European Parliament’s LIBE Committee calls for independent investigation into Tempe train collision case
Arvanitis highlighted the European Parliament’s resolve in ensuring accountability and transparency in the investigation, stating, “The European Parliament says ‘no’ to the cover-up and is not going to close the case before answers are given and before responsibilities are assigned. We are here. Until we know the whole truth. Until justice is served.”
The LIBE committee also expressed its support for the investigation initiated by the European Public Prosecutor’s Office into the alleged misuse of EU funds by the Greek authorities, which may have indirectly contributed to the circumstances leading up to the crash. This investigation seeks to determine if there was financial mismanagement that could have impacted the safety measures or infrastructure of the rail network, potentially endangering the financial interests of the EU.
As the investigation continues, the LIBE committee remains vigilant in monitoring the proceedings, emphasising the urgency of bringing those responsible, including any government officials at fault, to justice without undue delay.
The letter from the president of the LIBE Committee:
Dear Ms. Montserrat,
Thank you for seeking the LIBE Committee’s opinion with regards to elements raised in petition 0024/2024 by Maria Karystianou, on behalf of the ‘Group of persons affected by the train accident at Tempi’, on the train collision at Tempi, Greece. The petitioner raised specific concerns linked to alleged corruption and financial crimes investigated by the European Public Prosecutor’s Office and alleged manipulation of the judiciary that led to a stagnation of the investigation, 11 months after the tragic accident. The petition also calls on the Parliament to uphold the alleged depreciation of the rule of law and of the European values in Greece, in order to allow the punishment of those responsible for the tragic incident.
Below we would like to share with the Petitions Committee several aspects of our work with regards to the situation of the rule of law in Greece and our exchange with EPPO on the main findings of its report following the investigation into the subsidies for a rail safety system in Greece.
On the situation of the Rule of Law in Greece, the LIBE Committee is following the rule of law situation in all EU Member States as part of the annual cycle linked to the Commission report on the situation of the rule of law. Also, scrutiny of the rule of law situation in specific countries is enhanced by the Democracy, Rule of Law, and Fundamental Rights Monitoring Group (DRFMG). This Working Group has organized several sessions dedicated to the Rule of Law situation in Greece with participation of various stakeholders, including national authorities representatives, the latest being held on 4 April 2024.
At the initiative of the DRFMG, LIBE has organized on 6-8 March 2023 a mission to Greece. The mission report expresses severe concerns about very serious threats to the rule of law and fundamental rights and stresses that checks and balances are essential for a robust democracy and notes with concern that they have come under heavy pressure in Greece. The report also notes that the justice system is extremely slow and ineffective, which leads to a culture of impunity and that corruption is eroding public services and goods. It also stresses that media pluralism is under threat as media ownership in the country is mainly distributed among a small number of oligarchs, resulting in dramatic under-reporting on certain topics, such as the circumstances leading up to the Tempi train accident.
As a follow up of the monitoring activity of LIBE and of DRFMG, the Parliament adopted on 7 February 2024 the resolution on the rule of law and media freedom in Greece. This resolution stresses “with severe concern that corruption is eroding public services and goods and underlines that the length of judicial proceedings (…) will lead to a culture of impunity where corruption can thrive”. The resolution also underlines that “the authorities have yet to establish a solid track record in the investigation and prosecution of high-level corruption cases that lead to final convictions with a deterrent effect and calls on the government and the authorities to remedy these issues as a matter of priority”. As regards the Tempi accident, the Parliament believes that it is “crucial that the judicial investigation into the Tempi train disaster be conducted swiftly and comprehensively, covering all actors involved, including responsible government officials”. This is especially crucial against the background of the reported breach of the integrity of the crash site and the tampering with evidence.
Furthermore, the resolution states that the Parliament “is not satisfied with the scrutiny carried out by the competent committee of the Greek Parliament, as it appears to lack political impartiality and to be reluctant to call on key expert witnesses to testify”.
In the resolution adopted on 28 February 2024 on the latest annual report of the Commission as a follow up of a report by the LIBE committee, it is noted that the Commission finds that increased resources for the judiciary and other measures taken by several Member states, including Greece “have not yet resulted in a reduction as regards the length of proceedings, with backlogs of cases remaining a serious challenge”. The resolution also notes “the perceived levels of corruption” in several Member States, including Greece and acknowledges the important role of the European Public Prosecutor’s Office (EPPO) in safeguarding the rule of law and in combating corruption in the Union, and encourages the Commission to closely monitor Member States’ level of cooperation with the EPPO in subsequent reports. This is urgent in light of reports that the work of EPPO is challenged by a lack of cooperation of the Greek authorities, as indicated by Ms Kövesi herself in public statements, and which risks to be aggravated by recently proposed legislative changes that limit the ability of the European Public Prosecutor to cover certain misdemeanours.
On alleged corruption and financial crimes investigated by the European Public Prosecutor’s Office (EPPO), the Parliament resolution of 7 February 2024 on the rule of law and media freedom in Greece, notes that “the EPPO launched an investigation on 28 November 2022 into the abuse of EUR 700 million in subsidies for a rail safety system”. It also notes that “23 people have since been arrested in connection with the scandal, except
for (former) government ministers who are shielded from prosecution through a decision of the Greek Parliament, for which the Greek Constitution was invoked”. The resolution also underlines “the deep concern linked to the Greek Parliament’s refusal to conduct an investigation as requested by the EPPO regarding two former ministers for transport”.
As a follow-up to the publication of the 2023 activity report of the EPPO, the LIBE and CONT committee have held a joint meeting on 10 April 2024 on the main findings of the report, presented by the European Chief Prosecutor. The LIBE committee insists on the urgency of taking all the necessary steps towards conducting a thorough and effective investigation into the Tempi train accident without any interference from the government, and to bring those involved, including responsible government officials, to justice without delay. The LIBE committee welcomes the investigation launched by the EPPO on whether the use of EU funds by the Greek authorities has caused possible harm to the financial interests of the EU and awaits its final results.
The LIBE committee will continue its constant monitoring of the rule of law situation in all EU Member States, including Greece, in the next legislature.
I trust that the information above will be useful in your follow-up of this petition.
Yours sincerely,
Juan Fernando
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