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To the Prosecutor of the International Criminal Court –
Posted on December 3, 2012
REPORT / REQUEST
1. Georgios Tragkas son of Ioannis, resident of Attika, Korinthou
street and Tatoiou avenue, Metamorfosi, ZIP code 14451 2. Dimitrios
Konstantaras son of Lampros, Greek national, resident of Attika,
Korinthou street and Tatoiou avenue, Metamorfosi, ZIP code 14451 3.
Panagiotis Tzenos son of Ioannis, Greek national, resident of Attika,
Korinthou street and Tatoiou avenue, Metamorfosi, ZIP code 14451 4.
Antonios Prekas son of Michail, Greek national, resident of Attika,
Korinthou street and Tatoiou avenue, Metamorfosi, ZIP code 14451
FOR THE INITIATION OF A PROPRIO MOTU INVESTIGATIONAGAINST
In the last three years Greece has been transmuted systematically,
with plan, and absolute intention into a “guinea pig” of the dominant
financial elite, for a fiscally disciplined Europe. In reality what took
place within the territory of Greece during the last years resulted in
the outbreak of a humanitarian crisis that has long gone out of every
control, immediately threatening our national existence.
The leaders of the most creditworthy European countries with Germany
at the head, in cooperation with the European Commission and the
International Monetary Fund, have systematically engaged in the
imposition of burdensome terms on the greek society, contravening
constitutional and international legitimacy. Applying a strategy of
terror and blackmail against the greek public opinion (with threats
regarding even the exit from the European Union and the Eurozone) the
abettors and perpetrators of this humanitarian crisis, aim at
substituting sovereignty with the right of the economic conqueror.
At the same time through coordinated statements of high-rank Greek
and European officials, together with the cooperation of large
international Media groups, the country and its citizens are been
demonized, slandered and depicted ostensibly as responsible yet even for
the possibility of a global economic collapse, with methods resembling
those of slandering of Jews during the second World War.
There are facts proving that Greece is the victim of a plan of social
and economical genocide. The practices and methods used for the success
of this plan are similar to the description of the UN Convention for
the Prevention and Punishment of the Crime of Genocide (“The objectives
of such a plan would be disintegration of the political and social
institutions, of culture, language, national feelings, religion, and the
economic existence of national groups, and the destruction of the
personal security, liberty, health, dignity, and even the lives of the
individuals belonging to such groups”).
Taking as a starting the prescripts of the Greek Constitution, as
well as the need to defend our human rights, that are constantly
violated, in a manner that we, together with our co-patriots, are
becoming victims of a serious, constant and ever aggravating attack
against our human dignity, as well as victims of numerous cruel acts
that deliberately cause great damage upon our prosperity and fundamental
freedoms, we want to report to you the serial and repeated offences
committed by the head of the IMF, the European Commission and the
European Central Bank, which constitute the infamous “troika”.
We, the petioners, Greek nationals, appeal to you requesting the
initiation of propriu motu investigation according to article 15 par. 1
of the Rome Statute of the International Criminal Court, on the basis of
the following statement of facts.
I.
Statement of facts:
1. Vertical drop of GDP
The Greek economy is trapped in a state of deep recession which
results in the dramatic decrease of our national wealth and the gross
domestic product. According to Hellenic Statistical Authority data the
GDP in 2012 was reduced 6,5% following the 8% drop during the first
trimester last year and following the total 6,95% drop in
2011. This decrease means that cumulative our GDP has already fallen
about 16% compared to its pre-crisis peak and continues to collapse. The
numbers are shocking. Never before has the Greek GDP fallen during the
last sixty years. It is reminded that the argentinian GDP was reduced
20% at the crisis nadir. Yet given that the troika forecasts that the
greek GDP diminution will continue in 2012 and 2013, with a total
shrinkage within these two years of about 5-6%, it is obvious that soon
Greece, though “saved”, will suffer a bigger GDP reduction compared to
the bankrupt Argentina!
2. Rapid unemployment boom
The unemployment rates reached 21,9% in March 2012, against 15,7% in
March 2011 and 21,4% in February 2012. According to the Hellenic
Statistical Authority the number of employed in March 2012 is estimated
at 3.843.905 people, unemployed at 1.075.081 and the inactive population
at 3.372.144. The employed reduced by 342.134 persons compared to March
2011 (8,2% reduction), and by 24.996 persons compared to February 2012.
The age group that has the greater unemployment rates is the 15-24
group (52,8%), followed by the 25-34 group (29,8%). The economical
inactive part of the population, meaning people not employed and not
seeking to be employed, has been increased by 38.751 persons compared to
March 2011 (increase 1,2%) and by 5.350 persons compared to February
2012 (increase 0,2%).
3. Dramatic impoverishment of the population
Poverty threatens 3 million Greeks- The situation is worse only in 5 countries of the former eastern bloc.
According to Hellenic Statistical Authority data 27,7% of the
population find themselves in serious trouble. In particular, 3.031.000
Greeks were threatened by poverty and social exclusion two years ago,
meaning before the aggravation of recession and the unemployment boom.
This is the largest percent within the Eurozone, as estimated according
to the three Eurostat criteria, which are used in order to evaluate
whether a person is at risk by poverty. In total higher rates within the
European Union of 27 member-states are recorded only in countries of
the former eastern bloc (Bulgaria 41,6%, Romania 41,1%, Poland 27,5%,
Latvia 38,1%, Lithuania 33,4%). In regard to income 20,1% of Greeks had a
lesser than 60% of the average national income, while only the Spanish
(20,7%) are in a worse state within the Eurozone, and only the Latvians
(20,2%), Romanians (21,1%), Bulgarians (20,7%) outside of it. 11,6% of
the Greeks are facing difficulties paying their bills and rents.
-In a critical state
One out of three Greeks marginally covers his basic necessities- food
and housing- and yet even in the case where a sum is spared, it is
spent not for the purchase of goods/services but for the repaying of
loans and cards. According to a Nielsen study Greek consumers are listed
among the most pessimistic in Europe.
4. Increasing inability to access healthcare and medicaments.
The inability of the Greeks to access medicaments “is assuming the
dimensions of a humanitarian crisis” as the Medical Society of Athens
warns in a report sent to the UN.
In its report the Society underlines that “thousands of patients find
themselves in the dramatic situation, in view of the inability of the
hospitals to cover their healthcare needs and the pharmacists’ denial
–due to suspension of payments- to minister medicaments to the insured
of the public insurance funds”.
It is furthermore stressed that “a debt-crisis suddenly turned into a
humanitarian crisis, that cannot and should not leave anyone
indifferent, but also should not be sealed with the loss of human life”
and it is added that “the inefficient handling from the side of the
responsible authorities, the lack of provision in local, and
additionally the lack of understanding in a European level, regarding
the sensitive field of medication, endanger human lives”.
The behavior of Greeks regarding medication in middle of the economiccrisis.
According to a study carried out by the Office for the educational
coordination of trainees in general-family medicine of university
general hospital of Patras, the economic crisis has affected in various
ways the life of modern Greeks. 70,3% of the participants state that its
monthly income is inadequate for the purchase of the necessary
medication, thus resulting that 89,7% is facing difficulties buying it.
55,4% of the sample did not receive the medication or omitted a dose due
to economic weakness. 1/3 of the sample requested that the doctor
prescribes a cheaper medicament. 73,8% would accept a prescription of an
equally efficient but cheaper medicament, while 36,4% think that the
cheaper medicament is not equally effective. It is remarkable that 79%
consider that the weakness to receive the proper medication is connected
to high rates of stress, anxiety, depression and sleeping disorders.
5.Tragic situation in hospitals due to serious shortage in basic items
Serious shortages of disposable materials are observed in hospitals
in Attica and the Country. The doctors of the National Healthcare System
clarify that the biggest problems appear in the excessively indebted
hospitals, which are supplied by the dropper. Indicative of situation is
the decision of the Attikon hospital administration to suspend the
operation of Cardio Clinic.
In AHEPA hospital, after the shutting down of the Cardio clinic,
through which the appointments were scheduled for the patient having to
undergo a cardiogram or stent placement, the Vascular clinic was also
shut down since the materials used are expensive and there are money for
their purchase. Problems are expected to arise also in the
Opthalmological Clinic due to shortage of Phakic Refractive Lenses.
The administration of AHEPA hospital filed a report against those
responsible in the District Prosecutor of Thessaloniki regarding the
shortage. The Prosecutor Ioanna Katsi ordered a preliminary examination,
in order to determine if the crime of exposure to danger and omission
to prevent common danger is committed via the suspension of supplies of
disposable materials.
In Chios island the patients’ relatives are forced to buy on their
own catheters or plaster, while the same happens in Serres and Larissa,
where the patients are daily fed with chicken, as there are no money to
buy fish or veal.
In Thessaloniki two blood donors clubs gave money in order to supply
the Hippocrateion Blood Donor Center with blood utricles. Moreover,
transplantations have been stopped hence the collected 800 blood
utricles cannot be controlled due to shortage of reagents.
In Rhodes according to surgeon Vasilis Kinou the waiting period for
the surgery reaches a full semester, and one year in the Orthopedics
clinic, again due to shortage of material and personnel.
6. Patients suffering from cancer and other serious illnesses withoutmedication
Lack of money in healthcare as a problem is assuming large
dimensions. Besides the suppliers embargo on hospitals, the
administration of medication has ceased for the insured, even for the
seriously ill, like cancer-patients for instance. Pharmacists, drug
stores and pharmaceuticals no longer provide the needed medication due
to the large debts of the National Healthcare Organization, thus
endangering human lives.
23 associations of cancer patients and volunteers addressed a letter
demanding that public authorities and politicians assume their
responsibilities. The letter, which is acquainted to the Ministries of
Health and Finance as well as to the leaders of all political parties,
describes the dramatic moments of cancer-patients. Specifically it is
mentioned:
We, the associations of cancer patients and volunteers signing this
letter, we address you in a last effort to make the urgent situation
that threatens not only the dignity but also the course of the disease
and the life of cancer patients, understood, which is created on account
of the discontinuation of medication distribution, that they need and
are entitled to.
The cries of agony that reached the Media cannot at its least depict
the despair and deadlock to which cancer patients and other seriously
ill are daily led . The discontinuance of the on credit
medicine-administration, is forcing cancer patients to interrupt their
treatment, since they cannot cover the high costs of medicaments,
relying on “god knows when” regarding reimbursement from the insurance
organizations.
It should also be taken into account that unpaid bills for disposable
materials (oxygen, catheters, urine collectors, tracheal tubes etc),
which cancer patients have paid submitting the relevant receipts to the
insurance organization, are pending for more than 6 months. So far no
provision has been made for their payment, thus resulting in the
financial asphyxiation of patients and their families. All the above
mentioned constitute a threat for the lives of cancer patients and are
assuming the dimensions of a humanitarian crisis, whose confrontation is
according to the Constitution imperative.
7.Three suicides every 2 days in Greece
Suicides all over the country, completed or at attempted, have met a
dramatic increase from 2009 to 2011. Thessaloniki and Thessalia have the
sad precedence. One person commits suicide every two days in Attika.
Former minister Chr.Papoutsis has submitted shocking data about the
number of suicides and attempts of such, that depict the huge social
deadlocks caused by the economic crisis. According to these data
suicides and such attempts from the beginning of 2009 till the 10th December
2011 have reached 1.727, with all the indicators pointing at a
significant upward tendency from 2009 to 2010, while the country marched
deeper into the eye of the cyclone. The increase of suicides is
observed mostly in 2010 compared to 2009, given that -according to data
from 14 peripheries- in 2009 there were 507, in 2010 they reached 622
and 598 in 2011. Psychiatrists emphasize that one suicide corresponds to
20 to 25 attempts. The increase of suicides in Greece is most notable
in the 45-65 age group, but also among young people that have just
completed their studies and find themselves before the “now what”
question.
8. Reports for collapse of students due to hunger!
The congress of the Panhellenic Association of Private and Public
School Canteens in cooperation with the Union of Public Schools Rent
Canteens in Attika Prefecture, on the topic “The role of the Canteen in
times of crisis” depicted a grim reality. One of the most dramatic
features that the financial crisis gave birth to, is the issue of
children malnourishment which threatens a number of areas in Greece,
with children deprived of primary articles on account of high
unemployment or/and low living standard. Many congress speakers
underlined that “There is no State, there is no political will”, given
that despite the existence of special European funds aimed at providing
meals, fruits, vegetables, dairy products, these are not absorbed. The
State is absent, watching apathetically students been malnourished and
passing out before they eyes of co-students and teachers.
9. Shutdown epidemic in business
The ratio of closed to open businesses has had an increase of about
30% compared to last year, according to a National Co-Association of
Greek Commerce survey. As stated in the new survey-registry of closed
businesses “we can refer to a shut down epidemic in the market, which
continued and increases like an infectious disease”. In Attika the ratio
of closed to open businesses is 25,6%, meaning that 2.374 businesses
have been closed in a total of 9.275. The situation in the centre of
Athens remains critical and even worse compared to last semester, as the
ratio of closed businesses reached 29,6%, from 24,4% of August 2011 and
23,4% of March 2011. More critical seems to be the situation in Stadiou
street (an Athenian main street) where the highest ratio is recorded
with about 42% last semester it reached a 31,5%, one year ago a 33,8%,
while in Trikoupi street the ratio reaches a 33,8%. Businesses shutting
down as a result of lack of cash-flow in the market. Asphyxiation in the
market according to an ICAP survey.
Credit provisions to companies are reduced, increasing the
asphyxiation in the greek market due to lack of cash-flow according to
an ICAP survey. The survey took place as part of the Trade Exchange
network launching and aims at helping businesses protect themselves from
credit-related dangers. The survey (5-25 April), which included 445
financial directors of the most important businesses of all sectors,
indicates a rapid increase of insecurities (bad debt). 69,2% of the
businesses confirmed a rapid increase of insecurities, 45,5% reduced the
credit period as opposed to just 24,3% which increased credit period,
which shows that in general credit conditions are becoming more
restrictive with regard to their sales. They even prefer canceling a
sale when clients are unable to comply with their credit policy. A 74%
of businesses set as a priority the protection of their viability
compared to a 22,4% which set growth as main goal. Moreover, it was also
accrued that 43% of companies have reduced their investment related
activities, while a small 22% have increased them, a result that is
definitely affected by the financing needs.
10.Abysmal conditions in prisons
The situation in the greek prison system is also abysmal with the
largest congestion within the EU and an occupancy rate at 129,6%!
According to EU statistics there were 11.547 imprisoned people in greek
prisons during 2009-2010. From them 27,4 remain a custodial imprisonment
and the rest are convicts and minors at a 4,4%.
The alarming picture observed today with regard to the imprisonment
conditions, especially congestion, the increase of prison population,
increase of number of foreign detainees, high percent of people under
custody, the existence of prisoners with mental and psychological
disorders, and the increased numbers of deaths and suicides, is
underlined in the text of the Green Bible for the implementation of
European union law in the field of imprisonment, which was published by
the European Commission on June 2011. From that Green Bible data, it is
accrued that prison congestion is a serious problem in 13 state-members,
with the higher congestion rates observed in Bulgaria, Italy, Cyprus,
Spain and Greece. Especially for Greece based on 2009-2010 data the
occupancy reached a 129,6%.
Hundreds of arrests from the Financial Police.
510 citizens arrested throughout the country have a debt reaching one
billion euro. From the moment that Financial Police started operating,
in order to trace statedebtors, 450 men and the rest women have been
arrested, while the majority of 98% are Greek citizens. Moreover the
majority of arrests (300) took place in Attika and Thessaloniki.
11. 7 out 10 young Greeks consider migrating.
In the last years in Greece a phenomenon forgotten for decades has
been rekindled and climaxes dangerously, namely the fact that thousands
of Greeks are migrating in search of a better luck. Greece, that in the
post war era was an immigrant exporting country, turned after 1990 into a
country of reception, and yet now in the IMF era it is turned again
into a country that exports immigrants.
Analysing the reasons (unemployment, collapse and impoverishment of
Hellenic economy, total sale out of the country) that feed this
phenomenon is at this point redundant. In this situation of total
dead-end thousands of young –especially- people are ready to flee the
country.
76% of Greeks believe that migration represents an ideal solution for
the confrontation of the economic crisis, while 70% state that it is
better when young people leave Greece, and believe that they cannot
contribute to a better society by staying. These are the results of a
Focus Bari survey on the subject “economic crisis through the eyes of 20
year olds” which emphasizes the migrating phenomenon that stems from
the crisis.
12. Crisis reduces the life expectancy of Greeks.
Experts anticipate a rapid increase of cardio-related diseases due to
the economic crisis. According to scientists the close relation between
crisis and cardio diseases has been proven repeatedly in other
countries, and now the “experiment” is in progress in Greece, with
Greeks participating involuntarily and paying it with their health.
As exhibited at the 27th International Convention for Clinical
Cardiology, it is recorded that cardio-related diseases have
significantly been increased in countries struck by crisis.
Unemployment, despair and frustration have contributed decisively in the
rapid increase of heart attacks and strokes in Greece as cardiologists
estimate, who also underline that many patients give their treatment up
or delay visiting their doctor because they cannot respond to the costs
(visit and medication). Strokes and heart-strokes in Greece “reap” as a
result of economic crisis, impressive increase of unemployment, closing
down of thousands of businesses and the citizens’ inability to pay bills
and taxes, so the president of Hellenic College of Cardiology and
Professor of Cardiology in University of Athens Dr.Ioannis Lekakis.
The scientists on the occasion of the 8th Annual International
Convention of Cardiology explained that also depression causes a
quadruplication of heart attacks and geminates strokes, which appear in a
large percent of the greek population. They also stressed that a severe
problem, which was recently recorded, refers to the inability of many
patients to receive proper medication, due to the needed –financial-
participation in the expenses. This fact will cause great damage in the
health of many, with unforeseeable and very dangerous consequences.
13. Crisis and mental diseases
The consequences of crisis are also dramatic in the psychology of the
Greeks, since there has been observed a large increase in attempted
suicides, while the relation of psychological diseases to financial
debts is direct. According to statistics of the Ministry of Health, in
the period 2007-2011 an increase of 36% has been observed with regard to
suicide attempts of desperate people.
Suicides also increased dramatically, given that in the first
semester of 2011 suicides increased by 45% compared to the respective
period of 2010. The evidence were presented in the 9th Panhellenic
Convention on Public Health by the dean of National School of Public
Health, G.Kyriopoulos. He mentioned:
Given that the indicators of suicides is often used as a meter for
mental diseases, the situation regarding psychological health of Greeks
is especially negative. 23% of persons with mental diseases have loans.
Low income and low class are connected to the appearance of
psychological diseases”.
Unemployed as well as persons facing the danger of unemployment
belong to the high risk groups, together with the representatives of the
so called weaker sex, that in the case seem to verify the given
characterization, at least in matters of psychological endurance and
health. Pensioners also belong to the collateral damages of the crisis
as they are especially affected by its consequences on a psychic level.
14. Recent European Commission findings.
Unemployed in Greece increased by 8,7% during the first trimester of
2012 compared to the respective period of 2011, according to a European
Commission report on the social situation in Europe. 64% of Greeks
between 15-35 years of age declare their readiness to settle in another
country to work, while the number of homeless people is estimated at
20.000.
Jobs in our country were reduced during the same period by 400.000,
by 660.000 in Spain, 210.000 in Portugal and 180.000 in Italy.
The Commission states that Greece belongs to group of countries where
a deterioration of employment rates in the fields of services and
constructions is expected for the second semester of 2012.
Moreover, according to the Commission report during 2008-2011
unemployment among citizens of age between 55-64 was doubled in six
memberstates: Greece, Denmark, Ireland, Spain, Latvia and Lithuania.
Parallel 64% of Greeks at the age group 15-35 (27% short-term and 37%
middle-term) declare their readiness to settle in another european
country in order to work. The European average is 53%, while respective
high rates are observed in Spain and Ireland (67%) as well as Portugal
(57%).
The Commission describes the dim perspectives of the situation of
homeless in Greece. As underlined in the report, in 2011 homeless in
Greece were increased by 25% compared to 2009, and now amount to 20.000.
Over 50% of them are traced in Athens and Piraeus (11.000 in total,
8.000 of them Greeks).
The homelessness problem also appears in cities like Chania, Herakleion and Trikala, as the Commission states.
It is underlined in the report that due to the crisis the number of
homeless people with academic education that had a satisfactory life
standard has grown, people that did not have psychological or addiction
problems and cannot make do anymore, having lost their jobs.
The Commission also stresses that 68% of the Greek population is
living under conditions of poverty (meaning with an income of less than
60% than average national income) and spend most of their income on
paying the rent or housing loan. Lastly, the Commission reports that
social expenses in the second semester of 2012 are expected to shrink by
18%.
II. Legal evaluation
According to Article 5 of the Statute of Rome which prescribes the
crimes falling within the jurisdiction of the Court ; “1. The
jurisdiction of the Court shall be limited to the most serious crimes of
concern to the international community as a whole. The Court has
jurisdiction in accordance with this Statute with respect to the
following crimes:
(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The crime of aggression”.
The nature of these in abstracto numerated crimes, meaning the
characteristics that compose their core is extrapolated in the articles
to follow, in an effort to describe in the possible extent, the
behaviors that constitute the Court’s ratione materiae. In that sense
Article 7 is defining Crimes against humanity, enumerating certain acts
and furthermore setting out two additional conditions: (a) the
performance of these acts as part of a widespread or systematic attack
directed against any civilian population, and (b) the knowledge of the
attack. According to the aforementioned article the following acts
-among others- are akin to crimes against humanity:
“ [..]
(b) Extermination;
(c) Enslavement;
[..]
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
[..]
(h) Persecution against any identifiable group or collectivity on
political, racial, national, ethnic, cultural, religious, gender as
defined in paragraph 3, or other grounds that are universally recognized
as impermissible under international law, in connection with any act
referred to in this paragraph or any crime within the jurisdiction of
the Court;
[..]
(k) Other inhumane acts of a similar character intentionally causing
great suffering, or serious injury to body or to mental or physical
health”. For purposes of further clarity paragraph 2 is construing these
terms, clearly stating that the term
“Attack directed against any civilian population” means a course of
conduct involving the multiple commission of acts referred to in
paragraph 1 against any civilian population, pursuant to or in
furtherance of a State or organizational policy to commit such attack;
“ “Extermination” includes the intentional infliction of conditions
of life, inter alia the deprivation of access to food and medicine,
calculated to bring about the destruction of part of a population;”,
and moreover that
“ “Persecution” means the intentional and severe deprivation of
fundamental rights contrary to international law by reason of the
identity of the group or collectivity;”
The first thing to be noted is that a crime against humanity must be
part of a “widespread or systematic attack”. The attack can be
disjunctive in the sense that it can be widespread or systematic or
widespread and systematic. The term “widespread” refers to the scale of
the attack and the number of victims. It could relate to the broad
magnitude of the results of the series of acts or may even relate to one
act of extremely wide effect. In the same case it was held that the
term “systematic” relates to the organized nature of the conduct
concerned which will very often be evidenced by planning or organization
by the accused. It is clear too that the attack on any civilian
population need not be part of an armed conflict. In that sense the word
”attack” here does not mean a military attack and can include laws andadministrative measures.
With regard to the direction of the attack against a civilian
population, and therefore single, isolated, dispersed or random acts
that do not rise to the level of crimes against humanity, and cannot be
prosecuted as such. The presence of a few soldiers among the civilian
population is not sufficient to deprive it of its civilian character.
Third, they must have been committed pursuant to ”a State or
organizational policy”.
Mindful that the Statute was drafted so that the most serious crimes
of concern to the international community as a whole do not go
unpunished and that their effective prosecution be ensured, in view of
the fact that such grave crimes threaten the peace, security and
well-being of the world, it is evident that the jurisdiction of the
Court is deemed to be part of the implementation of jus cogens—the
highest standing in international legal norms. Thus, the protection
afforded in relation to crimes against humanity constitutes a
non-derogable rule of international law. The implication of this
standing is that these crimes are subject to universal jurisdiction,
meaning that all States can exercise their jurisdiction in prosecuting a
perpetrator irrespective of where the crime was committed.
It should be stressed that these crimes consist of the most barbaric
atrocities and humiliations, and fall outside the legitimate realm of
sovereign selfdetermination. Crimes against humanity assault the
individuality by attacking a person solely because of the groups to
which he/she belongs, and they assault sociability by transforming
political communities into death traps for their membersindividuals.
Moreover, crimes against humanity are closely related to the crime of
genocide, yet broader in scope, in that they encompass attacks on a wide
range of civilian populations, whereas the crime of genocide is
confined to national, ethnic, racial, or religious groups.
In the present case, which is brought to you so as to undergo the
Court’s duly investigation, it is evident –in view of the facts that
have already been analyzed- that the Greek people have become the
victims of such a crime. They suffered a systematic attack directed
against their civil and human rights, property, dignity, prosperity and
well-being, which assumed the form of the official EU-IMF fiscal policy,
thus forced to conceive a series of violations in the name of financial
and mainly statistical correction.
The attacks –as analytically displayed under the I section- have
caused unprecedented recession, impoverishment, unemployment, hunger,
inability to access basic and primary healthcare and medication,
pauperization of seriously ill persons and their families, increase of
homelessness, prison congestion under sordid conditions, the
annihilation of business activity, a constant migration flow of young
Greeks and have triggered a series of mental and psychic diseases that
in many cases have been proven fatal in view of the multiplying suicides
attempts.
In that sense the Greek people have become victims of extermination,
which pursuant to article 7 of the Statue has caused the intentional
infliction of conditions of life, in a serious manner that affects in
many cases among others access to food and medicine. That the followed
restrictive policy would bring about these catastrophic events could be
foreseen and was indeed foreseen by some economists, was however
undoubted and amply visible after the implementation of the first
“correctional” measures. The degradation of living standards was
imprinted on any serious analysis of the reality in Greece, while even
the effectiveness of the fiscal plan was -with rigid arguments-
questioned. It follows that the destruction of part of a population was
foreseeable and in every event intended, or in other words calculated by
those who conceived the grandiose scheme of our “salvation”. The
statistical data provided to you depict exactly the dimensions of the
extermination, which aims –having assumed various forms- the majority of
Greeks.
Other than that, the Greek people have been also been persecuted as a
whole, given that the measures enforced upon them resulted in the
severe deprivation of the enjoyment of several rights such as respect of
human dignity, protection of property, protection of workers rights,
guarantee of existence-minimum, freedom to exercise a profession,
protection of justified trust, access to healthcare, which in total led
to the violent downgrading of the general level of human rights
protection in Greece, forcing the majority of the population to live
under derisory conditions.
It is therefore obvious that the exercised policy was aiming at the
Greek population as a collective subject, since the population fell
victim to this attack on the occasion only of its national identity.
Moreover the attack is present and systematic as it has the
characteristics of an organized and planned policy, and is implemented
through the enforcement of international memoranda, dictated laws and
administrative measures.
What especially should be taken into account is that: (a) the attack
was launched willfully, (b) its results could and were indeed foreseen,
(c) the attempted fiscal correction was from the beginning
disproportionate and therefore ineffective, (d) it could be implemented
with less violent measures, or during a longer transitional period that
could relieve the inflicted collateral damages.
In this frame the role of the respondent persons was that they
-together or individually- coerced with means of political violence the
introduction and implementation of those measures that causally led to
the extermination and persecution of the people of Greece,
notwithstanding though knowing the consequences that would stem from
their acts as well as the extent of the damage, and for that reason they
are culpable for committing a Crime against Humanity, under article 7
of the Statute of Rome.
It should moreover be recognized that under the influence of the
globally prevailing conditions, the concept of “attack” has been
radically transformed and has assumed new possible forms. And while war,
in its typical understanding, or war-like events have more or less been
eradicated in the developed countries of the west world, following a
consistent route of consolidation of diplomatic parley, it is however
present in the form of financial warfare, which is a globalized
manifestation of old- style imperialism upon domestic soil. And even
though in that type of conflict there are -directly at least- no
casualties, the results are equally catastrophic, affecting people,
infrastructure, and causing degradation, displacement, moral and
physical exhaustion, and in that sense they meet the prerequisites of
atrocities, in other words of crimes against humanity.
III. Culpability of each of the persons against whom the presentreport/request is filed.
With regard to the extent of responsibility of each of the perpetrators the following clarifications are essential.
Christine Lagarde as the head of IMF is together with the rest of the
Troika members responsible for the drawing and the implementation of
the plan that supposedly would bring about the country’s salvation. Even
under the most optimistic scenario, the austerity measures being
imposed on Greece have caused a recession so deep that the country will
not be able to revive. Moreover the main principles contained in the
bail-out plans are self-defeating and pointless. Forcing austerity on
Greece could cause debt levels to rise by severely weakening the economy
while its
€200bn debt restructuring could prevent Greece from ever returning to
the financial markets by scaring off future private investors. From
that follows that despite the broad and obvious inefficiency of the
program to achieve the set goals, its initiators remain committed to its
continuance and demand abidance to it, conscious of its devastating
consequences, which are presumptuously overlooked. In that framework,
Christine Lagarde’s responsibility as managing director or the IMF are
self-evident.
Yet almost 3 years after the first Memorandum, with the results of
austerity measures visible to the whole world, Christine Lagarde while
interviewed insisted that it is payback time for Greece and made it
clear that the IMF has no intention of softening the terms of the
country’s austerity package. She even declared having more sympathy for
children deprived of decent schooling in sub-Saharan Africa than for
many of those facing poverty in Athens, and also that Greek parents have
to take responsibility if their children are being affected by spending
cuts, thus recognizing the terrible state of the Greek population, but
refusing to contribute in its relief by the simple way of expanding the
timeline of implementation. She then rounded up these statements after
international outcry, but could not deflect the suspicion –turned into
certainty- that the cruel policy followed, has solely a punitive and
exemplary purpose and disregards the harm inflicted to the Greek people.
The same apply mutatis mutandis for German Chancellor Angela Merkel
and Federal Minister of Finance Wolfgang Schäuble, who repeatedly reject
protests about the rigid character of the program in an effort to
enforce the spirit of fiscal discipline over the people of Europe,
causing the impoverishment of an entire nation merely for symbolical
reasons. Furthermore, it has been pointed out that Germany despite the
transfer payments that had to operate as part of the bail-out plan in
fact has benefited greatly from retaining Greece in the state of pariah,
mainly for two reasons: on one hand the invasion of German capital
institution in Greece is facilitated through the acceleration of
privatization process, which -under the current circumstances of total
depreciation of public property- cannot be advantageous for the Greek
State, but would lead to a damaging expropriation of public property. On
the hand the German State is benefited thanks to the zeroing of German
borrowing costs, resulting from the ongoing turmoil in finance markets
and the relevant hesitation of investors to trust the insolvent
countries of the European South. It is characteristic that quite
recently the German State borrowed 3,9 billion euro offering a negative
interest rate of -0,012%, meaning that investors actually have to pay in
order to be able to loan their money(!), when on pre-crisis year 2002
the ten years bond offered a lucrative 5% interest rate. In that manner
the financial benefits for Germany surpass the ostensible losses (given
that the money offered to Greece represent, being a loan, a revocable
transfer of financial power) thus clarifying that the continuance of the
crisis is bringing about major opportunities of dominance for Germany
as a creditor.
Regarding Manuel Baroso and Herman Van Rompuy, both institutional
organs of the European Union, set to protect and defend the common
interest of statemembers, it is evident that they have derogated from
their duty to stand with solidarity next to Greece, and have allowed the
economic crisis to take the proportions of a humanitarian crisis
through their acts and omissions. In cooperation with Christine Lagarde,
Angela Merkel, and Wolfgang Schäuble they victimized the Greeks and
rendered them into scapegoats of the European Union, particularly in
relation to “Greek statistics” (term which prevailed in the vocabulary
of the financial and political world and gained a new, autonomous
meaning referring to fraud and deception), in order to provide cover for
the failure of the European Statistical Agency (Eurostat) to fulfill
its goals by monitoring the compliance of member-states to the existing
restrictive fiscal policy. In other words they preferred to manipulate
Greek people and cause their exemplary punishment and degradation so as
to obviate the humiliation of the Agency.
/
In view that according to Article 4 the Court may exercise its
functions and powers, on the territory of any State Party and, by
special agreement, on the territory of any other State.
In view that the Court applies in the first place, the Statute,
Elements of Crimes and its Rules of Procedure and Evidence, and in
second place, where appropriate, the applicable treaties and the
principles and rules of international law, including the established
principles of the international law of armed conflict. Having in mind
that general principles of law derived by the Court from national laws
of legal systems of the world are also objects of interpretation,
including as appropriate, the national laws of States that would
normally exercise jurisdiction over the crime, provided that those
principles are not inconsistent with the Statute and with international
law and internationally recognized norms and standards.
Having in mind that the application and interpretation of law
pursuant to Statute must be consistent with internationally recognized
human rights, and be without any adverse distinction founded on grounds
such as gender as defined in article 7, paragraph 3, age, race, colour,
language, religion or belief, political or other opinion, national,
ethnic or social origin, wealth, birth or other status.
In view of the fact the Statute applies equally to all persons
without any distinction based on official capacity. In particular,
official capacity as a Head of State or Government, a member of a
Government or parliament, an elected representative or a government
official shall in no case exempt a person from criminal responsibility
under the Statute, nor in and of itself, constitutes a ground for
reduction of sentence. Moreover immunities or special procedural rules,
which may attach to the official capacity of a person, whether under
national or international law, do not bar the Court from exercising its
jurisdiction over such a person.
For all the above reasons We request: the initiation of
an investigation against Christine Madeleine Odette Lagarde, Angela
Dorothea Merkel, Wolfgang Schäuble, José Manuel Durão Barroso and Herman
Achille Van Rompuy for committing individually or together, crimes
against humanity as a part of an organized attack against the people of
Greece.
Thanks to: http://jhaines6.wordpress.com
Posted on December 3, 2012
REPORT / REQUEST
1. Georgios Tragkas son of Ioannis, resident of Attika, Korinthou
street and Tatoiou avenue, Metamorfosi, ZIP code 14451 2. Dimitrios
Konstantaras son of Lampros, Greek national, resident of Attika,
Korinthou street and Tatoiou avenue, Metamorfosi, ZIP code 14451 3.
Panagiotis Tzenos son of Ioannis, Greek national, resident of Attika,
Korinthou street and Tatoiou avenue, Metamorfosi, ZIP code 14451 4.
Antonios Prekas son of Michail, Greek national, resident of Attika,
Korinthou street and Tatoiou avenue, Metamorfosi, ZIP code 14451
FOR THE INITIATION OF A PROPRIO MOTU INVESTIGATIONAGAINST
- Christine Madeleine Odette Lagarde, Managing Director of the International Monetary Fund
- Angela Dorothea Merkel, Chancellor of Germany
- Wolfgang Schäuble, Federal Minister of Finance of Germany
- José Manuel Durão Barroso, President of the European Commission
- Herman Achille Van Rompuy, President of the European Council
In the last three years Greece has been transmuted systematically,
with plan, and absolute intention into a “guinea pig” of the dominant
financial elite, for a fiscally disciplined Europe. In reality what took
place within the territory of Greece during the last years resulted in
the outbreak of a humanitarian crisis that has long gone out of every
control, immediately threatening our national existence.
The leaders of the most creditworthy European countries with Germany
at the head, in cooperation with the European Commission and the
International Monetary Fund, have systematically engaged in the
imposition of burdensome terms on the greek society, contravening
constitutional and international legitimacy. Applying a strategy of
terror and blackmail against the greek public opinion (with threats
regarding even the exit from the European Union and the Eurozone) the
abettors and perpetrators of this humanitarian crisis, aim at
substituting sovereignty with the right of the economic conqueror.
At the same time through coordinated statements of high-rank Greek
and European officials, together with the cooperation of large
international Media groups, the country and its citizens are been
demonized, slandered and depicted ostensibly as responsible yet even for
the possibility of a global economic collapse, with methods resembling
those of slandering of Jews during the second World War.
There are facts proving that Greece is the victim of a plan of social
and economical genocide. The practices and methods used for the success
of this plan are similar to the description of the UN Convention for
the Prevention and Punishment of the Crime of Genocide (“The objectives
of such a plan would be disintegration of the political and social
institutions, of culture, language, national feelings, religion, and the
economic existence of national groups, and the destruction of the
personal security, liberty, health, dignity, and even the lives of the
individuals belonging to such groups”).
Taking as a starting the prescripts of the Greek Constitution, as
well as the need to defend our human rights, that are constantly
violated, in a manner that we, together with our co-patriots, are
becoming victims of a serious, constant and ever aggravating attack
against our human dignity, as well as victims of numerous cruel acts
that deliberately cause great damage upon our prosperity and fundamental
freedoms, we want to report to you the serial and repeated offences
committed by the head of the IMF, the European Commission and the
European Central Bank, which constitute the infamous “troika”.
We, the petioners, Greek nationals, appeal to you requesting the
initiation of propriu motu investigation according to article 15 par. 1
of the Rome Statute of the International Criminal Court, on the basis of
the following statement of facts.
I.
Statement of facts:
1. Vertical drop of GDP
The Greek economy is trapped in a state of deep recession which
results in the dramatic decrease of our national wealth and the gross
domestic product. According to Hellenic Statistical Authority data the
GDP in 2012 was reduced 6,5% following the 8% drop during the first
trimester last year and following the total 6,95% drop in
2011. This decrease means that cumulative our GDP has already fallen
about 16% compared to its pre-crisis peak and continues to collapse. The
numbers are shocking. Never before has the Greek GDP fallen during the
last sixty years. It is reminded that the argentinian GDP was reduced
20% at the crisis nadir. Yet given that the troika forecasts that the
greek GDP diminution will continue in 2012 and 2013, with a total
shrinkage within these two years of about 5-6%, it is obvious that soon
Greece, though “saved”, will suffer a bigger GDP reduction compared to
the bankrupt Argentina!
2. Rapid unemployment boom
The unemployment rates reached 21,9% in March 2012, against 15,7% in
March 2011 and 21,4% in February 2012. According to the Hellenic
Statistical Authority the number of employed in March 2012 is estimated
at 3.843.905 people, unemployed at 1.075.081 and the inactive population
at 3.372.144. The employed reduced by 342.134 persons compared to March
2011 (8,2% reduction), and by 24.996 persons compared to February 2012.
The age group that has the greater unemployment rates is the 15-24
group (52,8%), followed by the 25-34 group (29,8%). The economical
inactive part of the population, meaning people not employed and not
seeking to be employed, has been increased by 38.751 persons compared to
March 2011 (increase 1,2%) and by 5.350 persons compared to February
2012 (increase 0,2%).
3. Dramatic impoverishment of the population
Poverty threatens 3 million Greeks- The situation is worse only in 5 countries of the former eastern bloc.
According to Hellenic Statistical Authority data 27,7% of the
population find themselves in serious trouble. In particular, 3.031.000
Greeks were threatened by poverty and social exclusion two years ago,
meaning before the aggravation of recession and the unemployment boom.
This is the largest percent within the Eurozone, as estimated according
to the three Eurostat criteria, which are used in order to evaluate
whether a person is at risk by poverty. In total higher rates within the
European Union of 27 member-states are recorded only in countries of
the former eastern bloc (Bulgaria 41,6%, Romania 41,1%, Poland 27,5%,
Latvia 38,1%, Lithuania 33,4%). In regard to income 20,1% of Greeks had a
lesser than 60% of the average national income, while only the Spanish
(20,7%) are in a worse state within the Eurozone, and only the Latvians
(20,2%), Romanians (21,1%), Bulgarians (20,7%) outside of it. 11,6% of
the Greeks are facing difficulties paying their bills and rents.
-In a critical state
One out of three Greeks marginally covers his basic necessities- food
and housing- and yet even in the case where a sum is spared, it is
spent not for the purchase of goods/services but for the repaying of
loans and cards. According to a Nielsen study Greek consumers are listed
among the most pessimistic in Europe.
4. Increasing inability to access healthcare and medicaments.
The inability of the Greeks to access medicaments “is assuming the
dimensions of a humanitarian crisis” as the Medical Society of Athens
warns in a report sent to the UN.
In its report the Society underlines that “thousands of patients find
themselves in the dramatic situation, in view of the inability of the
hospitals to cover their healthcare needs and the pharmacists’ denial
–due to suspension of payments- to minister medicaments to the insured
of the public insurance funds”.
It is furthermore stressed that “a debt-crisis suddenly turned into a
humanitarian crisis, that cannot and should not leave anyone
indifferent, but also should not be sealed with the loss of human life”
and it is added that “the inefficient handling from the side of the
responsible authorities, the lack of provision in local, and
additionally the lack of understanding in a European level, regarding
the sensitive field of medication, endanger human lives”.
The behavior of Greeks regarding medication in middle of the economiccrisis.
According to a study carried out by the Office for the educational
coordination of trainees in general-family medicine of university
general hospital of Patras, the economic crisis has affected in various
ways the life of modern Greeks. 70,3% of the participants state that its
monthly income is inadequate for the purchase of the necessary
medication, thus resulting that 89,7% is facing difficulties buying it.
55,4% of the sample did not receive the medication or omitted a dose due
to economic weakness. 1/3 of the sample requested that the doctor
prescribes a cheaper medicament. 73,8% would accept a prescription of an
equally efficient but cheaper medicament, while 36,4% think that the
cheaper medicament is not equally effective. It is remarkable that 79%
consider that the weakness to receive the proper medication is connected
to high rates of stress, anxiety, depression and sleeping disorders.
5.Tragic situation in hospitals due to serious shortage in basic items
Serious shortages of disposable materials are observed in hospitals
in Attica and the Country. The doctors of the National Healthcare System
clarify that the biggest problems appear in the excessively indebted
hospitals, which are supplied by the dropper. Indicative of situation is
the decision of the Attikon hospital administration to suspend the
operation of Cardio Clinic.
In AHEPA hospital, after the shutting down of the Cardio clinic,
through which the appointments were scheduled for the patient having to
undergo a cardiogram or stent placement, the Vascular clinic was also
shut down since the materials used are expensive and there are money for
their purchase. Problems are expected to arise also in the
Opthalmological Clinic due to shortage of Phakic Refractive Lenses.
The administration of AHEPA hospital filed a report against those
responsible in the District Prosecutor of Thessaloniki regarding the
shortage. The Prosecutor Ioanna Katsi ordered a preliminary examination,
in order to determine if the crime of exposure to danger and omission
to prevent common danger is committed via the suspension of supplies of
disposable materials.
In Chios island the patients’ relatives are forced to buy on their
own catheters or plaster, while the same happens in Serres and Larissa,
where the patients are daily fed with chicken, as there are no money to
buy fish or veal.
In Thessaloniki two blood donors clubs gave money in order to supply
the Hippocrateion Blood Donor Center with blood utricles. Moreover,
transplantations have been stopped hence the collected 800 blood
utricles cannot be controlled due to shortage of reagents.
In Rhodes according to surgeon Vasilis Kinou the waiting period for
the surgery reaches a full semester, and one year in the Orthopedics
clinic, again due to shortage of material and personnel.
6. Patients suffering from cancer and other serious illnesses withoutmedication
Lack of money in healthcare as a problem is assuming large
dimensions. Besides the suppliers embargo on hospitals, the
administration of medication has ceased for the insured, even for the
seriously ill, like cancer-patients for instance. Pharmacists, drug
stores and pharmaceuticals no longer provide the needed medication due
to the large debts of the National Healthcare Organization, thus
endangering human lives.
23 associations of cancer patients and volunteers addressed a letter
demanding that public authorities and politicians assume their
responsibilities. The letter, which is acquainted to the Ministries of
Health and Finance as well as to the leaders of all political parties,
describes the dramatic moments of cancer-patients. Specifically it is
mentioned:
We, the associations of cancer patients and volunteers signing this
letter, we address you in a last effort to make the urgent situation
that threatens not only the dignity but also the course of the disease
and the life of cancer patients, understood, which is created on account
of the discontinuation of medication distribution, that they need and
are entitled to.
The cries of agony that reached the Media cannot at its least depict
the despair and deadlock to which cancer patients and other seriously
ill are daily led . The discontinuance of the on credit
medicine-administration, is forcing cancer patients to interrupt their
treatment, since they cannot cover the high costs of medicaments,
relying on “god knows when” regarding reimbursement from the insurance
organizations.
It should also be taken into account that unpaid bills for disposable
materials (oxygen, catheters, urine collectors, tracheal tubes etc),
which cancer patients have paid submitting the relevant receipts to the
insurance organization, are pending for more than 6 months. So far no
provision has been made for their payment, thus resulting in the
financial asphyxiation of patients and their families. All the above
mentioned constitute a threat for the lives of cancer patients and are
assuming the dimensions of a humanitarian crisis, whose confrontation is
according to the Constitution imperative.
7.Three suicides every 2 days in Greece
Suicides all over the country, completed or at attempted, have met a
dramatic increase from 2009 to 2011. Thessaloniki and Thessalia have the
sad precedence. One person commits suicide every two days in Attika.
Former minister Chr.Papoutsis has submitted shocking data about the
number of suicides and attempts of such, that depict the huge social
deadlocks caused by the economic crisis. According to these data
suicides and such attempts from the beginning of 2009 till the 10th December
2011 have reached 1.727, with all the indicators pointing at a
significant upward tendency from 2009 to 2010, while the country marched
deeper into the eye of the cyclone. The increase of suicides is
observed mostly in 2010 compared to 2009, given that -according to data
from 14 peripheries- in 2009 there were 507, in 2010 they reached 622
and 598 in 2011. Psychiatrists emphasize that one suicide corresponds to
20 to 25 attempts. The increase of suicides in Greece is most notable
in the 45-65 age group, but also among young people that have just
completed their studies and find themselves before the “now what”
question.
8. Reports for collapse of students due to hunger!
The congress of the Panhellenic Association of Private and Public
School Canteens in cooperation with the Union of Public Schools Rent
Canteens in Attika Prefecture, on the topic “The role of the Canteen in
times of crisis” depicted a grim reality. One of the most dramatic
features that the financial crisis gave birth to, is the issue of
children malnourishment which threatens a number of areas in Greece,
with children deprived of primary articles on account of high
unemployment or/and low living standard. Many congress speakers
underlined that “There is no State, there is no political will”, given
that despite the existence of special European funds aimed at providing
meals, fruits, vegetables, dairy products, these are not absorbed. The
State is absent, watching apathetically students been malnourished and
passing out before they eyes of co-students and teachers.
9. Shutdown epidemic in business
The ratio of closed to open businesses has had an increase of about
30% compared to last year, according to a National Co-Association of
Greek Commerce survey. As stated in the new survey-registry of closed
businesses “we can refer to a shut down epidemic in the market, which
continued and increases like an infectious disease”. In Attika the ratio
of closed to open businesses is 25,6%, meaning that 2.374 businesses
have been closed in a total of 9.275. The situation in the centre of
Athens remains critical and even worse compared to last semester, as the
ratio of closed businesses reached 29,6%, from 24,4% of August 2011 and
23,4% of March 2011. More critical seems to be the situation in Stadiou
street (an Athenian main street) where the highest ratio is recorded
with about 42% last semester it reached a 31,5%, one year ago a 33,8%,
while in Trikoupi street the ratio reaches a 33,8%. Businesses shutting
down as a result of lack of cash-flow in the market. Asphyxiation in the
market according to an ICAP survey.
Credit provisions to companies are reduced, increasing the
asphyxiation in the greek market due to lack of cash-flow according to
an ICAP survey. The survey took place as part of the Trade Exchange
network launching and aims at helping businesses protect themselves from
credit-related dangers. The survey (5-25 April), which included 445
financial directors of the most important businesses of all sectors,
indicates a rapid increase of insecurities (bad debt). 69,2% of the
businesses confirmed a rapid increase of insecurities, 45,5% reduced the
credit period as opposed to just 24,3% which increased credit period,
which shows that in general credit conditions are becoming more
restrictive with regard to their sales. They even prefer canceling a
sale when clients are unable to comply with their credit policy. A 74%
of businesses set as a priority the protection of their viability
compared to a 22,4% which set growth as main goal. Moreover, it was also
accrued that 43% of companies have reduced their investment related
activities, while a small 22% have increased them, a result that is
definitely affected by the financing needs.
10.Abysmal conditions in prisons
The situation in the greek prison system is also abysmal with the
largest congestion within the EU and an occupancy rate at 129,6%!
According to EU statistics there were 11.547 imprisoned people in greek
prisons during 2009-2010. From them 27,4 remain a custodial imprisonment
and the rest are convicts and minors at a 4,4%.
The alarming picture observed today with regard to the imprisonment
conditions, especially congestion, the increase of prison population,
increase of number of foreign detainees, high percent of people under
custody, the existence of prisoners with mental and psychological
disorders, and the increased numbers of deaths and suicides, is
underlined in the text of the Green Bible for the implementation of
European union law in the field of imprisonment, which was published by
the European Commission on June 2011. From that Green Bible data, it is
accrued that prison congestion is a serious problem in 13 state-members,
with the higher congestion rates observed in Bulgaria, Italy, Cyprus,
Spain and Greece. Especially for Greece based on 2009-2010 data the
occupancy reached a 129,6%.
Hundreds of arrests from the Financial Police.
510 citizens arrested throughout the country have a debt reaching one
billion euro. From the moment that Financial Police started operating,
in order to trace statedebtors, 450 men and the rest women have been
arrested, while the majority of 98% are Greek citizens. Moreover the
majority of arrests (300) took place in Attika and Thessaloniki.
11. 7 out 10 young Greeks consider migrating.
In the last years in Greece a phenomenon forgotten for decades has
been rekindled and climaxes dangerously, namely the fact that thousands
of Greeks are migrating in search of a better luck. Greece, that in the
post war era was an immigrant exporting country, turned after 1990 into a
country of reception, and yet now in the IMF era it is turned again
into a country that exports immigrants.
Analysing the reasons (unemployment, collapse and impoverishment of
Hellenic economy, total sale out of the country) that feed this
phenomenon is at this point redundant. In this situation of total
dead-end thousands of young –especially- people are ready to flee the
country.
76% of Greeks believe that migration represents an ideal solution for
the confrontation of the economic crisis, while 70% state that it is
better when young people leave Greece, and believe that they cannot
contribute to a better society by staying. These are the results of a
Focus Bari survey on the subject “economic crisis through the eyes of 20
year olds” which emphasizes the migrating phenomenon that stems from
the crisis.
12. Crisis reduces the life expectancy of Greeks.
Experts anticipate a rapid increase of cardio-related diseases due to
the economic crisis. According to scientists the close relation between
crisis and cardio diseases has been proven repeatedly in other
countries, and now the “experiment” is in progress in Greece, with
Greeks participating involuntarily and paying it with their health.
As exhibited at the 27th International Convention for Clinical
Cardiology, it is recorded that cardio-related diseases have
significantly been increased in countries struck by crisis.
Unemployment, despair and frustration have contributed decisively in the
rapid increase of heart attacks and strokes in Greece as cardiologists
estimate, who also underline that many patients give their treatment up
or delay visiting their doctor because they cannot respond to the costs
(visit and medication). Strokes and heart-strokes in Greece “reap” as a
result of economic crisis, impressive increase of unemployment, closing
down of thousands of businesses and the citizens’ inability to pay bills
and taxes, so the president of Hellenic College of Cardiology and
Professor of Cardiology in University of Athens Dr.Ioannis Lekakis.
The scientists on the occasion of the 8th Annual International
Convention of Cardiology explained that also depression causes a
quadruplication of heart attacks and geminates strokes, which appear in a
large percent of the greek population. They also stressed that a severe
problem, which was recently recorded, refers to the inability of many
patients to receive proper medication, due to the needed –financial-
participation in the expenses. This fact will cause great damage in the
health of many, with unforeseeable and very dangerous consequences.
13. Crisis and mental diseases
The consequences of crisis are also dramatic in the psychology of the
Greeks, since there has been observed a large increase in attempted
suicides, while the relation of psychological diseases to financial
debts is direct. According to statistics of the Ministry of Health, in
the period 2007-2011 an increase of 36% has been observed with regard to
suicide attempts of desperate people.
Suicides also increased dramatically, given that in the first
semester of 2011 suicides increased by 45% compared to the respective
period of 2010. The evidence were presented in the 9th Panhellenic
Convention on Public Health by the dean of National School of Public
Health, G.Kyriopoulos. He mentioned:
Given that the indicators of suicides is often used as a meter for
mental diseases, the situation regarding psychological health of Greeks
is especially negative. 23% of persons with mental diseases have loans.
Low income and low class are connected to the appearance of
psychological diseases”.
Unemployed as well as persons facing the danger of unemployment
belong to the high risk groups, together with the representatives of the
so called weaker sex, that in the case seem to verify the given
characterization, at least in matters of psychological endurance and
health. Pensioners also belong to the collateral damages of the crisis
as they are especially affected by its consequences on a psychic level.
14. Recent European Commission findings.
Unemployed in Greece increased by 8,7% during the first trimester of
2012 compared to the respective period of 2011, according to a European
Commission report on the social situation in Europe. 64% of Greeks
between 15-35 years of age declare their readiness to settle in another
country to work, while the number of homeless people is estimated at
20.000.
Jobs in our country were reduced during the same period by 400.000,
by 660.000 in Spain, 210.000 in Portugal and 180.000 in Italy.
The Commission states that Greece belongs to group of countries where
a deterioration of employment rates in the fields of services and
constructions is expected for the second semester of 2012.
Moreover, according to the Commission report during 2008-2011
unemployment among citizens of age between 55-64 was doubled in six
memberstates: Greece, Denmark, Ireland, Spain, Latvia and Lithuania.
Parallel 64% of Greeks at the age group 15-35 (27% short-term and 37%
middle-term) declare their readiness to settle in another european
country in order to work. The European average is 53%, while respective
high rates are observed in Spain and Ireland (67%) as well as Portugal
(57%).
The Commission describes the dim perspectives of the situation of
homeless in Greece. As underlined in the report, in 2011 homeless in
Greece were increased by 25% compared to 2009, and now amount to 20.000.
Over 50% of them are traced in Athens and Piraeus (11.000 in total,
8.000 of them Greeks).
The homelessness problem also appears in cities like Chania, Herakleion and Trikala, as the Commission states.
It is underlined in the report that due to the crisis the number of
homeless people with academic education that had a satisfactory life
standard has grown, people that did not have psychological or addiction
problems and cannot make do anymore, having lost their jobs.
The Commission also stresses that 68% of the Greek population is
living under conditions of poverty (meaning with an income of less than
60% than average national income) and spend most of their income on
paying the rent or housing loan. Lastly, the Commission reports that
social expenses in the second semester of 2012 are expected to shrink by
18%.
II. Legal evaluation
According to Article 5 of the Statute of Rome which prescribes the
crimes falling within the jurisdiction of the Court ; “1. The
jurisdiction of the Court shall be limited to the most serious crimes of
concern to the international community as a whole. The Court has
jurisdiction in accordance with this Statute with respect to the
following crimes:
(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The crime of aggression”.
The nature of these in abstracto numerated crimes, meaning the
characteristics that compose their core is extrapolated in the articles
to follow, in an effort to describe in the possible extent, the
behaviors that constitute the Court’s ratione materiae. In that sense
Article 7 is defining Crimes against humanity, enumerating certain acts
and furthermore setting out two additional conditions: (a) the
performance of these acts as part of a widespread or systematic attack
directed against any civilian population, and (b) the knowledge of the
attack. According to the aforementioned article the following acts
-among others- are akin to crimes against humanity:
“ [..]
(b) Extermination;
(c) Enslavement;
[..]
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
[..]
(h) Persecution against any identifiable group or collectivity on
political, racial, national, ethnic, cultural, religious, gender as
defined in paragraph 3, or other grounds that are universally recognized
as impermissible under international law, in connection with any act
referred to in this paragraph or any crime within the jurisdiction of
the Court;
[..]
(k) Other inhumane acts of a similar character intentionally causing
great suffering, or serious injury to body or to mental or physical
health”. For purposes of further clarity paragraph 2 is construing these
terms, clearly stating that the term
“Attack directed against any civilian population” means a course of
conduct involving the multiple commission of acts referred to in
paragraph 1 against any civilian population, pursuant to or in
furtherance of a State or organizational policy to commit such attack;
“ “Extermination” includes the intentional infliction of conditions
of life, inter alia the deprivation of access to food and medicine,
calculated to bring about the destruction of part of a population;”,
and moreover that
“ “Persecution” means the intentional and severe deprivation of
fundamental rights contrary to international law by reason of the
identity of the group or collectivity;”
The first thing to be noted is that a crime against humanity must be
part of a “widespread or systematic attack”. The attack can be
disjunctive in the sense that it can be widespread or systematic or
widespread and systematic. The term “widespread” refers to the scale of
the attack and the number of victims. It could relate to the broad
magnitude of the results of the series of acts or may even relate to one
act of extremely wide effect. In the same case it was held that the
term “systematic” relates to the organized nature of the conduct
concerned which will very often be evidenced by planning or organization
by the accused. It is clear too that the attack on any civilian
population need not be part of an armed conflict. In that sense the word
”attack” here does not mean a military attack and can include laws andadministrative measures.
With regard to the direction of the attack against a civilian
population, and therefore single, isolated, dispersed or random acts
that do not rise to the level of crimes against humanity, and cannot be
prosecuted as such. The presence of a few soldiers among the civilian
population is not sufficient to deprive it of its civilian character.
Third, they must have been committed pursuant to ”a State or
organizational policy”.
Mindful that the Statute was drafted so that the most serious crimes
of concern to the international community as a whole do not go
unpunished and that their effective prosecution be ensured, in view of
the fact that such grave crimes threaten the peace, security and
well-being of the world, it is evident that the jurisdiction of the
Court is deemed to be part of the implementation of jus cogens—the
highest standing in international legal norms. Thus, the protection
afforded in relation to crimes against humanity constitutes a
non-derogable rule of international law. The implication of this
standing is that these crimes are subject to universal jurisdiction,
meaning that all States can exercise their jurisdiction in prosecuting a
perpetrator irrespective of where the crime was committed.
It should be stressed that these crimes consist of the most barbaric
atrocities and humiliations, and fall outside the legitimate realm of
sovereign selfdetermination. Crimes against humanity assault the
individuality by attacking a person solely because of the groups to
which he/she belongs, and they assault sociability by transforming
political communities into death traps for their membersindividuals.
Moreover, crimes against humanity are closely related to the crime of
genocide, yet broader in scope, in that they encompass attacks on a wide
range of civilian populations, whereas the crime of genocide is
confined to national, ethnic, racial, or religious groups.
In the present case, which is brought to you so as to undergo the
Court’s duly investigation, it is evident –in view of the facts that
have already been analyzed- that the Greek people have become the
victims of such a crime. They suffered a systematic attack directed
against their civil and human rights, property, dignity, prosperity and
well-being, which assumed the form of the official EU-IMF fiscal policy,
thus forced to conceive a series of violations in the name of financial
and mainly statistical correction.
The attacks –as analytically displayed under the I section- have
caused unprecedented recession, impoverishment, unemployment, hunger,
inability to access basic and primary healthcare and medication,
pauperization of seriously ill persons and their families, increase of
homelessness, prison congestion under sordid conditions, the
annihilation of business activity, a constant migration flow of young
Greeks and have triggered a series of mental and psychic diseases that
in many cases have been proven fatal in view of the multiplying suicides
attempts.
In that sense the Greek people have become victims of extermination,
which pursuant to article 7 of the Statue has caused the intentional
infliction of conditions of life, in a serious manner that affects in
many cases among others access to food and medicine. That the followed
restrictive policy would bring about these catastrophic events could be
foreseen and was indeed foreseen by some economists, was however
undoubted and amply visible after the implementation of the first
“correctional” measures. The degradation of living standards was
imprinted on any serious analysis of the reality in Greece, while even
the effectiveness of the fiscal plan was -with rigid arguments-
questioned. It follows that the destruction of part of a population was
foreseeable and in every event intended, or in other words calculated by
those who conceived the grandiose scheme of our “salvation”. The
statistical data provided to you depict exactly the dimensions of the
extermination, which aims –having assumed various forms- the majority of
Greeks.
Other than that, the Greek people have been also been persecuted as a
whole, given that the measures enforced upon them resulted in the
severe deprivation of the enjoyment of several rights such as respect of
human dignity, protection of property, protection of workers rights,
guarantee of existence-minimum, freedom to exercise a profession,
protection of justified trust, access to healthcare, which in total led
to the violent downgrading of the general level of human rights
protection in Greece, forcing the majority of the population to live
under derisory conditions.
It is therefore obvious that the exercised policy was aiming at the
Greek population as a collective subject, since the population fell
victim to this attack on the occasion only of its national identity.
Moreover the attack is present and systematic as it has the
characteristics of an organized and planned policy, and is implemented
through the enforcement of international memoranda, dictated laws and
administrative measures.
What especially should be taken into account is that: (a) the attack
was launched willfully, (b) its results could and were indeed foreseen,
(c) the attempted fiscal correction was from the beginning
disproportionate and therefore ineffective, (d) it could be implemented
with less violent measures, or during a longer transitional period that
could relieve the inflicted collateral damages.
In this frame the role of the respondent persons was that they
-together or individually- coerced with means of political violence the
introduction and implementation of those measures that causally led to
the extermination and persecution of the people of Greece,
notwithstanding though knowing the consequences that would stem from
their acts as well as the extent of the damage, and for that reason they
are culpable for committing a Crime against Humanity, under article 7
of the Statute of Rome.
It should moreover be recognized that under the influence of the
globally prevailing conditions, the concept of “attack” has been
radically transformed and has assumed new possible forms. And while war,
in its typical understanding, or war-like events have more or less been
eradicated in the developed countries of the west world, following a
consistent route of consolidation of diplomatic parley, it is however
present in the form of financial warfare, which is a globalized
manifestation of old- style imperialism upon domestic soil. And even
though in that type of conflict there are -directly at least- no
casualties, the results are equally catastrophic, affecting people,
infrastructure, and causing degradation, displacement, moral and
physical exhaustion, and in that sense they meet the prerequisites of
atrocities, in other words of crimes against humanity.
III. Culpability of each of the persons against whom the presentreport/request is filed.
With regard to the extent of responsibility of each of the perpetrators the following clarifications are essential.
Christine Lagarde as the head of IMF is together with the rest of the
Troika members responsible for the drawing and the implementation of
the plan that supposedly would bring about the country’s salvation. Even
under the most optimistic scenario, the austerity measures being
imposed on Greece have caused a recession so deep that the country will
not be able to revive. Moreover the main principles contained in the
bail-out plans are self-defeating and pointless. Forcing austerity on
Greece could cause debt levels to rise by severely weakening the economy
while its
€200bn debt restructuring could prevent Greece from ever returning to
the financial markets by scaring off future private investors. From
that follows that despite the broad and obvious inefficiency of the
program to achieve the set goals, its initiators remain committed to its
continuance and demand abidance to it, conscious of its devastating
consequences, which are presumptuously overlooked. In that framework,
Christine Lagarde’s responsibility as managing director or the IMF are
self-evident.
Yet almost 3 years after the first Memorandum, with the results of
austerity measures visible to the whole world, Christine Lagarde while
interviewed insisted that it is payback time for Greece and made it
clear that the IMF has no intention of softening the terms of the
country’s austerity package. She even declared having more sympathy for
children deprived of decent schooling in sub-Saharan Africa than for
many of those facing poverty in Athens, and also that Greek parents have
to take responsibility if their children are being affected by spending
cuts, thus recognizing the terrible state of the Greek population, but
refusing to contribute in its relief by the simple way of expanding the
timeline of implementation. She then rounded up these statements after
international outcry, but could not deflect the suspicion –turned into
certainty- that the cruel policy followed, has solely a punitive and
exemplary purpose and disregards the harm inflicted to the Greek people.
The same apply mutatis mutandis for German Chancellor Angela Merkel
and Federal Minister of Finance Wolfgang Schäuble, who repeatedly reject
protests about the rigid character of the program in an effort to
enforce the spirit of fiscal discipline over the people of Europe,
causing the impoverishment of an entire nation merely for symbolical
reasons. Furthermore, it has been pointed out that Germany despite the
transfer payments that had to operate as part of the bail-out plan in
fact has benefited greatly from retaining Greece in the state of pariah,
mainly for two reasons: on one hand the invasion of German capital
institution in Greece is facilitated through the acceleration of
privatization process, which -under the current circumstances of total
depreciation of public property- cannot be advantageous for the Greek
State, but would lead to a damaging expropriation of public property. On
the hand the German State is benefited thanks to the zeroing of German
borrowing costs, resulting from the ongoing turmoil in finance markets
and the relevant hesitation of investors to trust the insolvent
countries of the European South. It is characteristic that quite
recently the German State borrowed 3,9 billion euro offering a negative
interest rate of -0,012%, meaning that investors actually have to pay in
order to be able to loan their money(!), when on pre-crisis year 2002
the ten years bond offered a lucrative 5% interest rate. In that manner
the financial benefits for Germany surpass the ostensible losses (given
that the money offered to Greece represent, being a loan, a revocable
transfer of financial power) thus clarifying that the continuance of the
crisis is bringing about major opportunities of dominance for Germany
as a creditor.
Regarding Manuel Baroso and Herman Van Rompuy, both institutional
organs of the European Union, set to protect and defend the common
interest of statemembers, it is evident that they have derogated from
their duty to stand with solidarity next to Greece, and have allowed the
economic crisis to take the proportions of a humanitarian crisis
through their acts and omissions. In cooperation with Christine Lagarde,
Angela Merkel, and Wolfgang Schäuble they victimized the Greeks and
rendered them into scapegoats of the European Union, particularly in
relation to “Greek statistics” (term which prevailed in the vocabulary
of the financial and political world and gained a new, autonomous
meaning referring to fraud and deception), in order to provide cover for
the failure of the European Statistical Agency (Eurostat) to fulfill
its goals by monitoring the compliance of member-states to the existing
restrictive fiscal policy. In other words they preferred to manipulate
Greek people and cause their exemplary punishment and degradation so as
to obviate the humiliation of the Agency.
/
In view that according to Article 4 the Court may exercise its
functions and powers, on the territory of any State Party and, by
special agreement, on the territory of any other State.
In view that the Court applies in the first place, the Statute,
Elements of Crimes and its Rules of Procedure and Evidence, and in
second place, where appropriate, the applicable treaties and the
principles and rules of international law, including the established
principles of the international law of armed conflict. Having in mind
that general principles of law derived by the Court from national laws
of legal systems of the world are also objects of interpretation,
including as appropriate, the national laws of States that would
normally exercise jurisdiction over the crime, provided that those
principles are not inconsistent with the Statute and with international
law and internationally recognized norms and standards.
Having in mind that the application and interpretation of law
pursuant to Statute must be consistent with internationally recognized
human rights, and be without any adverse distinction founded on grounds
such as gender as defined in article 7, paragraph 3, age, race, colour,
language, religion or belief, political or other opinion, national,
ethnic or social origin, wealth, birth or other status.
In view of the fact the Statute applies equally to all persons
without any distinction based on official capacity. In particular,
official capacity as a Head of State or Government, a member of a
Government or parliament, an elected representative or a government
official shall in no case exempt a person from criminal responsibility
under the Statute, nor in and of itself, constitutes a ground for
reduction of sentence. Moreover immunities or special procedural rules,
which may attach to the official capacity of a person, whether under
national or international law, do not bar the Court from exercising its
jurisdiction over such a person.
For all the above reasons We request: the initiation of
an investigation against Christine Madeleine Odette Lagarde, Angela
Dorothea Merkel, Wolfgang Schäuble, José Manuel Durão Barroso and Herman
Achille Van Rompuy for committing individually or together, crimes
against humanity as a part of an organized attack against the people of
Greece.
Thanks to: http://jhaines6.wordpress.com
