By Yannis Anifantis

The establishment of a special parliamentary committee “According to Article 86 (3) of the Constitution to investigate any of the former Minister of Infrastructure and Transport, Mr Karamanlis of the Duty of Violations (between September 2021 until February 2023) regarding the possible omission of a sufficient framework for the funding Staff » The government majority proposes with a proposal that it has recently submitted to Parliament.

In the 22 -page text, the proposal to conduct a pre -trial investigation is solely for the term of office of K. Karamanlis since September 2021 (when the 2 aggravating letters included in the case file for the underfunding and underfunding of OSE until 28th). At the same time, the ND for former SYRIZA Minister Christos Spirtzis sees that “its responsibilities for delaying the completion of Convention 717/14” arises, however, “any of its ministerial offense cannot be investigated due to the expiry of the 36 -year -olds. 86 p during the 2019 Constitutional Review. “ “Any omissions that could be attributed to him have the time of commitment preceding the constitutional review and therefore the most stringent provisions of the current Article 86 p. Equipment in the position of the latter had been eliminated in the latter,” the same sources had already been eliminated, “the same sources said.

According to ND sources, the study of the data forwarded by the Respondent Investigator to Parliament arises as follows:

– The supervision of the Ministry of Infrastructure and Transport for OSE SA and ERGOSE SA is administrative and does not concern security issues for which the Railway Regulatory Authority (RAS), which is an independent authority, is responsible. It should be noted that before the tragedy of Tempi, both RAS and the European Railway Organization had issued security certificates that covered both OSE as a rail infrastructure manager and the Hellenic Train as a railway company responsible for passenger and cargo.

– OSE is a public limited company, that is, a legal person with administrative and financial autonomy, manager of the railway infrastructure and responsible for compliance with security rules. In fact, the Directors of the Ministry claimed that even after the Tempe accident, the changes were made by OSE decision and not the Ministry. The political leadership of the Ministry of Infrastructure and Transport, according to the Apology Director of the Ministry, took actions regarding the enhancement of OSE funding and staffing in order to address the timing problems of inadequate funding and the reduction of OSE employees.

As for the relationship between the categories against executives and the Minister:

– The indictment against the two directors of the ministry attributes them, inter alia, that they did not take actions (eg suggestions) to the Minister for any additional measures. Correspondingly to the indictment against the President of the RAS, it is noted that he did not submit proposals to the Minister to establish additional national rules and additional measures.

– Without taking a position on these categories, we find that the investigator is making a different criminal evaluation of the omissions of the two directors and the President of the RAS from those to be investigated in relation to the relevant ministers. Since the required investigator’s recommendations to the Minister was not made, it is clear that he cannot have a corresponding criminal liability. After all, the personal nature of criminal liability and its non -transfers from bosses to subordinates and vice versa is an elemental principle of criminal law. The existence of such responsibility, especially for omissions, is judged on the basis of the duties and the fault of each. General organizational or institutional responsibility is distinguished by the responsibility of those directly managing a field of social activity.

As for the separation of political-matters of responsibility:

– The genuine differentiation of policy from criminal liability is required.

– The only offense that could be linked to the exercise of ministerial duties when there is no financial mismanagement or corruption and committing infidelity and bribery offenses is that of the breach of duty no. 259 BC. On the basis of this provision, any responsibility of the Minister may be checked in its actual criminal dimension, which is whether or not to infringe on his or her own duties.

– If the non -implementation of the additional security systems was born for ministers, criminal liability, the Ministers of Infrastructure should be criminal accountants on a daily basis for accidents that have not been completed (Pyrgos – Patras, BOAK). Similarly, the Ministers of Health should be prosecuted for the timeless shortages of doctors or rescuers EKAB or for the insufficient logistic infrastructure of the health system etc.

‘No evidence of transactions of transport security’ – RAS and ERA certifications

In the ND proposal it is noted that:

– Studying the entire case file, and in particular the data transmitted negligently, there is no evidence that the political leadership of the Ministry of Infrastructure and Transport of the Controlled period has made acts of destruction, damage or movement of installations or transport, The rules of technical control or safe loading of transport or other, equally dangerous, for the safety of transport, as required by Article 291 CC, nor did it have intended or negligently in terms of disturbing the safety of the transport of a steady -tranquilized means of transport or in the cause of the deaths or the causes of the deaths or the deaths.

– In addition, on the day of the accident, OSE SA and Hellenic Train companies, according to the competent national and European authorities fulfilled the total conditions of safe execution of the route, during which the conflict occurred.

In particular, and:

– RAS As a National Railway Security Authority, he issued and granted to OSE SA:

(a) On 20/10/2021 a security certificate with validity until 03/10/2026, which confirms that RA It accepts the EU security management system, in accordance with national and European law without any restriction or observation and

(b) On 31/01/2023 Certificate of YSF (Body Conservation Manager) to the OSE infrastructure manager in accordance with national and European law.

On 06/02/2023 the European Union Agency for Railways (ERA) issued and granted the Hellenic Train Single Security Certificate with EU1020230029 and with a 5 -year validity, certifying the safety management system of the railway business, as well as the measures by the railway business, as well as the measures taken by the Railway Company, as well as the railway operations. It meets the specific requirements required by the safe operation of the relevant network, in accordance with national and European law. This certificate, issued by ERA, was in force for the transportation of passengers and cargoes.

The majority of the government states: “The ND, consistently in its position, does not stand in the way of justice, though it considers that the evidence of any criminal liability of Mr Karamanlis is not strong, it considers that they may constitute the evidence required by the law.”

In particular, the same sources note:

– From the apologetic memoirs and the subsequent examination by the Larissa investigator of the same officials of the Ministry of Infrastructure and Transport, some issues that need further investigation and evaluation of the criminal point are raised.

– In particular, it appears that in September 2021 the Rail Transport Department (Department of Railway and Combined Transport) had compiled and submitted two information notes to the ministry’s political leadership (on 10 and 21/9/2021), in which it raised issues of underfunding SA.

– With these notes, the aforementioned Directorate, after exposing the years of underfunding and incomplete staffing of OSE SA, requested in particular to find additional amounts for the funding of OSE, as well as to coordinate the necessary actions for the immediate recruitment of 290 people.

– From the details of the Tempe Criminal Criminal Court, which was attached to the Larissa Investigator’s transmitter document to the House, it is not clear what actions were taken by the Minister of Infrastructure and Transport Mr. Karamanlis, which included the recipients of the two officials. OSE company SA and its immediate staffing and

– Although there are reports of two employees on the Ministry’s actions to secure additional funding and the staffing of OSE SA, there are no further details in the case file to draw a safe conclusion on these actions.

– As a result, it cannot be determined whether Mr Karamanlis exercised his duties as Minister of Infrastructure and Transport, nor whether their possible infringement was responsible.

– It is therefore necessary for the full clarification of the case to consider whether there are any evidence of the dismissal exercise of the duties of Mr. Karamanlis on the basis of the above notes of the directors. In the event that these indications are sufficient in accordance with the law, it shall be charged with the criminal prosecution of the misdemeanor of the breach of duty against OSE SA.

You can see the entire New Democracy proposal here in detail.