The parliamentary group of New Democracy is calling for the establishment of a special preliminary investigation committee to assess whether former Minister of Transport and Infrastructure, Kostas Karamanlis, committed a misdemeanor by breaching his duty. This proposal is set to be presented to the Plenary of the Hellenic Parliament shortly.
The documentation from the New Democracy parliamentary group, as reported by protothema.gr, summarizes key findings from a detailed case file prepared by the appellate judge-investigator Sotiris Bakaimis concerning the Tempi incident. It proposes the formation of a “Special Parliamentary Committee” as per Article 86, paragraph 3 of the Constitution to investigate potential breaches of duty by Konstantinos Karamanlis, son of Achilleas. These breaches are said to have occurred from September 2021 to February 28, 2023, involving allegations of violating Article 40, paragraph 3 of Law 4974/2022. The intent was apparently to inflict financial harm on Hellenic Railways Organization (OSE S.A.) through willful omissions, specifically by failing to:
a. Establish a suitable funding framework for the railway sector;
b. Provide the necessary public resources for the maintenance, repair, expansion, and renovation of the railway network and draft an appropriate budget based on a strategic investment program funded by public investment programs or the Recovery and Resilience Fund, including staffing OSE S.A. for its effective operation.
The investigation will focus exclusively on Mr. Karamanlis’s actions from September 2021—when two troubling letters regarding OSE’s funding and staffing were sent to him—up to February 28, 2023, the date of the tragic railway incident. Though there are hints of criminal offenses involving Christos Spirtzis, the former Minister of Infrastructure and Transport under SYRIZA, no action is being pursued due to the statute of limitations having expired.
New Democracy’s rationale includes the following points:
The accused officials argued convincingly that oversight of OSE S.A. and ERGOSE S.A. by the Ministry of Infrastructure and Transport is purely administrative and does not encompass safety issues, which are managed by the Railway Regulatory Authority (RAS).
Moreover, OSE S.A. is an autonomous legal entity responsible for the railway network. It was noted that even after the Tempi incident, any safety changes were implemented by OSE, not by the minister at the time.
Following the identification of the need for additional funding and staffing in ministry documents, steps were reportedly taken by the political leadership to secure both by announcing permanent positions and engaging service providers.
Ultimately, before the Tempi tragedy, both RAS and the European Union Agency for Railways had certified OSE as compliant with safety standards.
Furthermore, testimonies from the directors emphasized that while safety systems can minimize the risk of accidents, railway operations were not inherently perilous as long as the General Traffic Regulation was adhered to, which is legally binding like the Highway Code.
Another significant issue raised is that the indictment against two ministry directors pointed to their failure to deliver necessary recommendations to the minister, allowing him to take further actions. Similarly, the RAS president is noted for not providing recommendations to the Minister as required.
While opting not to take a definitive stance on these accusations, it is clear from the investigating judge’s perspective that the legal assessments regarding the omissions by the two directors and the RAS president differ from that concerning the ministers. As no recommendations were issued to the Minister, it becomes apparent that he cannot be held criminally liable.
Criminal law fundamentally asserts that accountability is personal and cannot be shifted from superiors to subordinates. Individual responsibilities are evaluated based on their roles and any faults found. Institutional accountability differs from the responsibilities of those managing specific sectors.
New Democracy has consistently differentiated political from criminal accountability; in past tragic disasters while in opposition, it refrained from pursuing criminal charges against ministers from previous governments, despite cases being forwarded to Parliament. Notably, in the Mati case, the judiciary acknowledged that the lack of functionality of the 112 emergency system resulted in preventable fatalities. In the Samina incident, similar to the ongoing investigations in the Tempi case, ND responsibly requested only an investigative committee, which the then-PASOK government denied. Currently, opposition parties appear to be leveraging tragedy for political gain, promoting unfounded conspiracy theories—now completely unfounded—in pursuit of minor political advantages.
Systemic issues linked to ministerial oversight should not be conflated with criminal allegations of a serious nature against them.
If failure to implement additional safety systems were to incur criminal liability, then Infrastructure Ministers could be liable daily for accidents on incomplete national roads (e.g., Patra-Pyrgos, VOAK). Similarly, Health Ministers might face charges for ongoing doctor shortages or inadequate emergency medical infrastructure.
A clear distinction must be made between political and criminal accountability. The only offense potentially relevant to ministerial duties—absent financial misconduct or crimes like breach of trust or bribery—would be a breach of duty under Article 259 of the Penal Code. This allows for assessing a minister’s criminal liability based on whether their exclusive duties were violated.
Regarding former Minister Christos Spirtzis, any potential offenses he may have committed cannot be investigated due to expiration based on Article 86(3) of the Constitution prior to the 2019 amendment. Any omissions attributed to him predate this amendment, precluding the enforcement of the stricter provisions in the revised Article 86. His significant responsibility for delaying the completion of Contract 717/14 remains evident from the case file.
New Democracy, remaining committed to not obstructing justice and allowing mature cases to proceed through the judiciary—despite believing that evidence for Mr. Karamanlis’s criminal liability is weak—finds substantial indicators warranting the establishment of a special parliamentary committee for preliminary investigations. As noted, there are “No Indications of Intent or Negligence Regarding Transportation Safety Disruption.”
Simultaneously, the governing majority asserts that the comprehensive evidence does not show a lack of intent or negligence from the political leadership of the Ministry during the relevant period concerning safety in rail transport or any resulting harm to the passengers of commercial and passenger trains.
To counter the claims regarding transportation safety disruption, it is mentioned that:
“The RAS, as the National Railway Safety Authority—responsible for railway safety (Article 55(7) of Law 4632/2019) and the Railway Transport Safety Authority under Article 28(23-25) of Law 3891/2010—issued and granted OSE S.A.: (a) a Safety Certificate on 20/10/2021 without any qualifications or observations, valid until 03/10/2026, confirming compliance with EU safety management systems as per Directive 2016/798 and national legislation; and (b) on 31/01/2023, granted OSE an ECM (Entity in Charge of Maintenance) certificate per Law 4632/2019 and Regulation (EU) 779/2019.
Thus, OSE S.A., as the manager of railway infrastructure responsible for its maintenance, was fully compliant with safety regulations according to both national and EU standards at the time of the accident. Furthermore, RAS operates as an independent entity that maintains functional independence and is not subject to oversight from government bodies or other administrative authorities, as framed by Article 22(2) of Law 3891/2010.
Another critical point, viewed by the majority as confirming the lack of political accountability for safety disruptions, is that “on 06/02/2023, the European Union Agency for Railways (ERA) issued HELLENIC TRAIN a Single Safety Certificate, number EU1020230029, valid for five years, which validated the railway undertaking’s safety management system and confirmed compliance with EU Directive 2016/798 and applicable national laws for both passenger and freight transport. Thus, on the day of the incident, both OSE S.A. and Hellenic Train met all stipulated safety requirements, as assessed by relevant national and European authorities.”
The proposal from New Democracy (ND) emphasizes written testimonies from two senior officials in the Ministry of Infrastructure and Transport, highlighting the need for further criminal investigation into certain issues. In September 2021, the Directorate of Railway Transport prepared two memos for the Ministry’s political leadership, identifying chronic problems of underfunding and understaffing at OSE S.A.
As per the proposal:
“These memos outlined the persistent underfunding and staffing issues at OSE S.A., requesting additional financial support and coordination for hiring 290 personnel across various roles.”
The authors emphasize:
“The evidence within the criminal case related to the Tempi accident does not clarify which actions Minister Karamanlis—who received these memos—took to resolve the highlighted issues of additional funding and staffing. While the two employees mention ministry efforts to secure more resources and personnel for OSE, there is no solid evidence provided in the case file to draw conclusive judgments regarding these actions. Thus, it’s unclear if Mr. Karamanlis fulfilled his ministerial obligations, or if any potential breach was willful and aimed at restricting OSE S.A.’s resources and staffing. Further investigation into Mr. Karamanlis’s ministerial conduct as raised in the memos is necessary. Should the evidence meet legal thresholds, criminal proceedings for breach of duty may be warranted.”
New Democracy (ND), upholding its commitment not to hinder justice, believes that while evidence of criminal liability against former Minister Kostas Karamanlis is thin, it may suffice for establishing a Special Preliminary Investigation Committee into potential breaches of duty.
This investigation will concentrate on:
– The written statements and testimonies from the two senior officials within the Ministry of Infrastructure and Transport.
– Mr. Karamanlis’s actions regarding setting an adequate funding and staffing framework at OSE between September 2021 and February 2023.
A thorough review of the entire case file and evidence presented to Parliament indicates no proof that the Ministry’s leadership endangered railway safety during the specified period, as PASOK claims.
As for Christos Spirtzis, ND recognizes his responsibility for the delays in completing contract 717; however, any potential ministerial offenses are statute-barred, thus non-investigable.
In conclusion, ND asserts that unlike opposition parties—for whom political exploitation of the Tempi tragedy seems paramount—its position is firmly grounded in the case file, rejecting the narrow political strategies adopted by PASOK and others that advocate for punitive measures without substantiated evidence.
Key Arguments Set Forth by ND Based on Case Evidence:
1. Ministry oversight of OSE and ERGOSE is administrative, excluding safety matters, under the jurisdiction of the independent Regulatory Authority for Railways (RAS).
2. OSE operates as an autonomous legal entity accountable for infrastructure and safety.
3. The indictment against two Ministry Directors cites failure to provide necessary recommendations to the Minister. A similar accusation is made against the RAS president.
4. Without the required recommendations being made to the Minister, he cannot be held criminally liable.
5. A clear separation between political and criminal liability is essential.
6. Accountability for failures in safety system implementations would implicate all Infrastructure Ministers for accidents on incomplete roads (e.g., Pyrgos–Patras, BOAK).
7. A comprehensive examination of the case file shows no evidence of the Ministry’s leadership engaging in actions that jeopardized railway safety as defined by Article 291 of the Penal Code.
8. Importantly: OSE and Hellenic Train met all safety standards, certified by national and European authorities, on the day of the accident.
9. Given the Ministry’s administrative nature concerning safety protocols, ND advocates for a Preliminary Investigation Committee to probe the funding and staffing issues at OSE raised by the senior officials.
10. The Tempi case file does not clarify the actions Minister Karamanlis undertook regarding funding and staffing for OSE. Therefore, additional investigation is justified, although the evidence currently lacks the clarity needed for firm conclusions.
