Image by afsart via FlickrA year ago, [Dr. Dimitris Antoniou] submitted a lawsuit to the Greek courts accusing the government of betraying the country's constitution and charging them with high treason. The following article is a copy of this lawsuit. Brace yourselves... it is shocking!
... [Dimitris] Antoniou says that the terms of the loan agreement with the troika of the EU, IMF, and the ECB, are illegal. He says the three must be consulted in any changes to the Greek legislature - in order to get its emergency bailout loan, the government had to agree to change the country's labour laws and pension system - which should be the job of the Greek parliament. He also points to another clause of the bailout agreement which secures the assets of the Greek state against the loan. This, he says, equates to the Greek government giving up its sovereignty.
He compares the loan agreement to the occupation of Greece by Germany during the Second World War. "Nothing has changed, only the weapons. This time the weapons are the terms of the loan agreement."
His way of thinking is not uncommon in post-bailout Greece. Having dinner with Greek friends before I met Antoniou, one of them told me: "This is no longer Greece, our laws are not our own, we no longer exist as a country." And certainly the message from the many anti-bailout protests is that the Greek government only panders to its debtors while making life more and more difficult for the "ordinary people" - cutting benefits, pay and pensions.
... [Dimitris] Antoniou says that the terms of the loan agreement with the troika of the EU, IMF, and the ECB, are illegal. He says the three must be consulted in any changes to the Greek legislature - in order to get its emergency bailout loan, the government had to agree to change the country's labour laws and pension system - which should be the job of the Greek parliament. He also points to another clause of the bailout agreement which secures the assets of the Greek state against the loan. This, he says, equates to the Greek government giving up its sovereignty.
He compares the loan agreement to the occupation of Greece by Germany during the Second World War. "Nothing has changed, only the weapons. This time the weapons are the terms of the loan agreement."
His way of thinking is not uncommon in post-bailout Greece. Having dinner with Greek friends before I met Antoniou, one of them told me: "This is no longer Greece, our laws are not our own, we no longer exist as a country." And certainly the message from the many anti-bailout protests is that the Greek government only panders to its debtors while making life more and more difficult for the "ordinary people" - cutting benefits, pay and pensions.
From the Constitution of Greece:
http://www.hri.org/docs/syntagma/artcl50.html#A28
Article 28
1. The generally recognised rules of international law, as well as international conventions as of the time they are sanctioned by statute and become operative according to their respective conditions, shall be an integral part of domestic Greek law and shall prevail over any contrary provision of the law. The rules of international law and of international conventions shall be applicable to aliens only under the condition of reciprocity.
2. Authorities provided by the Constitution may by treaty or agreement be vested in agencies of international organizations, when this serves an important national interest and promotes cooperation with other States. A majority of three-fifths of the total number of Members of Parliament shall be necessary to vote the law sanctioning the treaty or agreement.
3. Greece shall freely proceed by law passed by an absolute majority of the total number of Members of Parliament to limit the exercise of national sovereignty, insofar as this is dictated by an important national interest, does not infringe upon the rights of man and the foundations of democratic government and is effected on the basis of the principles of equality and under the condition of reciprocity.
(bolds mine)
http://www.hri.org/docs/syntagma/artcl50.html#A28
Article 28
1. The generally recognised rules of international law, as well as international conventions as of the time they are sanctioned by statute and become operative according to their respective conditions, shall be an integral part of domestic Greek law and shall prevail over any contrary provision of the law. The rules of international law and of international conventions shall be applicable to aliens only under the condition of reciprocity.
2. Authorities provided by the Constitution may by treaty or agreement be vested in agencies of international organizations, when this serves an important national interest and promotes cooperation with other States. A majority of three-fifths of the total number of Members of Parliament shall be necessary to vote the law sanctioning the treaty or agreement.
3. Greece shall freely proceed by law passed by an absolute majority of the total number of Members of Parliament to limit the exercise of national sovereignty, insofar as this is dictated by an important national interest, does not infringe upon the rights of man and the foundations of democratic government and is effected on the basis of the principles of equality and under the condition of reciprocity.
(bolds mine)
Commas 2 and 3 are expecially relevant in the context of the international treatises the Greek Parliament passed, sanctioning and ratifying the access of Greece to the EU and the IMF, and the adoption of the euro as single official currency (hence the ECB as issuing authority).
The contents of the three International Loan Agreements and the Memoranda expose the Greek government’s concession of its legislative, juridical, and executive powers to the Troika. As declared in the Constitution of Greece, these constitutional and state powers belong exclusively to the Greek people.
The contents of the three International Loan Agreements and the Memoranda expose the Greek government’s concession of its legislative, juridical, and executive powers to the Troika. As declared in the Constitution of Greece, these constitutional and state powers belong exclusively to the Greek people. This is evidenced by the fact that almost all the terms and conditions of the three Loan Agreements and the corresponding Memorandums begin with predetermined edicts of the Troika which are then subserviently adhered to by the Greek government via a pseudo-voting process in the Greek parliament. The edicts authoritatively abolish the distinction of powers provided (Penal Code 134a) for by the Constitution of Greece (C.O.G. article 26,87) and this compliance is then reflected within the Greek parliament as the Troika dictates what measures and laws should be applied and voted upon. Specific edicts which can be found in the relative agreements are:
“The Greek government is bound to adopt and implement, …will be applied, …will change the law, …The Greek government will adopt legislation and take the necessary steps, …The Greek parliament will vote, …The Greek parliament will adopt…..” etc.
The Troika, literally determining the fundamentals of the state budget of Greece and its domestic policies, also dictates the following condition:
“The (Greek) authorities are committed to consult the European Commission, the ECB and the IMF if it intends to adopt policies which are inconsistent with this memorandum” (p. 1 of Annex IV n.3845/2010 MoU).
In other words, the Troika and ominously enough, NOT the “Greek government”, has veto power over ALL laws which would be brought to vote in the Greek Parliament! The same conditions are once again prescribed by the Troika within all of the articles of the Second Loan Agreement and the Second (revised) Memorandum of August 6, 2010 the latter of which is discussed further below in this discourse.
The aforementioned terms of the International Loan Agreements and the Memorandums constitute a transfer of the legislative, juridical and executive powers of Greece to foreign forces thereby violating Articles 1 & 28 paragraph 2 of the Constitution of Greece. Accordingly, the Greek government’s AUTHORITY (not only functions) is surrendered to the Troika. Subsequently, through the collaboration of the now subservient Greek parliament, the dictates of the Troika are imposed, violating the Sovereignty of the Greek People and Article 134 of the Penal Code.
Moreover, in accordance with Article 28 paragraph 2 of the Constitution of Greece, the International Loan Agreement was not legally ratified, nor even validated in pretense and therefore is inadmissible to parliament. Therefore, even if the Loan Agreement was validated by each and every parliamentarian (5/5), the Agreement would still be considered “treacherous”. Naturally, this crime of High Treason can not be dismissed as not even the 300 members of parliament can not “sign away” our national sovereignty to foreign powers.
The preceding Loan Agreement and Memorandum conditions violate Articles 1 and 28, paragraph 3 of the Constitution of Greece.The powers surrendered to the Troika, not only include an allotment of the implementation of our national sovereignty, but are granted as RIGHTS in the form of EXECUTIVE POWERS disregarding all of the prohibitive conditions set out within the last section of Article 28, paragraph 3 of the Constitution of Greece. Forming the basis of the national sovereignty of Greece (Article 1, C.O.G.), these conditions which specifically set reciprocity, equality and non-infringement as the “foundation of democracy” are vitally violated mainly by the terms and conditions of the Agreement and the Memorandum.
The specifics of my legal complaint as well as the provisions of Article 28 paragraph 2.3 of the C.O.G. constitute the “fundamental principles of the Constitution of Greece” (PC134 a). These are the principals which determine the international relations of our country in regards to the conservation and preservation of our National Sovereignty and Independence.
Additionally:
1a) Article 14 para.5 of the Loan Agreement states: ”
“The Borrower hereby irrevocably and unconditionally waives the immunity (of the Greek state) to which it is or may become entitled, in respect of itself or its assets in total, from legal proceedings in relation to this Agreement, including, without limitation, immunity from suit, judgment or other order, from attachment, arrest or injunction prior to judgment, and from execution and enforcement against its assets to the extent not prohibited by mandatory law.”
1b) According to article 14, paragraph 1, 2 & 3, the Loan Agreement shall be governed and construed in accordance with English law and the parties involved in the agreement undertake to submit any dispute which may arise relating to the legality, validity, interpretation or performance of the Agreement to the exclusive jurisdiction of the Court of Justice of the European Union.
In other words, if in the case of the demise of the territorial status of Greece, the Greek Government and it’s Justice system must rely upon the Troika for its legal rights. These terms equate to an unacceptable and unconditional surrender of the legal protection of Greece while simultaneously transferring the country’s jurisdictional power over to foreign forces.
2) Form of Legal Opinion: Article 12 of Annex 4, par.4 : “Neither the Borrower (namely the “Greek people” per se who become potential “slaves”!) nor any of its property are immune on the grounds of national sovereignty or otherwise from jurisdiction, attachment – whether before or after judgment – or execution in respect of any action or proceeding relating to the Agreement.”
The above condition defines the abolition of the physical existence of the Greek State and concedes our national sovereignty to foreign powers (Troika). The effectiveness of this article must be taken into account when evaluated in correlation with Article 13 of the Loan Agreement. The contract allows the Troika to assign and transfer their (the Lender’s) rights and obligations to foreign, friendly, and unfriendly third parties. Therefore the Sovereign rights of Greece are subject to third party assignment.
3) In Article 10 of the Loan Agreement , Greece grants the right to Troika to periodically evaluate the progress of the Greek Government’s implementation of the Troika edicts. These edicts impose policies and measures which affect each individual Greek citizen. This act in itself equates to the concession of the Executive Powers of the Greek Government and of the Parliament to foreign powers. Therefore, the Greek government and it’s Parliament, have effectively transferred to foreign interests (Troika) the country’s Legislative, Executive and Juridical powers. These three elements are the components of a popular sovereignty and comprise the fundamental principles of the Regime (Article 1 of the Greek Constitution). According to Article 134 of the Greek Penal Code, the violation of these three elements constitute HIGH TREASON. Furthermore, as highlighted within the specifics of my legal suit, the provisions of Article 28 paragraph 2, 3 are also the “fundamental principles of the Constitution” (PC 134a)
Furthermore, on December 1, 2010, I was in attendance when legendary Greek composer, Mikis Theodorakis announced the foundation of the “Spark” citizens’ movement. During the event, the author of the 1985 Constitution for Greek Prime Minister Andreas Papandreou, emeritus Professor of Constitutional Law, G. Kassimatis addressed the audience. He emphasized that IN THE COURSE OF WORLD HISTROY, NEVER BEFORE HAVE BEEN IMPOSED such conditions as those set forth within the Loan Agreements and the Memorandums. Never before, for any reason has a similar agreement been formed between states …not even between colonial and dynastic States! “These shameful agreements violate each of the fundamental principles of international and European law as well as those of the Greek Constitution” he stressed. Noting the agreements entitle the lenders, Professor Kassimatis drew attention to the fact that, if Greece does not respect the agreement it has signed, the Acropolis, Greek islands, air force and whatever else the lenders deem necessary can be confiscated. Declaring “Greece is no longer independent,” he called the Troika’s presence within Greece a “coup”, while emphasizing no one has the right to sell sovereign LAND and rights, because this means the total Abolishment of the Greek state.
The possible criminal responsibilities of the President of the Greek Republic, Karolos Papoulias
In this legal case, the public prosecutor will also examine another issue I have extensively included in my law suit which concerns the silence and inertia of the President of the Republic, Karolos Papoulias. The President’s lassitude in combination with treacherous acts, governmental oversights and the tragic occupation of Greece by “foreign forces” (Troika) constitute conscious violations of Articles 120 of Penal Code 14.2 and Article 2 paragraph 3 of the Greek Law 265/1976 (published in the Government Gazette A ’36 / Feb. 17 1976). Law 265 concerns itself with the “responsibility of the President of the Republic” in which the crime of “intentional breach of the Constitution by the President of the Republic” is defined.
In anticipation of great social unrest and resistance to any proposed “mandates”, the Troika imposed upon the Greek government to pass in the “Memorandum” (declared and voted by the Greek Parliament as Law-General Domain no. 3845/2010) Article 2 directs that the mandates of the Memorandums and Agreements are to be particularized, activated and executed, not through parliamentary voting for each particular law, but instead, through a simple Presidential Decree. No parliament voting procedure is necessary.
By passing such a law, the Troika and the Greek Government hoped to avoid public resistance while decreasing “political costs” and opposition pressure. Despite this “safety measure”, the President refused to sign the imperative Presidential Decree when it was submitted to him in June 2010 by former Labor Minister, Andreas Loverdos. Much to the dismay of the government, President Papoulia’s refusal to ratify the series of edicts set out by the Memorandum forced the government to subject them to vote in Parliament. This move resulted in huge political and social costs, demonstrations, disasters, human deaths and injuries. With the surprising refusal of the President to ratify the “mandates” (and forth coming mandates) all “reformations” were and are to be, subject to public scrutiny.
The ONLY explanation for the refusal of President Papoulia’s to sign the issued Presidential Decree is, having been fully aware of the unconstitutionality, illegality and the perfidious nature of the loan agreement and the Memorandum , he did not want to associate his name with such a treacherous law and contract. However, his refusal to sign the Presidential Decree is not sufficient to eliminate the criminal acts of which he is involved and committed through negligence and omission (P.C. article 14.2, Constitution. article 120). As the ratification of the Memorandums and the signing of the International Loan Agreements assimilated the circumstances of national Treason and Occupation, President Papoulia failed to act as obliged under such adverse conditions as ruled in the Constitution of Greece within article 120 and in association with PC 14.2. Specifically, the charges of “Guilt by Omission” lies in his failure to dissolve the parliament as decreed in Section 2, Article 41 of the Constitution of Greece. He, of course, has not done this.
In May 2010, I mailed a copy of my legal suit to the President, therefore, he was fully aware that he, along with the perjurous parliamentarians, would become an accomplice to treason if he signed the relevant Presidential Decree. However, the President didn’t just remain in that position… during a televised statement in the Presidential Palace on January 1, 2010 he stated: “… the Memorandum is causing the Greek people to suffer, however, the people understand that the path of the Memorandum is the only option, there is no other choice.” In other words, the President, speaking and acting as a Government Spokesman, illegally advertised and justified the act of National Treason for financial reasons! Furthermore, he practically, according to what I have presented here, has shown he believes the Memorandum as an accomplished and true fact.
The basic principles of democracy, by definition, are unique as they protect and preserve, before and above everything else, the civil and political liberties of its citizens. These basic precepts of democracy ensure all other state services, acts, financial, military, cultural, religious, and foreign policies serve the INDIVIDUAL AND POLITICAL RIGHTS as well as the LIBERTIES OF ITS PEOPLE. These very foundations are violated and catalyzed by our own “president” as he advocates and “legalizes” the treacherous International Loan Agreements and Memorandums, thus CONFESSING to the destruction of Democracy and the Democratic Constitution of Greece.
Ergo, in summation, I surmise there are grounds of infringement as supported by the following provisions:
The Constitution of Greece: Articles 1, 120, 41
Penal Code: 14.3, 135 (preparatory acts of treason)
Greek Law 265/1976 (see also page 18)
Dr. Dimitris Antoniou PhD
FRCS, General Surgeon
Contact Telephone:
January 13, 2011
Halkida, Greece
January 13, 2011
Halkida, Greece
GREECE: MEMORANDUM OF UNDERSTANDING ON SPECIFIC ECONOMIC POLICY CONDITIONALITY May 3, 2010″, http://www.imf.org/external/pubs/ft/scr/2010/cr10111.pdf
EUR 80 000 000 000 LOAN FACILITY AGREEMENT between THE FOLLOWING MEMBER STATES WHOSE CURRENCY IS THE EURO:
The Constitution of Greece:
MEMORANDUM OF COOPERATION BETWEEN: the HELLENIC STATISTICAL AUTHORITY (EL.STAT.), and the GENERAL ACCOUNTING OFFICE (GAO) and the BANK OF GREECE (BoG) http://www.statistics.gr/portal/page/portal/ESYE/BUCKET/A0701/PressReleases/A0701_SEL04_DT_AH_00_2010_01_F_EN.pdf
The Law submitted to Parliament in reference to Loan Agreement with the Troika (Greek): http://diodoros.wordpress.com/
Law 3845 2010 memorandum EU IMF Greek Parliament (Greek): http://www.filestube.com/dlcqkHz5OMpVprR5yklCOX/Law-3845-2010-memorandum-EU-IMF-Greek-Parliament.html
*Dear Reader, Please note the definitions of the following terms and initials utilized in this discourse:
Troika = European Union, European Central Bank and the International Monetary Fund
MoU = Memorandum of Understanding
MoU = Memorandum of Understanding
COG = Constitution of Greece
PC = Penal Code
Dimitris Antoniou’s lawsuit was initially submitted to the Public Prosecutor of Halkida on May 27, 2010. Finally, due to jurisdiction locality, the lawsuit received the following file number: ABM: ID. 10/19743/15-10-2010 of the Prosecutor of Athens
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