By Vangelis Gettos
From the murder of Topaloudis until Greek society was dramatically confronted with the rape culture, it took two whole years. Yet for justice, for the joints of a society of institutions and law where life is an inviolable good, it is as if two centuries have passed. For for two years, rape culture continued to be nurtured in the toxic humidity of a decaying judicial system.
For us, the pro-theatrical public, the unaffected crowd, the consumers of images and filtered news, two more years have passed. It was just two more years for those who, stumbling along, would not distinguish the news posts about the Topaloudis case from the available Netflix crime movies. Because until something serious happens to us, justice just means courts, judges and lawyers.
The hollow Greek formation has degraded the concept of a «justice system» into a system that merely punishes a criminal act. On the contrary, a genuine justice system is one that educates, that in marginal and critical moments takes society along with it to more advanced positions of defence against the anti-social forces that covet it. The justice system is present in and out of courtrooms, detention centres, registrars« offices and closed-door meetings. That is why it is called »the system’.
And this «present», of course, is far from the ubiquitous «present» of the Chrysochoidis doctrine (e.g. university police). I am referring to procedures that another, progressive government must establish without delay so that the dinosaurs of the judicial establishment and with them the Jurassic judicial period are overcome. Only in this way will proceedings be expedited, courtrooms decongested, accountable pedantry struck down and the dignity of the victim ensured. Therefore, only then will a complaint be encouraged that does not disappear through the digital algorithm of a social media post.
The case of Topaloudi is not only historic because of its tragic nature. It is historic because the prosecutor acted as judges ought to act, who at critical junctures in the institutional history of a country bear the responsibility to pull society forward with them, to an institutional clearing where the wounds of social depravity will be healed, even if only partially. “Let justice prevail and let the whole world perish,” the prosecutor had said in her summation that shook the walls of the judicial priesthood. And when she said «the world» she did not mean the institutions. She meant first and foremost herself. Because she knew who she was dealing with. Not just the illustrious father of the Rhodesian perpetrator.
Prosecutor Aristotle Doga helped prepare the historic decision that sent the Golden Dawn leadership to prison. She knew that she was taking on the monster, social fascism, the anthropomorphic monsters of reality shows who proclaim their intention to rape «if they don't like the chick», European polls showing that rape is almost acceptable to a 20% of the male population.
Prosecutor Doga trained. She drew us with her to the surface and declared that unceasing «presence» that justice has to assert. Malicious lawyers and politicians were annoyed by the bouquet she received from Topaloudi's family. They were not, however, disturbed by her alleged bias. They were bothered because they knew that this bouquet was being given by that part of Greek society that cannot stand to see one of the Prime Minister's closest associates fall foul of paedophilia. They were annoyed because they knew that if she got away with it, there was more to come.
This was followed by the president of the Golden Dawn court, Lpeniotis, who, in the public interest, publicly denounced, from the bench, the criminal bias of prosecutor Economou, who wanted to acquit cutthroats. They were annoyed because they feared that the courage of the two judges would illuminate the dark path for many citizens, especially women, whose forthcoming complaints might implicate many prominent people.
They were horrified that a female prosecutor passionately defended the honor of a dead woman against unscrupulous men. In the Greece of the shamari «straight line, male», such a thing remains surprising and even despite the fact that the percentage of female judges is almost 80%.
Prosecutor Doga defended popular sovereignty and the common sense of justice. Criminal law, like all areas of law, is a constellation of countervailing forces. It derives its power not from some metaphysical principle but from the people who, through their representatives, have imposed the law as a condition of coexistence. Popular sovereignty is not a laboratory constant but is transformed, evolves, progresses thanks to attitudes such as that of prosecutor Doga. On the other hand, «a sense of justice» means that in the administration of justice the «mathematics» of the criminal provisions must coexist harmoniously with the feeling, the assumption, the «positive suspicion» that the judge offers not to the goddess Themis but to his/her fellow human beings.
However, this is also the moment to underline a serious danger. When the place of the complaint is taken by a social media post without even naming the perpetrator, then the criminal law starts to become fluid, leaving judges like the aforementioned prosecutor without tools. I am well aware that naming a sexual abuser requires processes that are almost superhuman. I also recognize that disclosing a horrific experience even through a posting, no matter how much time has passed in the interim, can offer the victim some redemption.
In the US, however, the #metoo tsunami became a punch line in American stand ups precisely because it was transformed by the media system from a criminal phenomenon of mass complaints (which did not happen) into a communication phenomenon of finite topicality. For the times favour the instant consumption of even the most abhorrent personal experiences. And a serious justice system, or even enlightened prosecutors, individually, ought to turn this phenomenon into a promotional process for society. That is, they ought to look where no one «invited» them. They ought to turn the Facebook post into an investigative process. And convince them that it's worth it. That «where to get in trouble now...» needs to be put in the institutional dustbin.
The experience of those who have worked supporting victims of sexual abuse, including this writer, is that if you suspect, you do not wait lazily for the victim but provide a safe space for them to express themselves and report, i.e. to name them. If the Greek justice system does not do this, let us not expect any NGO or victims' association to do it. Not because they do not do it - and with passion and dedication - but because it is not institutionally enough.
That's what «justice system» means. One only has to look at the models of countries like Iceland and Sweden where the former horrific figures of rape and abuse were not only dealt with by handcuffs but by a constant presence of the authorities everywhere: in schools, on social media, in the workplace, in universities. It is justice in the broad sense - judges and trained police officers - who must inform young people and young people, encourage recourse to the authorities and not to a digital profile. I also disagree that only boys should be educated on these issues to combat rape culture, as has been heard recently. And girls need to learn at some point that society is with them.
This is the moment to put a brake on one of the most frightening aspects of the social decline of Greek society. So let's put the brakes on “and let the world go to hell’.
