandal has caused a rift within Greece’s judicial community, with the President of the Supreme Court, Ioanna Klapa, calling for a disciplinary review of the judicial officers involved in the case. This in turn has sparked strong reactions from the Association of Judges and Prosecutors (ENDE), the Association of Prosecutors of Greece (EEE), and other legal organizations who have decried a lack of judicial independence, and overextended oversight by the Supreme Court.

Background on the Rhodes Urban Planning Scheme

The Rhodes Urban Planning scandal centers around a group of officials and private contractors accused of bribery and issuing illegal building permits on the island of Rhodes. The scheme involved the manipulation of building permit processes, particularly by urban planning department employees, including the head of the department, architects, engineers, and civil servants, who facilitated permits for businesses that did not meet the legal requirements. The permits were often for properties that were not eligible for construction due to zoning laws or other restrictions, with permits altered or forged to bypass these regulations.

Notably, some of the permits were issued using outdated or falsified documentation, including the signature of a retired engineer allegedly with dementia. The bribes for facilitating these illegal activities ranged from €20,000 to €50,000, with the scale of the operation covering several businesses, including high-profile hotel owners. The defendants’ actions were conducted through coded communication, including terms like “lettuce” and “grease” for money, and “the cousin” for the deputy director.

Rhodes is a popular tourist destination, with 3.5 million visitors visiting the island between January and September 2024 alone. To accommodate and entertain the burgeoning influx of tourists, the island has seen significant construction activity in recent years. In fact, in 2023, Rhodes ranked among the top five municipalities in Greece for the number of building permits issued.

The Controversial Release of Defendants

The Rhodes scandal case took a pivotal turn when the investigative authorities and the prosecutor decided to release the defendants charged with participating in the urban planning scheme under restrictive conditions, rather than ordering their pre-trial detention. The decision to release these defendants was based on an assessment that there was no immediate risk of flight or re-offending. Each defendant was subjected to various conditions, such as bans on leaving the country and monetary guarantees ranging from €20,000 to €100,000.

This decision, however, sparked significant debate. On Tuesday, the President of the Supreme Court, Ioanna Klapa, ordered a disciplinary review of the judicial officers involved in the decision to release the defendants, citing concerns about the handling of the case. Klapa’s order was directed to Asimina Ifanti, President of the Three-Member Inspection Council of Judicial Officers, and it emphasized the gravity of the charges and the seriousness of the evidence against those involved in the scheme.

Reactions from Legal Associations

The President’s order for a disciplinary review quickly triggered strong reactions from both the Association of Judges and Prosecutors (ENDE) and the Association of Prosecutors of Greece (EEE). Both organizations issued statements defending the judicial officers’ decisions, arguing that the release of the defendants was in accordance with the law and did not constitute a disciplinary offense.

ENDE’s Defense of Judicial Independence

ENDE emphasized the importance of judicial independence and argued that the decision to release the defendants was a matter of individual judgment based on the specifics of the case. The association invoked the Constitution, the Universal Charter of Judges, and the Code of Organization of Courts and Status of Judicial Officers, noting that judicial officers are entitled to exercise their judgment without the fear of facing disciplinary action for their decisions. 

Moreover, ENDE criticized the intervention by the President of the Supreme Court as an overreach, asserting that such actions undermined the autonomy of the judiciary and risked sending a message that judicial independence was being compromised.

EEE’s Warning Against Undermining Judicial Independence

The Greek Prosecutors’ Association (EEE) also strongly objected to the disciplinary control order, arguing that it violated the constitutionally guaranteed functional and personal independence of judicial officers. 

EEE’s statement emphasized that any judicial decision, including those related to the release of defendants or the imposition of procedural measures, should be free from external influence or interference. The association stressed that disciplinary control should not be used as a tool to challenge judicial decisions, as it could lead to the erosion of trust in the justice system and weaken the rule of law.

The Role of the Supreme Court and Judicial Oversight

The President of the Supreme Court, in response to the growing backlash, issued a statement clarifying the rationale behind her order for a disciplinary review. Klapa emphasized that the order was within her duties to supervise civil and criminal courts in Greece and ensure the effective administration of justice. 

She also stressed that while judicial officers have the right to make independent decisions, their actions must remain within the bounds of the law. The statement further stated that the disciplinary review was not meant to undermine judicial independence but rather to assess whether the officers’ decisions were in accordance with legal and procedural standards.

The Legal Community’s Collective Stand

In addition to the responses from ENDE and EEE, the Coordinating Committee of the Plenary Session of the Presidents of the Greek Bar Associations also weighed in on the matter. The Bar Associations condemned the Supreme Court’s intervention and warned that such actions erode the credibility of the judiciary.

 The Bar Associations pointed to repeated interference by the Supreme Court leadership in judicial matters, which they argued threatened the independence and integrity of the judiciary.