Responding to recent developments, constitutional law expert Xenophon Kontiadis posted their reaction to former Deputy Minister to the PM and MP Christos Triantopoulos’ call for his case on the alleged Tempe train crash cover-up to be sent directly to the judiciary, avoiding the parliamentary investigative committee. Kontiadis asserts that Triantopoulos has no authority to make such a request, emphasizing the critical role of the parliamentary inquiry committee in determining prosecutions and charges. He also highlights the importance of revising Article 86 of the Constitution to prevent the ruling majority from shielding ministers, warning that the government's mishandling of the situation has triggered a crisis in democratic institutions.

As a reminder, the parliamentary investigation committee was established in order to examine former Deputy Minister to the PM and MP Christos Triantopoulos’ involvement in the backfiling of the wreckage site which led to losing crucial evidence for the Tempe case. Triantopoulos has requested that his case regarding the alleged cover-up at the Tempe train crash site be referred directly to the judiciary, bypassing the parliamentary investigative committee. In a letter to the committee, he emphasized his innocence and argued that in the current climate of political polarization, any committee findings would be contested and could unfairly damage his reputation. He insisted that only an independent judiciary, rather than a politically influenced committee, should assess the case.

Expert asserts Triantopoulos lacks authority to block parliamentary inquiry

Xenophon Kontiadis, a constitutional law expert, Professor of Public Law and Social Administration at Panteion University, and President of the Centre for European Constitutional Law, has stated that:

“Mr Triantopoulos does not have the right to determine whether the parliamentary inquiry proceeds or not, just as no suspect or accused person can stop an investigation or interrogation from happening.”

He stressed:

“The role of the preliminary investigation committee is crucial, as it decides, first, whether further individuals will be prosecuted, and second, the precise charges that Parliament will pursue. If the offense in question is later reclassified, for instance, from a misdemeanor to a felony by the Judicial Council, the case file must first be sent back to Parliament.”

“This is an extremely important matter, particularly in relation to the timing of the prosecution, considering the government’s five-year delay in amending the statute of limitations under the law on ministerial responsibility.”

Kontiadis urges reform of Article 86 on ministerial immunity and calls on at least one MP from the ruling majority to stand against this constitutional violation.

 

“It must indeed be reformed so that the ruling majority cannot shield its ministers and former ministers, as we have repeatedly witnessed. However, until constitutional reform is enacted and a new process and judicial body are established for prosecuting ministers, it is unthinkable to violate the existing Constitution yet again merely to conceal the full truth and shield all those involved in a crime that has shaken Greek society. Due to the government’s poor handling, this has also triggered a crisis in democratic institutions.”

“I sincerely hope that at least one MP from the ruling majority, who is a member of the investigation committee, will refuse to participate in such a blatant constitutional violation related to the Tempe train disaster. Just one is enough!”

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