“Challenging,” SYRIZA characterizes her
Her proposal was released ND for the establishment of a special committee to investigate any offense of the offense of breach of duty by the former Minister of Infrastructure and Transport, Mr. Ah. Karamanlis in the case of the accident of the Temps.
A. What ND proposes:
The ND proposes the establishment of a Special Parliamentary Committee under Article 86 (3) of the Constitution to investigate any execution by the former Minister of Infrastructure and Transport K. Karamanlis of the Act of breach of duty (between September 2021 until February 2023) in terms of:
– Define a sufficient funding framework for the Railway sector, for the sake of the staffing of OSE SA with sufficient staff.
B. For former Minister of Infrastructure and Transport H. Spirtz:
ND states in its proposal that:
– Its responsibilities arise for the delay of completing the Convention 717/14.
– Any ministerial offense cannot be investigated due to the expiry of the depreciation of Article 86 (3) (3), as in force before the amendment of no. 86 p during the 2019 Constitutional Review.
– Any omissions that could be attributed to it has the time of commitment preceding the constitutional review and therefore the most stringent provisions of the current Article 86 p. The most severe provisions of the current Article 86 p.
C. How ND evaluates the documents by justice:
The ND notes that the evidence that the investigator has forwarded to Parliament without delay are the documents of the apologies and apologetic memorandums of the two executives of the Directorate of Transport and Infrastructure. The transmission without evaluation of politicians relates to the apologies and apologetic memoirs of the Ministry’s directors and not the whole case file for the case.
The study of the data forwarded by the Respondent Investigator to the House of Representatives show the following:
– The supervision of the Ministry of Infrastructure and Transport for OSE SA and ERGOSE SA is administrative and does not concern security issues for which the Railway Regulatory Authority (RAS), which is an independent authority, is responsible. It should be noted that before the tragedy of Tempi, both RAS and the European Railway Organization had issued security certificates that covered both OSE as a rail infrastructure manager and the Hellenic Train as a railway company responsible for the transportation of passenger and cargo.
– OSE is a public limited company, that is, a legal person with administrative and financial autonomy, manager of the railway infrastructure and responsible for compliance with security rules. In fact, the Directors of the Ministry claimed that even after the Tempe accident, the changes were made by OSE decision and not the Ministry. The political leadership of the Ministry of Infrastructure and Transport, according to the Apology Director of the Ministry, took actions regarding the enhancement of OSE funding and staffing to address the timing problems of inadequate funding and reduction of OSE employees.
C1. The relationship between the categories against executives and the Minister:
– The indictment against the two directors of the ministry attributes them, inter alia, that they did not take actions (eg suggestions) to the Minister for any additional measures. Correspondingly to the indictment against the President of the RAS, it is noted that he did not submit proposals to the Minister to establish additional national rules and additional measures.
– Without taking a position on these categories, we find that the investigator is making a different criminal evaluation of the omissions of the two directors and the President of the RAS from those to be investigated in relation to the relevant ministers. Since the required investigator’s recommendations to the Minister was not made, it is clear that he cannot have a corresponding criminal liability. After all, the personal nature of criminal liability and its non -transfers from bosses to subordinates and vice versa is an elemental principle of criminal law. The existence of such responsibility, especially for omissions, is judged on the basis of the duties and the fault of each. General organizational or institutional responsibility is distinguished by the responsibility of those directly managing a field of social activity.
C2. Separation of Political-Liability:
– The genuine differentiation of policy from criminal liability is required.
– The only offense that could be linked to the exercise of ministerial duties when there is no financial mismanagement or corruption and committing infidelity and bribery offenses is that of the breach of duty no. 259 BC. On the basis of this provision, any responsibility of the Minister may be checked in its actual criminal dimension, which is whether or not to infringe on his or her own duties.
– If the non -implementation of the additional security systems was born for ministers, the Ministers of Infrastructure should have been criminal accountants on a daily basis for accidents that have not been completed (Pyrgos – Patras, BOAK). Similarly, the Ministers of Health should be prosecuted for the timeless shortages of doctors or rescuers EKAB or for the insufficient logistic infrastructure of the health system etc.
C3. ‘No evidence of transactions of transport security’ – RAS and ERA certifications
In the ND proposal it is noted that:
– Studying the entire case file, and in particular the data transmitted negligently, there is no evidence that the political leadership of the Ministry of Infrastructure and Transport of the Controlled period has made acts of destruction, damage or movement of installations or transport, The rules of technical control or safe loading of transport or other, equally dangerous, for the safety of transport, as required by Article 291 CC, nor did it have intended or negligently in terms of disturbing the safety of the transport of a steady -tranquilized means of transport or in the cause of the deaths or the causes of the deaths or the deaths.
– In addition, on the day of the accident, OSE SA and Hellenic Train companies, according to the competent national and European authorities fulfilled the total conditions of safe execution of the route, during which the conflict occurred.
In particular, and:
– RAS As a National Railway Security Authority, he issued and granted to OSE SA:
(a) On 20/10/2021 security certificate with validity until 03/10/2026, which confirms that RAS. It accepts the EU security management system, in accordance with national and European law without any restriction or observation and
(b) On 31/01/2023 Certificate of YSF (Body Conservation Manager) to the OSE infrastructure manager in accordance with national and European law.
– On 06/02/2023 the European Railway Authority (European Union Agency for Railways (ERA) has issued and granted the Hellenic Train Single Security Certificate with EU1020230029 and with 5 years of validity, certifying the Safety Management System of the Railway Operation, as well as the measures by the railway business, as well as the measures taken by the railway business, as well as the measures. meet the specific requirements required by the safe operation of the relevant network, in accordance with national and European law. This certificate, issued by ERA, was in force for the transportation of passengers and cargoes.
D. Why ND proposes the establishment of a preliminary examination committee for K. Karamanlis:
The proposal is noted:
The ND, consistently in its position, does not stand in the way of justice, though it considers that the evidence of any criminal liability of K. Karamanlis is not strong, it considers that they may constitute evidence required by law to set up a special preliminary committee.
In particular:
– From the apologetic memoirs and the subsequent examination by the Larissa investigator of the same officials of the Ministry of Infrastructure and Transport, some issues that need further investigation and evaluation of the criminal point are raised.
– In particular, it appears that in September 2021 the Rail Transport Department (Department of Railway and Combined Transport) had compiled and submitted two information notes to the ministry’s political leadership (on 10 and 21/9/2021), in which it raised issues of underfunding SA.
– With these notes, the aforementioned Directorate, after exposing the years of underfunding and incomplete staffing of OSE SA, requested in particular to find additional amounts for the funding of OSE, as well as to coordinate the necessary actions for the immediate recruitment of 290 people.
– From the details of the Tempe Criminal Criminal Court, which was attached to the Larissa Investigator’s transmitter document to the House, it is not clear what actions were taken by the Minister of Infrastructure and Transport Mr. Karamanlis, which included the recipients of the two officials. OSE company SA and its immediate staffing and
– Although there are reports of two employees on the Ministry’s actions to secure additional funding and the staffing of OSE SA, there are no further details in the case file to draw a safe conclusion on these actions.
– As a result, it cannot be determined whether Mr Karamanlis exercised his duties as Minister of Infrastructure and Transport, nor whether their possible infringement was responsible.
– It is therefore necessary for the full clarification of the case to consider whether there are any evidence of the dismissal exercise of the duties of Mr. Karamanlis on the basis of the above notes of the directors. In the event that these indications are sufficient in accordance with the law, it shall be charged with the criminal prosecution of the misdemeanor of the breach of duty against OSE SA.
ND’s proposal for Karamanlis and Tempi provocative
“Challenging” characterizes ND’s proposal for Karamanlis and Tempi, SYRIZA in a statement and explains: “At first they were applauded, after rewarding him. Then, after the rallies, they try to fool Greek society, but no one is eating a purse. After Triantopoulos they want to move on to another fast track pre -trial committee, unconstitutional and illegal, with the aim of falling into the soft and Karamanlis only for a misdemeanor. “
Concluding, he emphasizes: “Society is shouting about crime and concealment and they have closed ears. The SYRIZA-Progressive Alliance insists on justice and truth and to investigate all responsibilities to those involved, no matter how high they are. Society requires oxygen, not another concealment. “