Μake us preferred on Google The surveillance case involving Greek journalist Thanasis Koukakis has been taken to the European Court of Human Rights in Strasbourg, with his legal team challenging the way Greek judicial authorities handled the investigation.
Koukakis, who was targeted by telephone surveillance, filed the application through his attorneys, Zacharias Kesses and Giorgos Stamatiadis. The complaint focuses on what his lawyers describe as the failure of Greek authorities to conduct an independent, impartial and effective investigation.
The case remains open at both the judicial and political levels.
Complaint raises fair trial concerns
A central issue in the application is the violation of the right to a fair trial, particularly the requirement of objective impartiality under Article 6(1) of the European Convention on Human Rights.
The complaint also raises violations of the right to privacy, freedom of expression, protection of journalistic sources and the right to an effective remedy.
Koukakis’ application concerns what his legal team describes as the refusal of Greek judicial authorities to independently and effectively investigate his stated dual surveillance by the National Intelligence Service (EYP) and through the Predator spyware.
Questions over prosecutor’s role
Particular attention is given to former Supreme Court Prosecutor Konstantinos Tzavellas, who was tasked with handling the relevant criminal case file.
Koukakis’ lawyers argue that Tzavellas faced an institutional conflict because, in his previous role as the supervising prosecutor for the National Intelligence Service, he had signed orders authorizing the lifting of the confidentiality of Koukakis’ communications in the summer of 2020.
According to the application, Tzavellas personally took over the large criminal case file after the Second Single-Member Misdemeanor Court of Athens issued decision BM 853/2026.
That court had convicted four people to lengthy prison terms and ordered further investigation into the case to determine whether additional offenses, including espionage, had been committed and to identify the actual beneficiaries of the illegal surveillance.
However, Koukakis’ lawyers say Tzavellas issued an order on April 27, 2026, just days after receiving the extensive case file, refusing to reopen or reconsider a case that had previously been archived by Supreme Court Deputy Prosecutor Achilleas Zisis.
They argue that Tzavellas did so despite having previously authorized the surveillance measures against Koukakis in his capacity as the intelligence service’s supervising prosecutor.
According to the complaint, Tzavellas neither voluntarily recused himself nor had a request for his removal examined. Koukakis’ lawyers argue that this made him the judicial official assessing an investigation that could have examined his own earlier official actions.
Privacy, press freedom and journalistic sources
The application also claims violations of Article 8 of the European Convention on Human Rights concerning respect for private life and Article 10 concerning freedom of expression and the protection of journalistic sources.
Koukakis’ lawyers argue that the state failed to ensure a thorough and fully independent criminal investigation that could have established the actual purpose of targeting the journalist, identified those who benefited from the use of the illegal spyware and examined possible links between the official surveillance and the use of Predator against him.
The complaint further alleges a violation of Article 13, which guarantees the right to an effective remedy.
According to the application, Greece’s domestic legal system failed to provide an effective avenue for fully reviewing the decision to archive the case through an independent body, preventing Koukakis from obtaining what his lawyers describe as access to the truth and meaningful redress for the stated violations.
Lawyers say surveillance case remains unresolved
While awaiting the European Court of Human Rights’ decision, Koukakis’ lawyers said the surveillance case cannot be considered closed while fundamental questions remain unanswered.
They pointed to unresolved issues concerning state surveillance of journalists, the use of illegal spyware, the identities of those involved and institutional responsibility for failing to investigate all aspects of the case fully.
PASOK President Nikos Androulakis has also filed an application with the European Court of Human Rights in connection with the same surveillance case.
