DJ6SI Arrested in Greece for operating Ham Radio

DJ6SI Baldur Drobnica was arrested in Greece for operating Ham Radio.

World traveler and DXpeditioner DJ6SI, Baldur Drobnica, and his XYL Christa DL6KCD, were on holiday on the Greek Kos Island in the Dodecanese Islands (SV5) for a week in late May. On May 24th Baldur began his casual Amateur Radio activity as SV5/DJ6SI. On the evening of May 27th Greek authorities, who were unfamiliar with Amateur Radio, arrested Baldur charging him with espionage. Baldur has been on close to 100 DXpeditions from some of the rarest locations within Africa and the Pacific, including the April 1983 ill-fated Spratly Islands DXpedition http://www.dokufunk.org/amateur_radio/dxcc_entities/index.php?CID=7925&lang=EN&ID=8919&PHPSESSID=3697ec7175f5295eff2a578ce3c25e79 The news broke yesterday on the SV2DCD Blog http://sv2dcd.blogspot.de/2012/05/what-shame-for-greek- authorities.html, which contains a video of Baldur, his lawyer Michael Kostoglou and Christa. Baldur and Christa are now safely back home in Germany. One of his first things scheduled was to see a doctor about his broken fingers. Baldur is scheduled to go to trial on June 7th, although it is highly unlikely he will be going back to Greece but will rather go before the European courts. Many Greek Amateur Radio operators are outraged by the treatment of the Drobnica couple, as much attention has been given to promoting Greece as a wonderful place to go to and vacation and operate Amateur Radio. That reputation has now been tainted.

I booked a holiday trip break of one week on the island of Kos in Greece in May this year. I took a HF station with me to give some DXers new band points or even a new country. I could install a G5RV with the permission of the hotel management.

After three days, at 01 in the morning, my XYL DL6KCD and I were woken up by an attorney and five police officers in civilian clothes. My wife is suffering from Alzheimer and has three bypasses. I was accused of conducting radio communications without a Greek radio license. The second accusation was that I could also watch other frequencies with my transceiver, a FT-890AT. My objection was rejected that I operate legally on base of the CEPT regulations. The hotel manager printed the CEPT list which is available on the website of the DARC and handed the printout out to the attorney. The paper was ignored, folded and put into the pocket. My transceiver was confiscated together with the power supply and the headphones with the remark that it had to be checked by a specialist. They also tried to confiscate my notebook which I tried to defeat because the notebook was not related to the transceiver that had to be checked. Two mobile phones, cameras and the log book were also confiscated; we were handcuffed and taken to the police station. The handcuffs were so tight that they cut into my flesh and draw blood.

I was taken to a hospital where the wound my on hand was treated. In absence of a prison cell, the police wanted to put me into a drunk tank but the attending physician declined that. So I had to spend four hours at the police station sitting on a chair. My hint that I had to see my un-oriented wife was rejected by saying that she is enclosed in the (hotel?) room and being closely guarded from outside. After long discussions I was then escorted by two police officers to visit my wife at the hotel, medicate and dress her. Personal care and showering, was rejected. Back at the police station a protocol was created.

Then we were driven to the courthouse. It was now 11AM. I was photographed and fingerprinted in the courtyard of the courthouse. Then we waited again until 4PM under police protection, when I was presented to the attorney who explained me the charges in a two- minute talk: transmitting without permission, having a radio with frequencies other than intended for amateur radio operators and the hindrance in handing out my notebook.

I was commissioned to the court for the next day at 12:00. I had to wait until 16:00 until a judge and an attorney came. The judge told me that he had no translator and appointed a new proceeding for the next day at 12:00. When I objected that we had to fly back the next day, he explained: “this is your problem”. Finished.

I called the German Embassy in Athens on the morning of the next day and got the notification of the German-speaking lawyer on Kos. We met an hour before the opening hearing. My luck was that he was once interested in amateur radio. I handed him the documents that were kindly printed out by the hotel management had kindly printed for me: CEPT regulations of the DARC and this also in Greek language. The hearing was very noisy and the objection of the attorney, he would turn to the European Court, the judge adjourned the hearing, let me go back to Germany and decreed that the lawyer could attend the next hearing alone.

My wife and I had not taken any food for sixteen hours; it was not even offered us. I had no way to sleep for 34 hours. All this as a consequence of an anonymous tip that I had been working without authorization and that I could hear other transmitters. The prosecution referred to a charge on a law dating back to the year 1929!

I was acquitted of the first charge concerning amateur radio in the second court date. I was however punished with 5 months of prison with three years of probation for the refusal of handing out my notebook and the attempt to make it unusable.

Baldur Drobnika, DJ6SI, stated that "I wasn't charged with espionage. As a reason of my arrest it was stated that:
1. I performed radio traffic without the approval of the Greek authorities;
2. I owned transmitting equipment which enabled the reception of other
frequencies;
To the accusation was later added an other point: I hindered the visualiza-
tion of the content of my notebook."

Kostas, SV1DPI, also reported an update on June 9th, stating [edited]: "According to the RAAG's site, the Court decided yesterday (June 8th) that Baldur is innocent for the first accuse (operating his rig). According to the Court for the 2nd accuse (destroy of his computer and possible evidence of his activity), he was guilty. This second case will be examined again in the future, and I hope they get the right decision in the future. Baldur was, of course, in Germany (he left after the first judge) and only his lawyer was at the Court. My opinion is that what happened was by mistake in an island (Kos) very close to Turkey (the 2 coasts are only some meters far) where the Authorities were too suspicious... When Greek or foreign hams ask for special calls from the Islands which are too close to our borders, the Navy has been asked for approval. If Greece would like to have this policy for some of the islands, it should have signed the CEPT with the exception of these islands but we didn't. So everyone should have better knowledge of the laws and stop asking these papers in general because it has no sense. But unfortunately it seems that we have more important things to do during this time frame... All SV hams, we ask from Baldur to forgive our country for the bad behavior..."

SV5BYR, Mike, has an interesting post on the DJ6SI situation at http://sv5byr.blogspot.gr/2012/06/some-infos-about-dj6si-story-update.html .

SV5BYR, Mike, has updated his blog on the recent DJ6SI supposed spy
case at http://sv5byr.blogspot.gr/2012/06/sv5dj6si-court-decision.html .

And the Greek Website RadioFono has published a story at http://www.radiofono.gr/node/3251 .

The latest we have on DJ6SI’s case is that the Greek court has decided Baldur is innocent of a charge of “illegal establishment [of] telegraph,” but guilty of destroying his computer and “possible evidence of his activity,” “attempted destruction of evidence seizure.” The guilty verdict and underlying charges will be reexamined by another court. Baldur was able to leave Greece after the first charge acquittal but an attorney, Michael Kohn Kostoglou, continues to represent him in the on-going matters in Greece.

A new prosecutor assigned to the case apparently applied a law dating from 1929. A five-month jail sentence on the second charge was suspended.

Greek hams are asking Baldur and others to forgive their government for these embarrassing mistakes. Kostas says Greek hams in the region mobilized when they first heard of the problems, providing assistance to Baldur to solve the matter. Greece, especially the rarer DXCC entities SV5 and SV9, are popular vacation destinations for Europeans and to some extent North Americans, particularly hams wanting to get on the air from a rarer spot, of course.

Final comments by RAAG, Radio Amateur Assn. for Greece (thanks Manos SV1IW):
Baldur Drobnika DJ6SI, a German amateur radio operator visiting the island of Kos, Dodecanese, was arrested a few days ago in the middle of the night in his room at a hotel in the village of Mastichari. Initially he was led to the court according to the proceedings referring to flagrant offenses, on two charges, operating an illegal telegraphy office (based on a law dated from 1929) and attempting illegally to destroy evidence of seizure. He was finally allowed to leave for Germany and was henceforth represented by his lawyer M. Kostoglou. On many blogs there was information that Baldur was also accused of espionage, but this is not true and belongs to the realm of fantasy.

As soon as we were informed of the incident by local Greek radio amateurs, RAAG contacted Baldur’s lawyer, at first represented by our president and then our lawyer; the latter provided Baldur’s lawyer with all necessary legislation for radio amateurs in Greece. We also spoke with him personally and offered any help he might need. Baldur responded immediately giving us more details and thanking us for the moral support and interest.

On 8/6/2012 at court, Baldur was found innocent of the first of two charges by the Greek court, but he was found guilty of the second charge, “the attempt to destroy evidence of seizure”, and he was given a five-month suspended prison sentence. The decision is appealable.

We express our sympathy to Baldur and are at his disposal for any further assistance. We would also like to point out that this was a single unfortunate incident and should not be used to characterize a whole country. Every year thousands of tourists come to Greece, among them hundreds of radio amateurs, who have never faced any problem operating their equipment, and have a great time here. Nevertheless, we have already contacted the Heads of the Greek Police and the Prosecutor’s Office, and provided them with all necessary information, so that a similar incident should be avoided in the future.

Info from Ohio/Penn DX Bulletin, The Daily DX, SV5BYR, DJ6SI, various news sources