H τρίτη καταγγελία στον Εισαγγελέα του Διεθνούς Ποινικού Δικαστηρίου (ICC)

 

To the Prosecutor of the International Criminal Court

 

REPORT / REQUEST

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1.Georgios Tragkas son of Ioannis, resident of Attika, Korinthoustreet and Tatoiou avenue, Metamorfosi, ZIP code 144512.

2.Dimitrios Konstantaras son of Lampros, Greek national, resident of Attika, Korinthou street and Tatoiou avenue, Metamorfosi, ZIPcode 144513.

3.Panagiotis Tzenos son of Ioannis, Greek national, resident of Attika,Korinthou street and Tatoiou avenue, Metamorfosi, ZIP code 144514.

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 INVESTIGATION

 

AGAINST

 

Christine Madeleine Odette Lagarde, Managing Director of the InternationalMonetary Fund2.

Angela Dorothea Merkel, Chancellor of Germany3.

Wolfgang Schäuble, Federal Minister of Finance of Germany4.

José Manuel Durão Barroso, President of the European Commission5.

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 fiscallydisciplined Europe. In reality what took place within the territory of Greece during thelast 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 thehead, in cooperation with the European Commission and the International MonetaryFund, have systematically engaged in the imposition of burdensome terms on thegreek society, contravening constitutional and international legitimacy. Applying astrategy of terror and blackmail against the greek public opinion (with threatsregarding even the exit from the European Union and the Eurozone) the abettors andperpetrators of this humanitarian crisis, aim at substituting sovereignty with the rightof the economic conqueror.

At the same time through coordinated statements of high-rank Greek andEuropean officials, together with the cooperation of large international Media groups,the country and its citizens are been demonized, slandered and depicted ostensibly asresponsible yet even for the possibility of a global economic collapse, with methodsresembling those of slandering of Jews during the second World War.There are facts proving that Greece is the victim of a plan of social andeconomical genocide. The practices and methods used for the success of this plan aresimilar 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 thepolitical and social institutions, of culture, language, national feelings, religion, andthe economic existence of national groups, and the destruction of the personalsecurity, liberty, health, dignity, and even the lives of the individuals belonging tosuch groups”).Taking as a starting the prescripts of the Greek Constitution, as well as theneed 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 everaggravating attack against our human dignity, as well as victims of numerous cruelacts that deliberately cause great damage upon our prosperity and fundamentalfreedoms, we want to report to you the serial and repeated offences committed by thehead of the IMF, the European Commission and the European Central Bank, whichconstitute 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 theInternational Criminal Court, on the basis of the following statement of facts.

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I. Statement of facts:

 

1. Vertical drop of GDP

 

The Greek economy is trapped in a state of deep recession which results in thedramatic decrease of our national wealth and the gross domestic product. Accordingto Hellenic Statistical Authority data the GDP in 2012 was reduced 6,5% followingthe 8% drop during the first trimester last year and following the total 6,95% drop in2011. 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 thatthe argentinian GDP was reduced 20% at the crisis nadir. Yet given that the troikaforecasts that the greek GDP diminution will continue in 2012 and 2013, with a totalshrinkage 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 bankruptArgentina!

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2.Rapid unemployment boom
The unemployment rates reached 21,9% in March 2012, against 15,7% inMarch 2011 and 21,4% in February 2012. According to the Hellenic StatisticalAuthority the number of employed in March 2012 is estimated at 3.843.905people, unemployed at 1.075.081 and the inactive population at 3.372.144. Theemployed 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 thegreater unemployment rates is the 15-24 group (52,8%), followed by the 25-34group (29,8%). The economical inactive part of the population, meaning peoplenot employed and not seeking to be employed, has been increased by 38.751persons compared to March 2011 (increase 1,2%) and by 5.350 persons comparedto February 2012 (increase 0,2%).

 

3. Dramatic impoverishment of the population

 

Poverty threatens 3 million Greeks- The situation is worse only in 5 countriesof the former eastern bloc.

According to Hellenic Statistical Authority data 27,7% of the population findthemselves in serious trouble. In particular, 3.031.000 Greeks were threatened bypoverty and social exclusion two years ago, meaning before the aggravation of recession and the unemployment boom. This is the largest percent within theEurozone, as estimated according to the three Eurostat criteria, which are used inorder to evaluate whether a person is at risk by poverty. In total higher rates within theEuropean Union of 27 member-states are recorded only in countries of the formereastern 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 theaverage national income, while only the Spanish (20,7%) are in a worse state withinthe 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 andrents.
-In a critical state
One out of three Greeks marginally covers his basic necessities- food andhousing- and yet even in the case where a sum is spared, it is spent not for thepurchase of goods/services but for the repaying of loans and cards. According to aNielsen study Greek consumers are listed among the most pessimistic in Europe.

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4. Increasing inability to access healthcare and medicaments.
The inability of the Greeks to access medicaments “is assuming thedimensions of a humanitarian crisis” as the Medical Society of Athens warns in areport sent to the UN.In its report the Society underlines that “thousands of patients find themselvesin 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- tominister medicaments to the insured of the public insurance funds”.It is furthermore stressed that “a debt-crisis suddenly turned into ahumanitarian crisis, that cannot and should not leave anyone indifferent, but alsoshould not be sealed with the loss of human life” and it is added that “the inefficienthandling 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 sensitivefield 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 coordinationof trainees in general-family medicine of university general hospital of Patras, theeconomic crisis has affected in various ways the life of modern Greeks. 70,3% of theparticipants state that its monthly income is inadequate for the purchase of thenecessary 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 economicweakness. 1/3 of the sample requested that the doctor prescribes a cheapermedicament. 73,8% would accept a prescription of an equally efficient but cheapermedicament, 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 medicationis connected to high rates of stress, anxiety, depression and sleeping disorders.

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5.Tragic situation in hospitals due to serious shortage in basic items
Serious shortages of disposable materials are observed in hospitals in Atticaand the Country. The doctors of the National Healthcare System clarify that thebiggest problems appear in the excessively indebted hospitals, which are suppliedby the dropper. Indicative of situation is the decision of the Attikon hospitaladministration to suspend the operation of Cardio Clinic.In AHEPA hospital, after the shutting down of the Cardio clinic, throughwhich the appointments were scheduled for the patient having to undergo acardiogram or stent placement, the Vascular clinic was also shut down since thematerials used are expensive and there are money for their purchase. Problems areexpected to arise also in the Opthalmological Clinic due to shortage of PhakicRefractive Lenses.The administration of AHEPA hospital filed a report against those responsiblein the District Prosecutor of Thessaloniki regarding the shortage. The ProsecutorIoanna Katsi ordered a preliminary examination, in order to determine if the crimeof exposure to danger and omission to prevent common danger is committed viathe suspension of supplies of disposable materials.In Chios island the patients’ relatives are forced to buy on their own cathetersor plaster, while the same happens in Serres and Larissa, where the patients aredaily 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 theHippocrateion Blood Donor Center with blood utricles. Moreover,transplantations have been stopped hence the collected 800 blood utricles cannotbe controlled due to shortage of reagents.In Rhodes according to surgeon Vasilis Kinou the waiting period for thesurgery reaches a full semester, and one year in the Orthopedics clinic, again dueto shortage of material and personnel.

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6. Patients suffering from cancer and other serious illnesses without medication
Lack of money in healthcare as a problem is assuming large dimensions.Besides the suppliers embargo on hospitals, the administration of medication hasceased for the insured, even for the seriously ill, like cancer-patients for instance.Pharmacists, drug stores and pharmaceuticals no longer provide the neededmedication due to the large debts of the National Healthcare Organization, thusendangering human lives.23 associations of cancer patients and volunteers addressed a letter demandingthat public authorities and politicians assume their responsibilities. The letter,which is acquainted to the Ministries of Health and Finance as well as to theleaders 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, weaddress you in a last effort to make the urgent situation that threatens not only thedignity but also the course of the disease and the life of cancer patients,understood, which is created on account of the discontinuation of medicationdistribution, that they need and are entitled to.The cries of agony that reached the Media cannot at its least depict the despairand deadlock to which cancer patients and other seriously ill are daily led . Thediscontinuance of the on credit medicine-administration, is forcing cancer patientsto interrupt their treatment, since they cannot cover the high costs of medicaments,relying on “god knows when” regarding reimbursement from the insuranceorganizations.It should also be taken into account that unpaid bills for disposable materials(oxygen, catheters, urine collectors, tracheal tubes etc), which cancer patients havepaid submitting the relevant receipts to the insurance organization, are pending formore than 6 months. So far no provision has been made for their payment, thusresulting in the financial asphyxiation of patients and their families. All the abovementioned constitute a threat for the lives of cancer patients and are assuming thedimensions of a humanitarian crisis, whose confrontation is according to theConstitution imperative.
7.Three suicides every 2 days in Greece
Suicides all over the country, completed or at attempted, have met a dramaticincrease 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 andattempts of such, that depict the huge social deadlocks caused by the economiccrisis. 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 indicatorspointing at a significant upward tendency from 2009 to 2010, while the countrymarched deeper into the eye of the cyclone. The increase of suicides is observedmostly in 2010 compared to 2009, given that -according to data from 14peripheries- 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 alsoamong young people that have just completed their studies and find themselvesbefore the “now what” question.

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8. Reports for collapse of students due to hunger!
The congress of the Panhellenic Association of Private and Public SchoolCanteens in cooperation with the Union of Public Schools Rent Canteens in AttikaPrefecture, on the topic “The role of the Canteen in times of crisis” depicted a grimreality. One of the most dramatic features that the financial crisis gave birth to, is theissue of children malnourishment which threatens a number of areas in Greece, withchildren deprived of primary articles on account of high unemployment or/and lowliving standard. Many congress speakers underlined that “There is no State, there isno political will”, given that despite the existence of special European funds aimed atproviding meals, fruits, vegetables, dairy products, these are not absorbed. The Stateis absent, watching apathetically students been malnourished and passing out beforethey eyes of co-students and teachers.

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9. Shutdown epidemic in business
The ratio of closed to open businesses has had an increase of about 30% compared tolast year, according to a National Co-Association of Greek Commerce survey. Asstated in the new survey-registry of closed businesses “we can refer to a shut downepidemic in the market, which continued and increases like an infectious disease”. InAttika the ratio of closed to open businesses is 25,6%, meaning that 2.374 businesseshave been closed in a total of 9.275.The situation in the centre of Athens remains critical and even worse compared to lastsemester, as the ratio of closed businesses reached 29,6%, from 24,4% of August2011 and 23,4% of March 2011. More critical seems to be the situation in Stadioustreet (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 theratio reaches a 33,8%

Businesses shutting down as a result of lack of cash-flow in the market. Asphyxiationin 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 placeas part of the Trade Exchange network launching and aims at helping businessesprotect themselves from credit-related dangers.The survey (5-25 April), which included 445 financial directors of the most importantbusinesses 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 creditperiod as opposed to just 24,3% which increased credit period, which shows that ingeneral 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 creditpolicy.A 74% of businesses set as a priority the protection of their viability compared to a22,4% which set growth as main goal.Moreover, it was also accrued that 43% of companies have reduced their investmentrelated activities, while a small 22% have increased them, a result that is definitelyaffected by the financing needs.

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10.Abysmal conditions in prisons
The situation in the greek prison system is also abysmal with the largestcongestion within the EU and an occupancy rate at 129,6%!According to EU statistics there were 11.547 imprisoned people in greek prisonsduring 2009-2010. From them 27,4 remain a custodial imprisonment and the rest areconvicts and minors at a 4,4%.The alarming picture observed today with regard to the imprisonmentconditions, 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 waspublished by the European Commission on June 2011.From that Green Bible data, it is accrued that prison congestion is a serious problemin 13 state-members, with the higher congestion rates observed in Bulgaria, Italy,Cyprus, Spain and Greece. Especially for Greece based on 2009-2010 data theoccupancy reached a 129,6%.Hundreds of arrests from the Financial Police.510 citizens arrested throughout the country have a debt reaching one billioneuro. From the moment that Financial Police started operating, in order to trace state-debtors, 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 andThessaloniki.

 

11. 7 out 10 young Greeks consider migrating.
In the last years in Greece a phenomenon forgotten for decades has beenrekindled and climaxes dangerously, namely the fact that thousands of Greeks aremigrating in search of a better luck. Greece, that in the post war era was an immigrantexporting country, turned after 1990 into a country of reception, and yet now in theIMF 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 thispoint 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 theconfrontation of the economic crisis, while 70% state that it is better when youngpeople leave Greece, and believe that they cannot contribute to a better society bystaying. These are the results of a Focus Bari survey on the subject “economic crisisthrough the eyes of 20 year olds” which emphasizes the migrating phenomenon thatstems from the crisis

 

12. Crisis reduces the life expectancy of Greeks.
Experts anticipate a rapid increase of cardio-related diseases due to theeconomic crisis. According to scientists the close relation between crisis and cardiodiseases has been proven repeatedly in other countries, and now the “experiment” isin progress in Greece, with Greeks participating involuntarily and paying it with theirhealth.As exhibited at the 27th International Convention for Clinical Cardiology, it isrecorded that cardio-related diseases have significantly been increased in countriesstruck by crisis. Unemployment, despair and frustration have contributed decisively inthe rapid increase of heart attacks and strokes in Greece as cardiologists estimate, whoalso underline that many patients give their treatment up or delay visiting their doctorbecause they cannot respond to the costs (visit and medication).Strokes and heart-strokes in Greece “reap” as a result of economic crisis, impressiveincrease 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 andProfessor 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 attacksand 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 theinability 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 relationof psychological diseases to financial debts is direct. According to statistics of theMinistry of Health, in the period 2007-2011 an increase of 36% has been observedwith regard to suicide attempts of desperate people.

Suicides also increased dramatically, given that in the first semester of 2011suicides increased by 45% compared to the respective period of 2010. The evidencewere 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 mentaldiseases, the situation regarding psychological health of Greeks is especially negative.23% of persons with mental diseases have loans. Low income and low class areconnected to the appearance of psychological diseases”.Unemployed as well as persons facing the danger of unemployment belong tothe high risk groups, together with the representatives of the so called weaker sex, thatin the case seem to verify the given characterization, at least in matters of psychological endurance and health. Pensioners also belong to the collateral damagesof 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 2012compared to the respective period of 2011, according to a European Commissionreport on the social situation in Europe. 64% of Greeks between 15-35 years of agedeclare 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, by660.000 in Spain, 210.000 in Portugal and 180.000 in Italy.The Commission states that Greece belongs to group of countries where adeterioration of employment rates in the fields of services and constructions isexpected for the second semester of 2012.Moreover, according to the Commission report during 2008-2011unemployment among citizens of age between 55-64 was doubled in six member-states: 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 towork. The European average is 53%, while respective high rates are observed inSpain and Ireland (67%) as well as Portugal (57%).

The Commission describes the dim perspectives of the situation of homelessin Greece. As underlined in the report, in 2011 homeless in Greece were increased by25% compared to 2009, and now amount to 20.000. Over 50% of them are traced inAthens and Piraeus (11.000 in total, 8.000 of them Greeks).The homelessness problem also appears in cities like Chania, Herakleion andTrikala, as the Commission states.It is underlined in the report that due to the crisis the number of homelesspeople with academic education that had a satisfactory life standard has grown,people that did not have psychological or addiction problems and cannot make doanymore, having lost their jobs.The Commission also stresses that 68% of the Greek population is livingunder conditions of poverty (meaning with an income of less than 60% than averagenational 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

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According to Article 5 of the Statute of Rome which prescribes the crimesfalling 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 inaccordance 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 describein the possible extent, the behaviors that constitute the Court’s ratione materiae. Inthat sense Article 7 is defining Crimes against humanity, enumerating certain acts andfurthermore setting out two additional conditions: (a) the performance of these acts aspart of a widespread or systematic attack directed against any civilian population, and(b) the knowledge of the attack. According to the aforementioned article the followingacts -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, inconnection 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 statingthat 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 anycivilian population, pursuant to or in furtherance of a State or organizational policyto commit such attack;

“”Extermination” includes the intentional infliction of conditions of life, inter alia thedeprivation of access to food and medicine, calculated to bring about the destructionof part of a population;”,

and moreover that

“”Persecution” means the intentional and severe deprivation of fundamental rightscontrary to international law by reason of the identity of the group or collectivity;”
“Attack directed against any civilian population” means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against anycivilian population, pursuant to or in furtherance of a State or organizational policyto commit such attack;
“
“Extermination” includes the intentional infliction of conditions of life, inter alia thedeprivation of access to food and medicine, calculated to bring about the destructionof part of a population;
”,and moreover that“
“Persecution” means the intentional and severe deprivation of fundamental rightscontrary 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 itcan be widespread or systematic or widespread and systematic. The term”widespread” refers to the scale of the attack and the number of victims. It couldrelate to the broad magnitude of the results of the series of acts or may even relate toone 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 veryoften be evidenced by planning or organization by the accused. It is clear too that theattack on any civilian population need not be part of an armed conflict. In that sensethe 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 civilianpopulation, and therefore single, isolated, dispersed or random acts that do not rise tothe level of crimes against humanity, and cannot be prosecuted as such. The presenceof a few soldiers among the civilian population is not sufficient to deprive it of itscivilian character. Third, they must have been committed pursuant to ”a State ororganizational policy”.

Mindful that the Statute was drafted so that the most serious crimes of concernto the international community as a whole do not go unpunished and that theireffective 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 theCourt is deemed to be part of the implementation of jus cogens—the highest standingin international legal norms. Thus, the protection afforded in relation to crimes againsthumanity constitutes a non-derogable rule of international law. The implication of thisstanding is that these crimes are subject to universal jurisdiction, meaning that allStates can exercise their jurisdiction in prosecuting a perpetrator irrespective of wherethe crime was committed

It should be stressed that these crimes consist of the most barbaric atrocitiesand humiliations, and fall outside the legitimate realm of sovereign self-determination. Crimes against humanity assault the individuality by attacking aperson solely because of the groups to which he/she belongs, and they assaultsociability by transforming political communities into death traps for their members-individuals. 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 dulyinvestigation, it is evident –in view of the facts that have already been analyzed- thatthe Greek people have become the victims of such a crime. They suffered asystematic attack directed against their civil and human rights, property, dignity,prosperity and well-being, which assumed the form of the official EU-IMF fiscalpolicy, thus forced to conceive a series of violations in the name of financial andmainly statistical correction

The attacks –as analytically displayed under the I section- have causedunprecedented recession, impoverishment, unemployment, hunger, inability to accessbasic and primary healthcare and medication, pauperization of seriously ill personsand their families, increase of homelessness, prison congestion under sordidconditions, the annihilation of business activity, a constant migration flow of youngGreeks and have triggered a series of mental and psychic diseases that in many caseshave been proven fatal in view of the multiplying suicides attempts.

In that sense the Greek people have become victims of extermination, whichpursuant 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 andmedicine. That the followed restrictive policy would bring about these catastrophicevents could be foreseen and was indeed foreseen by some economists, was howeverundoubted and amply visible after the implementation of the first “correctional”measures. The degradation of living standards was imprinted on any serious analysisof the reality in Greece, while even the effectiveness of the fiscal plan was -with rigidarguments- questioned. It follows that the destruction of part of a population wasforeseeable and in every event intended, or in other words calculated by those whoconceived the grandiose scheme of our “salvation”. The statistical data provided toyou depict exactly the dimensions of the extermination, which aims –having assumedvarious 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 theenjoyment of several rights such as respect of human dignity, protection of property,protection of workers rights, guarantee of existence-minimum, freedom to exercise aprofession, protection of justified trust, access to healthcare, which in total led to theviolent 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 theoccasion only of its national identity. Moreover the attack is present and systematic asit has the characteristics of an organized and planned policy, and is implementedthrough the enforcement of international memoranda, dictated laws and administrativemeasures.What especially should be taken into account is that: (a) the attack waslaunched willfully, (b) its results could and were indeed foreseen, (c) the attemptedfiscal correction was from the beginning disproportionate and therefore ineffective,(d) it could be implemented with less violent measures, or during a longer transitionalperiod that could relieve the inflicted collateral damages.

In this frame the role of the respondent persons was that they -together orindividually- coerced with means of political violence the introduction andimplementation of those measures that causally led to the extermination and persecution
of the people of Greece, notwithstanding though knowing theconsequences that would stem from their acts as well as the extent of the damage, andfor that reason they are culpable for committing a Crime against Humanity, underarticle 7 of the Statute of Rome.It should moreover be recognized that under the influence of the globallyprevailing conditions, the concept of “attack” has been radically transformed and hasassumed new possible forms. And while war, in its typical understanding, or war-likeevents 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 howeverpresent 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 thereare -directly at least- no casualties, the results are equally catastrophic, affectingpeople, infrastructure, and causing degradation, displacement, moral and physicalexhaustion, and in that sense they meet the prerequisites of atrocities, in other words of crimes against humanity.

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III. Culpability of each of the persons against whom the presentreport/request is filed.

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With regard to the extent of responsibility of each of the perpetrators thefollowing clarifications are essential.Christine Lagarde as the head of IMF is together with the rest of the Troikamembers responsible for the drawing and the implementation of the plan thatsupposedly would bring about the country’s salvation. Even under the most optimisticscenario, the austerity measures being imposed on Greece have caused a recession sodeep that the country will not be able to revive. Moreover the main principlescontained 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 thebroad and obvious inefficiency of the program to achieve the set goals, its initiatorsremain committed to its continuance and demand abidance to it, conscious of itsdevastating 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 austeritymeasures visible to the whole world, Christine Lagarde while interviewed insisted thatit 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 moresympathy for children deprived of decent schooling in sub-Saharan Africa than formany of those facing poverty in Athens, and also that Greek parents have to takeresponsibility if their children are being affected by spending cuts, thus recognizingthe terrible state of the Greek population, but refusing to contribute in its relief by thesimple way of expanding the timeline of implementation. She then rounded up thesestatements after international outcry, but could not deflect the suspicion –turned intocertainty- that the cruel policy followed, has solely a punitive and exemplary purposeand disregards the harm inflicted to the Greek people.

The same apply mutatis mutandis for German Chancellor Angela Merkel andFederal Minister of Finance Wolfgang Schäuble, who repeatedly reject protests aboutthe rigid character of the program in an effort to enforce the spirit of fiscal disciplineover the people of Europe, causing the impoverishment of an entire nation merely forsymbolical reasons. Furthermore, it has been pointed out that Germany despite thetransfer payments that had to operate as part of the bail-out plan in fact has benefitedgreatly from retaining Greece in the state of pariah, mainly for two reasons: on onehand the invasion of German capital institution in Greece is facilitated through theacceleration of privatization process, which -under the current circumstances of totaldepreciation of public property- cannot be advantageous for the Greek State, butwould lead to a damaging expropriation of public property. On the hand the GermanState is benefited thanks to the zeroing of German borrowing costs, resulting from theongoing turmoil in finance markets and the relevant hesitation of investors to trust theinsolvent 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. Inthat manner the financial benefits for Germany surpass the ostensible losses (giventhat 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 aboutmajor opportunities of dominance for Germany as a creditor.

Regarding Manuel Baroso and Herman Van Rompuy, both institutional organsof the European Union, set to protect and defend the common interest of state-members, it is evident that they have derogated from their duty to stand withsolidarity next to Greece, and have allowed the economic crisis to take the proportionsof a humanitarian crisis through their acts and omissions. In cooperation withChristine Lagarde, Angela Merkel, and Wolfgang Schäuble they victimized theGreeks and rendered them into scapegoats of the European Union, particularly inrelation to “Greek statistics” (term which prevailed in the vocabulary of the financialand political world and gained a new, autonomous meaning referring to fraud anddeception), 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 theexisting restrictive fiscal policy. In other words they preferred to manipulate Greek people and cause their exemplary punishment and degradation so as to obviate thehumiliation of the Agency.

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In view that according to Article 4 the Court may exercise its functions andpowers, on the territory of any State Party and, by special agreement, on the territoryof 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, thenational laws of States that would normally exercise jurisdiction over the crime,provided that those principles are not inconsistent with the Statute and withinternational law and internationally recognized norms and standards. Having in mind that the application and interpretation of law pursuant toStatute must be consistent with internationally recognized human rights, and bewithout any adverse distinction founded on grounds such as gender as defined inarticle 7, paragraph 3, age, race, colour, language, religion or belief, political or otheropinion, national, ethnic or social origin, wealth, birth or other status.

In view of the fact the Statute applies equally to all persons without anydistinction based on official capacity. In particular, official capacity as a Head of Stateor Government, a member of a Government or parliament, an elected representativeor a government official shall in no case exempt a person from criminal responsibilityunder 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 officialcapacity of a person, whether under national or international law, do not bar the Courtfrom exercising its jurisdiction over such a person.

 

For all the above reasonsWe request:

the initiation of an investigation against Christine MadeleineOdette Lagarde, Angela Dorothea Merkel, Wolfgang Schäuble, José ManuelDurão Barroso and Herman Achille Van Rompuy for committing individually ortogether, crimes against humanity as a part of an organized attack against thepeople of Greece.