Γερμανίδα προσέφυγε στη Χάγη για την Ελλάδα

Γερμανίδα προσέφυγε στη Χάγη για την Ελλάδα

Η
Γερμανίδα Sarah Luzia Hassel προσέφυγε στο Διεθνές Ποινικό Δικαστήριο
της Χάγης καταγγέλλοντας εγκλήματα κατά της ανθρωπότητας…
Η Hassel-Reusing, η οποία είναι γνωστή στον Ο.Η.Ε. για τον αγώνα της
υπέρ των κοινωνικών και ανθρωπίνων δικαιωμάτων, υπέβαλε προσωπικά στις
21.11.2012 προσφυγή 30 σελίδων και πολυσέλιδων παραρτημάτων με
αποδεικτικό υλικό.

  

Το πλήρες κείμενο:
Η Sarah Luzia Hassel-Reusing στον Εισαγγελέα του ΔΠΔ (ICC)


Sarah Luzia Hassel-Reusing Thorner Str. 7
42283 Wuppertal (Germany) +49 / 202 / 2502621

human rights acitivist
to the International Crime Court
to be delivered to the Chief Prosecutor Mrs. Fatou Bensouda

Maanstraat 174

2516 AB, The Hague (Netherlands)

subject: -Greek charge regarding art. 7 Roman Statute
reference: -further crucial evidence especially regarding the objective part

Dear Madam, Mrs. Chief Prosecutor,
21.11.2012 (edited)
I address myself as a German citizen to
you in the awareness, that the German people confesses itself to
inalienable und invulnerable (universal) human rights as the basis of
every human community, of peace, and of justice in the world (according
to art. 1 par. 2 Basic Law, which is protected by the eternity guarantee
of art. 79 par. 3 Basic Law). In his famous speech at the 06.09.1946
the then US foreign minister Mr. Byrnes has demanded, that Germany had
to bind itself to human rights and to peace as a precondition, which
would allow the USA, to accept that Germany might get to wealth again.
In the Parlamentarian Council, the body, which has worked out and
concluded the German Basic Law, Dr. Seebohm (German Party) demanded in
his plenary speech at the 08.05.1949 a legally binding obligation of
Germany to human rights and to peace, in order to enable other states to
trust Germany again („Der Parlamentarische Rat“, Band 9, Harald-Boldt
publishing house, p.562). This means the legal obligation to the
universal human rights, for the wording of art. 1 par. 2 Basic Law has
been developed starting from a draft of the first paragraph of the
preamble of the Universal Declaration of Human Right (UDHR), and the
other international human rights systems, which are valid today in
Germany, have been come into existence after the the Basic Law (1949)
(European Human Rights Convention of the Council of Europe concluded in
1950, and the EU Basic Rights Charter concluded in 2000 and made legally
binding in 2009).
Dr. Süsterhenn (Christian-Democratical
Union) demanded in his plenary speech in the Parlamentarian Council at
the 08.09.1948 („Der Parlamentarische Rat“, Band 9, Harald-Boldt
publishing house, p.56), that the universal human rights, if they are
valid for UN trustee areas, then even more must be valid for the
occupied Germany. Also the German Constitutional Court has confirmed
art. 1 par. 2 Basic Law as a connection to the universal human rights
(no. 96 of the Bodenreform III judgement, BVerfGE 112,1). In addition to
that, the Constitutional Court has in no. 225 of the Lisbon judgement
at the 30.06.2009 recognized the peace principle (obligation to peace by
art. 1 par. 2 Basic Law, not to be misunderchanged with the prohibition
of aggressive war by art. 26 Basic Law).

This means for me as a German citizen
(official confirmation, that I am a German citizen, is attached), as a
part of the sovereign (the people), to stand protecting the universal
human rights.

The Greek journalists Georgios Tragkas,
Panagiotis Tzenos, and Antonios Prekas, and the Greek politician
Dimitrios Konstantaras (Nea Democratica), have filed a charge regarding
the suspicion of crimes against humanity (art. 7 Roman Statute). The
charge regarding art. 7 Roman Statute is directed against Christine
Lagarde (CEO of the IMF), Herman van Rompuy (President of the European
Council), Jose Manuel Barroso (President of the EU Commission), the
German Federal Chancellor Dr. Angela Merkel, and the German Federal
Minister of Finance, Dr. Wolfgang Schäuble.

You find the English text of the charge at the following link:
www.scribd.com/doc/protected/100418463

According to art. 15 par. 1 Roman
Statute, the Chief Prosecutor can, propriu motu, initiate investigations
on the basis of information, which is filed at the International Crime
Court for the prosecution of crimes, which are within the jurisdiction
of the court.

This letter supports the above-mentioned
Greek charge with crucial pieces of information regarding the objective
part, especially regarding the systematic attack and the large scope
according to art. 7 par. 1 Roman Statute. For this purpose, I especially
look at those actions, which lead to severe damages at health
(according to art. 7 par. 1 lit. k Roman Statute).
In addition to that, part IV.1 of this
letter shows the real suspected motive, namely to give more for the
stability of the financial sector (especially of big banks according to
the „too big to fail“ – hypothesis), than this is allowed with respect
to the financial means, which must remain to fulfill those obligations,
which are secured by human rights, and than the peoples themselves, if
they were orderly informed and asked, would ever allow.

The investigation at the ICC of the
systematical accepting of the humanitarian catastrophe at Greece is, at
the same time, necessary, in order to prevent its systematical spread
onto all states of the eurozone, and to prevent the pushing back of the
universal human rights and the Roman Statute by means of art. 136 par. 3
TFEU.

I request for the start of investigations
on Greece, even though the completion of the investigations might take a
long time with respect to older already pending proceedings. Because
here, the start of investigations can still prevent the, because of art.
136 par. 3 TFEU, threatening creation of cases of art. 7 par. 1 lit. k
Roman Statute in all states of the eurozone. What the IMF has done to
the health system in countries like Albania, Bangla Desh, Brazil, Ghana,
India, Peru, Ruanda, Romania, Somalia, Ukraine, and Vietnam, is
threatening to all states of the eurozone because of art. 136 par. 3
TFEU. The Greek people already today is being used as a test case within
the eurozone for this. Even if the pain, which the IMF has caused to
the peoples outside Europe, has been enabled possibly also because of a
neglect of the control of representatives of European states over the
IMF, may this not go on account of the peoples of Europe, which have
been left systematically in ignorance regarding the IMF for decades. The
losses of human lifes in the eurozone to be expected are rather
comparable to Ruanda (hundredthousands) than to the recent cases at
Nigeria (Boko Haram suspected for over 1.000 deaths) or Guinea (army
suspected for over 150 deaths). So I request to at least give the
official start of the investigations on Greece the timely priority,
which is adequate to systematic attack and to the large scope.

(for numbers on Nigeria and Guinea see
taz-article „Spart sich die Welt ihr Weltgericht“ of the 15.11.2012,
Link
http://www.taz.de/1/archiv/digitaz/artikel/ressort=au&dig=2012%2F11%2F15%2Fa0115&cHash=75451582
500fbd21ed22ec150aac90f7 )

I. the connection between the Roman Statute and the universal human rights
I have, as well as the Greeks, who have
filed the charge, the legal point of view, that the Roman Statute is to
be interpreted according to the universal human rights. Historically and
regarding legal philosophy, the universal human rights are the basis
for putting crimes like genocide or crimes against humanity under hard
penalties. Among the universal human rights, besides the human dignity
(art. 1 UDHR), which is the legal basis of the indivisibility of the
universal human rights, the universal human right to health (art. 12 UN
Social Pact) is of eminent importance. According to no. 1 general
comment no. 14 to the UN Social Pact, the sense of the human right to
health is the ability to lead a life in dignity. Also for this reason,
the human right to health is the only universal human right, which
explicitely garantuees the, for the respective human being, highest
attainable standard of health. According to no. 32, the principal
prohibition of retrogression (which results from the social progression
clause of art. 2 par. 1 UN Social Pact) has the effect regarding the
human right to health, that the state has regarding retrogessions at the
human right to health, not only the burden of proof, that all available
financial means have already been exhausted before, but also the the
burden of proof, that these retrogressions are justified with a view to
the total of the rights of the Social Pact. This means, if cuts need to
be made regarding the realization of the universal social human rights,
then these cuts need to be done, relatively less regarding health than
regarding any other social human rights.

Also regarding the universal human right to
food (art. 11 Social Pact), the central importance of the human dignity
(art. 1 UDHR) and of the human right to health (art. 12 Social Pact) is
shown. For, according to no. 8 general comment no. 12 to the UN Social
Pact, the core of the human right to food includes the availability of
food in sufficient amount and quality needed for the nutritional needs
of every single human being, which is free of detrimental substances and
acceptable in the respective culture; and the access to food should
take place sustainably and should not violate the enjoyment of other
human rights.
This shows the special importance of the
universal human rights to health and to food also for the interpreta-
tion of art. 7 par. 1 lit. k Roman Statute.
II. On the definition of a crime against humanity
A crime against humanity (art. 7 Roman
Statute) includes attacks, which are large or systematical, and which
are done against the civil population with knowledge of the attack. We
regard in this case especially as relevant lit. k (encompasses also
affectedness of social groups), and lit. h. The largeness and
sytematical attack becomes most visible at the example of the Greek
health system., and at the example of art. 136 par. 3 TFEU.

It is sufficient, if either the large scope or the systematical attack is there.

III. The systematical attack on the health at Greece
III.1 how the conditions against Greece systematically destroy the Greek health system
The memorandum of understanding of the
trroika (EU Commission, International Monetary Fund IMF, and European
Central Bank ECB) in the scope of financial support of the EFSF of
February 2012 obliged Greece, to direct all revenues of the state onto a
blocked account, in order to preeminently pay the external creditors
(see German and English translation for the German Bundestag of the
memorandum of unterstanding via Greece from February 2012, file number
„Drucksache 17/8731“).
http://dipbt.bundestag.de/dip21/btd/17/087/1708731.pdf
The blocked account refers, as the
Hellas Frappe article „How Venizelos Robbed State Institutions To
Complete Bond Swap“ of the 26.03.2012 shows, not only to future
revenues, because, at the 09.03.2012 credits of ca. 1.4 billion € of
various public institutions, among them universities and hospitals, have
been complety taken away without warning from one day to another, and
have been transferred to the blocked acocunt at the Bank of Greece,
which has had already been implemented according to the memorandum of
understanding. Even public hospitals have suddenly been without any
credit on their banking account with respective effects on their work.
http://hellasfrappe.blogspot.gr/2012/03/how-venizelos-regime-robbed-state.html
In addition to that, the Troika obliges
Greece, to reduce the total amount of the employers’ contribution to the
social insurance by 5%, alone by cuts in services and moderating fees,
and without any compensation through tax-financed subsidies. Moreover,
the Troika wants Greece to reach a budget surplus of 4.5 % of the GDP.
The Troika wants to reach this surplus, especially by deep structural
reforms at the side of the expenditures, among them drastical cuts in
the social insurances and closing down parts of the public
administration, which are regarded to be not cost-efficient enough. The
Troika demands from the social insurance concrete measures for the
protection of its central parts (which in most states could mean pension
and health insurance) and of the weakest of the Greek society, but the
Troika does not demand, that these measures must be sufficient for the
preservation of the central parts and for the survival of the poorest
groups of the population. The Troika put the main burden of the
austerity measures at the social system. Besides that, the Troika also
demands austerity measures in the defense area. The permanent
marginalization of the social system is so important to the Troika, that
for the case of a budgetary relief, it explicitely does not want to
allow the relief of the social system, but to enforce a further
reduction of the social insurance contributions.
Apart from that, the revenue of the
Greek social insurance has also decreased because of the recession, the
unemployment (to which the loosening of the protection against wrongful
dismissal, which the Troika has had enforced in 2010, has contributed),
and because of reductions of the wages.page3image31744page3image31904page3image32064
With the conditions of the Troika, the
humanitarian catastrophe, has obviously willingly be risked. The
assessment, who has the responsibility for that under penalty law, is
the task of the International Criminal Court. I do regard it as
possible, that persons outside the political positions have a big part
of the responsibility.
III.2 the humanitarian catastrophe in the Greek health system
The money in the Greek public health
insurance has become so scarce, that the ambulant patients as well as
the patients in hospital have to advance the money for their
medicaments.
taz article „keine Heilung auf Rezept“ of the 05.06.2012
www.taz.de/!94746/
taz article „Krise in Griechenland: Rentner stürmen Ministerium“ of the 05.09.2012
www.taz.de/!108028/
Also the article „Greek Pensioners
‘Storm’ Health Ministry“ from September 2012 confirms, that the health
insured people have to advance the payment for their medicaments. In
addition to that, they even already have to pay in advance for ambulant
visits to the doctor, which reminds of the situation at Romania.
http://hellasfrappe.blogspot.gr/2012/09/greek-pensioners-storm-health-ministry.html
The article „Minister of Health Puts End
to Agony of Cancer Patients Who Could Not Find Medi-cines“ of the
05.06.2012 exposes, why the supply with cancer medicaments at Greece has
been relieved in the middle of 2012. It has been not more than a
momentary benefit in face of the elections.
http://hellasfrappe.blogspot.gr/2012/06/minister-of-health-puts-end-to-agony-of-html
The article „Crisis in Health Care Hurts
Access to Vital Medicines“ of June 2012 reports on a press confe- rence
of Greek patients’ associations on „the barbarity of the economic
crisis and the devaluation of human life“ in view of the effects of the
liquidity shortage in the Greek public health insurance. Multiple
sklerosis patients need about 1.000,- € for medicine per month; without
these medicaments, their disease proceeds. The association of dialysis
patients of Northern Greece reports on casualties because fo the lack of
dialysis filters, which are are supplied by the pharmacists only after
payment. The association of young diabetes patients reported on problems
with blood donations because of a lack of medical materials. Cancer
patients, whose medicaments cost between 200,- € and 4.000,- € per
patient and month, often remain medically unsupplied because of the
costs.
http://hellasfrappe.blogspot.gr/2012/06/crisis-in-health-care-decreases-access.html
89,7 % of the Greeks have, according to a
poll, difficulties, to afford the medicine they need. At Attika, the
cardiology and the vascular clinic have been closed. At Rhodos, Chios,
and Lerissa, patients have to pay by themselves for disposable
materials.
At the 8th international heart congress,
an increase of depressions and of strokes, and a quadruplication of
heart attacks with at the same time difficulties in paying the heart
medicaments has been reported. According to the Greek health ministry,
the number of suicides has increased by 45 % from the first semester
2010 to the first semester 2011.
In an open letter to all Greeak political
parties and to the ministries of health and of finance, 23 associations
of cancer patients have described the suffering of this group of
patients, who not only have to pay for their medicine, but even for
their disposable materials, und of whom many have been waiting
(according to the charge) already for 6 months, if and when their
insurance will reimburse their costs to them. The lack of medicaments in
hospitals at Greece has already reached the extent of a humanitarian
catastrophe, as the medical association of Greece has warned in a letter
to the United Nations.

(source for the in the following paragraph quoted numbers is the Greek charge already filed to the ICC)page4image30264page4image30424
III.3 human rights expert criticizes Greek austerity measures
In view of the special importance of the
universal human rights for the interpretation of the Roman Statute,
also the opinion of the independent expert of the Human Rights Council
of the United Nations on the effect of the financial crisis on the
realization of the universal human rights, is of eminent importance,
because it shows, that the conditions of the Troika do not show any
serious orientation on the universal human rights.
The independent expert of the UN Human
Rights Council on foreign debt and human rights, Cephas Lumina, has,
already in 2011, stated the violation of universal human rights by the
then second austerity package for Greece (article „Greek austerity
measures violate human rights, UN expert says“ of the 01.07.2011).
www.un.org/apps/news/story.asp?NewsID=38901&Cr=austerity&Cr1
He has explicitely emphasized the
preeminence of the universal human rights, and has urged the Greek
government to remain proportionate regarding the austerity measures. He
recommended, especially to respect the universal human rights to food,
water, and housing (all art. 11 UN Social Pact) and to fair and
equitable conditions (art. 7 UN Social Pact). He regarded as especially
affected by the then privatizations and expenditure cuts poor, elderly,
jobless, and handicapped people.
Mr. Lumina explicitely called ECB, IMF,
and EU Commission, to remain conscious of the effects of their
conditions on human rights for Greece and other states, and he predicted
towards them, that there will be no permanent solution to the debt
problem without taking into account the human rights.
He did not speak of an only insufficient
consideration of the human rights, but his formulation „if the human
rights of the people are not taken into account“ exposes, that the
conditions of the Troika even do not show, in how far the Troika has
considered the human rights at all in their process of drafting their
conditions.

And these critical words even directly
in view of the UN special organization IMF have been published at a
time, when Mr. Lumina could not have known, how deeply the Greek health
system would be attacked by the conditions of February 2012.
III.5 the attack on the nutrition at Greece
The study „Issues in measuring absolute
poverty: The case of Greece“ by Thanasis Maniatis, Yannis Bassakios,
George Labrindinis, and Costas Passas from May 2011 deals with the
definition of an absolute poverty line for Greece. For the the
assessment regarding human rights as well as for the assessment
regarding universal penalty law, the absolute poverty line is crucial.
There is also a relative poverty line, which says only, how many per
cent of the population have an income of less than 50% respectively 60%
of the average income. Table 1 on page. 6 of the study shows the little
meaningfulness of the relative poverty line, where countries like
Hungary or Slovakia have a significant better ranking than the
significantly richer Canada, where even for the poorest one of the best
health systems of the world is available, which is shown by the good
ranking of Canada within the human development index of the UNDP.

link to Greek study: http://www.iippe.org/wiki/images/8/80/CONF_2011_Thanasis_Maniatis.pdf

link to human development index: http://hdr.undp.org/en/media/HDR_2011_EN_Table1.pdf

The study defines the poverty line for
the year 2009 according to the needed financial means for the areas
accomodation, food, clothing, and transport, differenciated each for
households with one to five persons, and differentiated to tenants and
to persons, who only have to pay the additional costs for their
accomodation. This way, the study come to the following costs of living
for the year 2009 (page 27):page5image29528page5image29688page5image29848
Persons
1
2
3
4
5
Poverty line with rent (in €)
809,38
1186,37
1495,37
1820,33
2189,24
Poverty line without rent (in €)
518,38
803,37
1022,73
1252,33
1517,24
Who has less than these amounts to his
disposal at Greece, has too little for either accomodation, food,
clothing, or transport. The deeper the income is below these numbers,
the higher is the probability, that the respective persons are starving.
The study has been completed in 2011 for
2009. The creation of the humanitarian catastrophe in the Greek health
sector has been caused and is being caused, as shown in parts III.1 and
III.2 of this letter, especially by the conditions of the Troika since
February 2012. For the definition of the minimal living income at Greece
today, it would also be necessary to add to the numbers above the
average moderating fees or costs completely carried by the patients,
either relating to all Greek patients, or related to the health status
of the poorer groups of the population, or to differentiate the numbers
to be added more to specific expensive, but not rare, diseaes (such as
e. g. cancer, heart diseases, diabetes, or kidney diseases).
As far as expensive diseases appear, starvation probably also exists for people with an income above the absolute poverty line.
The study shows in table 3 on page 28, that the standard wage NGCLA in 2009 for a single person is at
590,- € and for two working parents at
together 1.300,- €. That has been the situation before the interventions
of the Troika into the law of the collective labour agreements. And it
has already been at that time below the absolute poverty line. In how
far there have or are higher collective labour agreements for specific
segments of the economy, is not known to me.

According to the Ekathimerini article
„Over 2 mln Greeks living below poverty line in 2010“ of the 02.11.2012,
referring to the Greek statistics authority ELSTAT 2,34 million Greek
people have lived in 2010 below the poverty line.
www.ekathimerini.com/4dcgi/_w_articles_wsite2_1_02/11/2012_468462

In this regard, Ekathimerini refers to the
absolute poverty line 2010 according to ELSTAT of 6.591,- € per person
(so 549,25 € per month). The number of private households below the
poverty line in 2010 has been 901.190.

These ELSTAT numbers are confirmed by the
article „Over 2.3 mln Greeks living below poverty line“ of the Azeri
medium APA of the 03.11.2012.

http://en.apa.az/news/181884

And the poverty line according to ELSTAT
is already set very low. Because a more exact look into table 2 of the
above mentioned Greek study of May 2011 shows, that a one person –
household has needed already in ts 2009 for accomodation (rent and
additional costs) and food together (431, 69 € + 101,13 € =) 542,82 €,
so that with the poverty line according to ELSTAT nearly nothing would
remain for clothing and transport.
According to the Phantis article „More
than 400,000 children hungry at Greece“ of the 06.04.2012, 20,1 % of the
households and 439.000 children at Greece are living below the poverty
line. www.phantis.com/news/more-400000-children-hungry-greece
Phantis concludes from this the
undernourishment of these children. These numbers are from the report
„The State of the Children in Greece Report“ of UNICEF Greece, published
in March 2012.
link:http://www.unicef.gr/pdfs/State_of_the_Children_in_Greece_Report_2012_Summary.pdf

The UNICEF Greece report, in turn refers
regarding the 439.000 children under the poverty line to numbers of the
EU statistics authority EUROSTAT for 2010.
Unfortunately, it is not known to me, at which monthly amount UNICEF Greece defines the poverty line.

Of these 20,1 %, according to Phantis, the nutrition of 21,6 % (so related the total population 4,34 %) lacks of animal protein.
According to Phantis, the poverty line
at Greece is at 470,- € per month. Der Phantis-Artikel sees the official
poverty line related to a household of 4 persons. I presume, that a
poverty line of 470,- € per person of such a household respectively for
the total household (4 * 470,- € =) 1.880,- € per month is meant.
Phantis says, that, according to official
estimations, 21% of the Greeks are living below the poverty line. The
medium itself estimates 25% (2,8 million of a total of 11,2 million
Greeks). The Greek network on the fight against poverty (EAPN) is
quoted, that soon 30% will be reached; this number has recently be
confirmed by a study of the foundation for economical and industrial
research (IOBE).

In addition to that, according to Phantis, 400.000 Greek families are without any income from work.page6image36144page6image36304
Even though I do not know the exact
number of starving people at Greece, the numbers explained above,
however, show clearly, that in a large scale and systematically, it is
being accepted, that millions of people at Greece are threatened of
starvation.
III.5 drastical cuts at Portugal and Spain and hunger at Spain
At Spain, a humanitarian catastrophe in
the area of nutrition already exists because of the austerity measures.
Spain and Portugal are moving in big steps towards a humanitarian
catastrophe in the health sector.This shows, that the disregard of the
social universal human rights regarding the austerity measures for the
obtai- ning of the means for the banks, can lead to humanitarian
catastrophes within few years or even only months, regarding to which
questions regarding art. 7 par. 1 lit. k Roman Statute arise.
In the parts III.1+III.2 of this letter,
the connection between concrete conditions of a memorandum of
understanding and its effects for the health have, at least for Greece,
been shown.
For Spain and Portugal, for this purpose,
also the humanitarian effects would have to be compared to the
conditions, in order to relate, what has been effected by the conditions
of the Troika within EFSM respectively EFSF, what by the conditions
within the deficit procedure, what is possibly caused by the policy in
these countries. But that is not the topic of this letter. Here shall,
at the moment insofar only be shown, that the interference of the ICC
regarding Greece is necessary also in the sense of the preventing art. 7
Roman Statute for Portugal and Spain. Already the official start of
investigations on Greece by the ICC will set a decisive sign, in order
to save the lives of countless patients and of starving long-term
jobless people also at Portugal and Spain.

Latest after the enactment of art. 136
Abs. 3 AEUV, austerity measures are threatening in all states of the
eurozone, which systematically intervene so deeply especially into the
human right to the, for the respective human being, attainable highest
degree of health (art. 12 UN Social Pact), but also into the universal
human right to food (art. 11 UN Social Pact), that in all these states
including Germany the crimes against humanity according to art. 7 par 1
lit. k Roman Statute are threatening (see part IV. of this letter).
This is shown by the attack on the
health system of Portugal, where, according to the taz article „ein
Monatslohn für den Staat“ of the 17.10.2012 with 19,5% the biggest
procentual cuts are planned in the health sector. Within a few months,
if such drastical cuts were implemented, also at Portugal questions
regarding the Roman Statute could arise.
www.taz.de/1/archiv/print-archiv/printarchiv/digi-artikel/?

ressort=wu&dig=2012%2F10%2F17%2Fa0078&cHash=7f2d249bc2f961c58e314a22d0d1791
Moreover, friends of me from the
province Alentejo have told us, that the hospital responsible for the
region can only do an emergence supply any more, and that you already
today have to drive from there with a broken bone or after a heart
attack more than 250 kilometers, if you need more than an emergency
treatment. The situation at Portugal is already today much worse, than
it had been visible by the original memorandum of understanding at 2011.
According to the taz article „Spanien
spart sich seinen Sozialstaat“ of the 25.10.2012, now also at Spain, at
least 22,6 % from the tax revenues for the health system shall be
streaked out. www.taz.de/1/archiv/digitaz/artikel?
ressort=au&dig=2012%2F10%2F25%2Fa0045&cHash=446287ecd7fa9eba54bf3bea93e63877
And the inhumanity is exposed in very
clearness at Spain, where the Red Cross, for the first time in the
history of the country, has asked for food donations in view of
300.000,- starving people (taz article „Spanien abgewertet“ of the
12.10.2012).
www.taz.de/1/archiv/print-archiv/printarchiv/digi-artikel/?

ressort=wu&dig=2012%2F10%2F12%2Fa0157&cHash=0b7863dd0a47968dd5af10cee8a2f786page7image31432page7image31592

III.6 further destruction of the health sector at Romania

Romania is one of the states, which have
got, under EU regulaton (EG) 332/2002 an emergency loan with strict
conditions. This regulation is similar to the EFSM of the european
financial mechanism, but for EU member states outside the eurozone.

At Romania, not only the reduction of
the pensions by 15% has been demanded and been rushed through by
government and parliament, but also moderating fees for the ambulant
medical supply, even though at Romania already before the IMF
(respectively the Troika) for stays at the hospital everything from
medicaments to material has had to be paid by the patients themselves,
and the health insurance has paid nearly only the work of the doctor,
and even though the hygiene at the hospital is so bad, that many
patients are infected there with tuberculosis. Now even the amubulant
health care shall be taken away from the poor. 150 to 200 of the 435
Romanian hospitals are going to be closed and the rest to be transferred
to the Romanian municipalities, most of them also are close to
bankruptcy. Between 9.300 and 10.000 beds are going to be reduced in
those hospitals, which are not directly going to be closed.
The mentioned numbers are from the year 2010, as the follwing links prove:
www.wsws.org/de/2010/jun2010/ruma-j09-shtml
www.wsws.org/de/2010/apr2010/ruma-a5.shtml
www.wsws.ord/de/2010/jun2010/ruma-j18.shtml
Also the taz confirms, that there have
been since 2010, and still are, drastical cuts in the Romanian health
system because of the conditions of the Troika. According to the article
„Gott sei Dank nicht mehr in die Klinik“ of the 17.01.2012, the „health
supply in the poorest EU country“ is collapsing „piece for piece“. The
health expenditures are with 3,5% to 4% of the GDP only at the half of
the EU average. 40.000 doctors are missing in the country, tenthousands
of doctors and male nurses have emigrated. In some rural regions there
is „scarcely health supply, in some small towns only very limited.“
According to the article, an orderly medical treatment is only available with bribery. The sufferers are poor and old people.
Because of the austerity measures, among
them, besides drastical cuts in the health system, also cuts of the
wages in the public sector by 25% and of the pensions and of many social
benefits by between 15% and 25%, meanwhile already 3 million Romanians
have emigrated, most of them to Italy, Spain, and Germany.
www.taz.de/!85782/

Romania’s health sector has already been severely damaged by the IMF in the 1990ies (part V.2 of this letter).
IV. proof of the systematical nature of the attack by means of the „little treaty change“ (art. 136 par. 3 TFEU)
IV.1 safeguarding the financial sector as the real cause of the excessive strictness
The pain caused by the excessive
conditions at the cost of the Greeks, has not primarily to do with the
Greeks. The liquidity problems of the country have only been used as an
opportunity, in order to be able to establish more and more mechanisms
for the securing of the financial sector. This is the real suspected
motive of the crime.
The Greeks have been chosen as only the
first victims. The Germans like all inhabitants of the eurozone are
going to be treated later, namely of the enactment of art. 136 par. 3
TFEU.

A new art. 136 par. 3 TFEU is going to be inserted into the EU primary law, whose wording is as follows:
„The Member States whose currency is the
euro, may establish a stability mechanism to be activated if
indispensable to safeguard the stability of the euro area as a whole.
The granting of any required financial assistance under the mechanism
will be made subject under strict conditionality.“
Links: http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/118578.pdf page8image32656page8image32816
This does, however, not really aim at
the stability of the common currency, neither at the inner stability,
nor at the stability of the exchange rate, and also not at putting the
public finances onto their feet again, but only at the „financial
stability“.
This is proven by:
-par. 2+4 of the considerations of the 16./17.12.2010 to the initiation of art. 136 par. 3 TFEU

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/118578.pdf
-no. 11 of the conclusions of the
European Council of the 23./24.06.2011, according to which the Prime
Ministers want to do everything for the „financial stability“
www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/123075.pdf
The conclusions of the summit of the
24./25.03.2011 prove the definition of „financial stability“ as the
stability of the financial sector, i. e. especially of banks.
www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/120296.pdf
By means of art. 136 par. 3 TFEU, one
wants to create always new mechanisms for the safeguarding of banks, of
whom hitherto especially two groups of mechanisms are known, namely
those of the European financial mechanism („Greece support“, EFSM, EFSF,
and ESM) and those for the enabling of the EU Commission as the „EU
economic government“ (tightening of the Stability and Growth Pact,
Imbalance Procedure, and Budgetary Survaillance).
In the European financial mechanism, the
conditions are always drafted by the „Troika“, consisting EU
Commission, IMF, and ECB, under the lead of the EU Commission, and are
decided by the financial ministers respectively by their permanent
secretaries (in the EFSF) or (as a possibility in the ESM) by directors,
who are chosen by the financial ministers. Within the Stability and
Growth Pact and the Imbalance Mechanism as well as in a part of the
Budgetary Surveillance, the conditions are drafted by the EU Commission
and decided by the EU Council of Ministers. Within a part of the
Budgetary Surveillance, the EU Commission itself decides on the
conditions. And the ESM prohibits via collective action clauses every
sovereignly managed state bankruptcy, in order to force the countries of
the eurozone, when they are bankrupt, into a state insolvency
procedure, in which they get additional political conditions by their
private creditors (part IV.4 of this letter).
All these mechanisms of the „European
financial mechanism“ aim at giving loans to states of the eurozone with
liquidity problems, in order to enable them to pay their hitherto
creditors, or (only with EFSF and ESM) to recapitalizie banks, and the
countries get „strict“ conditions at the cost of their inhabitants. The
tightening of the Growth and Stability Pact aims at strict conditions
for states with too high deficit or too high debt, the Imbalance
Procedure at strict interventions of the EU Commission into into any
matters of wage, finance, or economic policy of the member states, and
the Economic Surveillance at any interventions of the EU Commission into
the draft budgets of the governments of the member states.
All these mechanisms are primarily
directed to bringing together enough financial means for the securing of
the „financial stability“ of the financial sector at the cost of the
other inhabitants of the member states.
To the populations of the EU member states,
however, it has been pretended, that the aim was the protection of the
currency and of the public finances. It seems very improbable, that the
Prime Ministers of all 17 states of the eurozone or even alle 27 Prime
Ministers of all countries of the European Union would ever consciously
put the „financial stability“ of the financial sector above the rights
of their inhabitants.

I rather believe, that for the question
of guilt before the ICC for the suffering caused against the Greeks, it
could be of significant importance, who has invented this deception.
IV.2 the obligation to the „strictness“ as the system of inhumanity
All financial assistances in the scope
of mechanisms connected to art. 136 par. 3 s. 1 TFEU for the protection
of the „financial stability“ of the financial sector would be connected,
according to art. 136 par. 3 s. 2 TFEU, to „strict“ conditions.page9image33016page9image33176page9image33336page9image33496
The „strictness“ of the conditions is
for all these mechanisms planned as in the „practice“ of the IMF
(Ecofin Council (economic and financial ministers in the EU Council of
Ministers) of the 10.05.2010) respectively „very strict“ according to
no. 49 of the report of the „task force“ of the 21.10.2010. The „task
force“ included the federal finance ministers of alle EU member states
as well as EU Commissioner Olli Rehn, the then ECB chef Jean-Claude
Trichet, the chairman of the Eurogroup Jean Claude Juncker, and the
President of the European Council Herman Van Rompuy, who at the same
time leaded the task force.
conclusions of the economic and finance
ministers (Ecofin) in the Council of Ministers of the 10.05.2010 (file
number SN 2564/1/10)
http://www.bundesregierung.de/Content/DE/__Anlagen/2010/20100510beschluesseeurolaenderfinanzministe
r,property=publicationFile.pdf
recommendations of the „task force“ of the 21.10.2010
www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/117326.pdf
The ESM, in addition to that, is obliged by art. 3 ESM Treaty, to make „strict“ conditions.
www.eurozone.europa.eu/media/582866/02-tesm2/de12.pdf
The economic government is obliged by
consideration no. 3 in connection with art. 6 of EU regulation 2011/385
(COD), to impose „strict „ conditoins (see also part IV.3 of this
letter) http://ec.europa.eu/europa2020/pdf/proposal_strength_eco_en.pdf
In addition to that, all conditions
within the EFSF are, according to the preamble of the EFSF Framework
Treaty, planned as strict as they are towards Greece:
see EFSF Framework Treaty of the 07.06.2010
http://www.bundesfinanzministerium.de/nn_1270/DE/Wirtschaft__und__Verwaltung/Europa/20100609-
Schutzschirm-Euro-Anlage__1,templateId=raw,property=publicationFile.pdf
in 2011 concluded modified EFSF Framework Treaty (draft of the 26.08.2011)
http://www.nachdenkseiten.de/upload/pdf/110902_EFSF_Rahmenvertrag_Anpassung.pdf
The „practice“ of the IMF is something
completely different than the content of the statute of the IMF. In the
statute of the IMF, there is no obligation to inhumanity at all. By
means of an excessive immunity against penalty law and against liability
as well as by means of excessive payment, however, the standards of
moral and of viewing the world are, within the IMF, in a way shifted,
resulting in IMF conditions without any respect to basic rights and to
human rights of the inhabitants of the debtor countries.
The Roman Statute is the basis solely
for the prosecution of crimes, which have been committed at the
01.07.2002 or later, like the suspected crime against humanity against
the Greek people. For crimes before that date, a prosecution is not
possible by the ICC, but possibly by international ad hoc – courts like
those for Ruanda and Jugoslavia or by national courts of the respective
victim state.
In view of the systematical obligation of
the conditions to a strictness as in the „practice“ of the IMF, which
would be valid with the enactment of art. 136 par. 3 TFEU, it is however
crucial for the interpretation, what a strictness according to the
„practice“ of the IMF means, to look also at older conditions – for the
proof, that an obligation to the strictness as in the „practice“ of the
IMF implies, to intervene, for the securing of the financial sector, so
deep into the human rights to health (art. 12 UN Social Pact) and to
food (art. 11 UN Social Pact), that this reaches systematically up to
art. 7 par. 1 lit. k Roman Statute.

The initiation of an investigation by
the ICC is necessary also in order to set a crucial sign just in time,
in order to prevent the systematic inhumanity from being entrenched with
the rank of EU primary law by means of art. 136 par. 3 s. 2 TFEU,
because this would put this strictness, from the perspective of the EU,
over any law of the United Nations !page10image29912page10image30072
IV.3 the Budgetary Surveillance and the instrumentalization of EU funds

page11image1232

EU regulation 2011/385 (COD) is together
with EU regulation 2011/0386 (COD) planned as the EU secondary law
legal basis for the Budgetary Surveillance of the states of the eurozone
by the EU Commission. You find it at the link:
http://ec.europa.eu/europa2020/pdf/proposal_strength_eco_en.pdf
Via consideration 3 and art. 6 of EU
regulation 2011/385 (COD), the EU Commission could impose on every
country of the eurozone, which receives financial support by one or
several other states, by the IMF, the EFSF, or the ESM, additional
„strict“ conditions, whereas these mainly found consist in stricter
versions of already exististing conditions from the deficit procedure
(of the Stability and Growth Pact) and of the Imbalance Procedure.
If these tightened conditions are not
fulfilled, as additional sanctions towards the respective country would
be used the cut of the EU funds (named in consideration no. 7) ELER
agricultural funds (especially for extensive and for ecological
agriculture), EU social funds, EU fishery funds, EU structural funds
(for rural regions), and EU cohesion funds (for poor regions).
EU regulation 2011/0386 (COD) enables,
via its articles 5, 6, and 9, the EU Commission, to intervene in any
draft budgets of the countries of the eurozone.
http://ec.europa.eu/europa2020/pdf/proposal_monito_assess_en.pdf
The national and regional parliaments of
the states of the eurozone could still decide on their budgets, but the
non-compliance of the „opinions“ (art. 6) of the Commission by the
member states would take them auto- matically (art. 9) into the deficit
procedure of the Stability and Growth Pact, even if their deficit and
their debts are not excessive, or if they even reduce their debts.
By means of art. 21 of EU regulation
2011/0276 (COD), cutting the same EU funds as by means of EU regulation
2011/385 (COD) is planned for the case of non-compliance with
conditions. The difference is, that according to art. 21 par. 1 EU
regulation 2011/0276 (COD) would prescribe the instrumentalization for
putting through the conditions of (lit. b) the deficit procedure of the
Stability and Growth Pact, of (lit. c) the Imbalance Procedure, of (lit.
d i.) the EFSM, of (lit. d ii.) the financial mechanism for the EU
member states without the euro (as e. g. Romania) (regulation (EG) Nr.
332/2002), and of (lit. d iii.) of the ESM.
http://ec.europa.eu/edf/BlobServlet?docId=233&langId=en
The combination of any interventions
into the draft budgets and of the instrumentalization of the named EU
funds would make especially the poorer regions, the family agriculture,
and the ecological agriculture, and even food aid via the eu social
fund, dependend on the mercy of the Commission. The possibility of
healthy respectively of corporate-free nutrition in the states of the
eurozone would become a political pound of the Commssion – and that
combined with a strictness according to the „practice“ of the IMF (art.
136 par. 3 TFEU, part IV.2 of this letter).
In the case of non-compliance with the
conditions, agricultural enterprises would be ruined, and food aid would
be reduced or ended, as a result of the cuts into the mentioned EU
funds. Both would increase the number of starving people in the eurozone
and would contribute to further cases of art. 7 par. 1 lit. k Roman
Statuten. Also this shows the systematical attack and the large scope.
IV.4 political power partly in the hands of the private creditors via the state insolvency procedure of the ESM
The ESM is the hardest of the mechanisms
tied to art. 136 par. 3 TFEU. The even in comparison to the IMF
stronger immunity of the ESM will probably only be broken by art. 27
Roman Statute or by constitutional judgements to come. The ESM is
planned as an independent international organization with, at first, a
rank of simple international law, thus below the „ius cogens“, below the
EU law, and below every national constituion. A later elevation of the
ESM Treaty to the rank of EU primary law, however, is planned according
to the prolog and the epilog of the statement to the euro summit of the
09.12.2011.
link:
http://ralpherns.files.wordpress.com/2011/12/documento_cumbre_bruselas_9d_2011.pdf
Additionally to the obligation to the strictness according to the
„practice“ of the IMF, art. 12 par. 3 ESMpage11image35200page11image35360page11image35520
Treaty obliges all countries of the
eurozone, to attach collective action clauses to all of their bonds,
which they emit starting from the 01.01.2013.
As the law „Gesetz zur Änderung des
Bundesschuldenwesengesetzes“ (file number 17/9049) in Germany as one of
the accompanying laws to the ESM proves, these collective action clauses
are made to prohibit to the countries of the eurozone any souvereignly
managed state bankruptcy, and to force them instead into the state
insolvency procedure of the ESM, where on them are imposed political
conditions not only by the Troika, but also by the private creditors,
where the biggest private creditors of the states (the big banks) would
have high shares of the votes because of the level of their financial
claims. Link:http://dipbt.bundestag.de/dip21/btd/17/090/1709049.pdf

By means of art. 136 par. 3 TFEU and the
ESM, an anti – human rights, partial, and radical representation of
bank interests is going to be legalized over the whole eurozone, without
any respect to the human rights of the population, which exists with
the IMF at least since the 1980ies, and which is called „Vienna
Initiative“ (see also part V.4 of this letter).
IV.5 how art. 136 par. 3 TFEU threatens to oust the universal law
The IMF law has the rank of normal
international law, it stands like the vast majority of international law
just one stage above the simple national law (art. 27 Vienna Treaty Law
Convention), and so clearly below the universal human rights, which
belong to the „ius cogens“.
The IMF itself is not bound to the
universal human rights, but because of the preeminence of the universal
human rights in comparison to the IMF law, no debtor state has ever been
entitled or obliged, to fulfill the conditions of the IMF any further,
than they are compatible with the universal human rights.

The UN Charter is, according to its own
art. 103, the highest-ranking international treaty. Because the UN
Charter, at the same obliges to the respect for the sovereignty of the
states (art. 2 par. 1 UN Charter), the UN Charter itself, as a result,
is positioned directly below the national constitutions of the UN member
states, but above any other international treaties.
The rank of the universal human rights,
i. e. the UDHR and the human rights treaties of the United Nations, is,
regarded from the perspective of the universal human rights law itself,
below the UN Charter (art. 29 no. 3 UDHR), but above the rest of the
international law (art. 28 UDH, art. 1 no. 3 UN Charter), except for the
Geneva and Haag Conventions of humanitarian law, which are
equal-ranking to the universal human rights (ICJ advisory opinion of the
08.07.1996 “Advisory Opinion of the International Court of Justice of 8
July 1996, The Legality of the Threat or Use of Nuclear Weapons,
Reports 1996”).
The UN Charter and the universal human
rights belong to the „ius cogens“, the highest category of nearly
world-wide valid international law (no. 279-282 of the judgement of the
EU Court of First Instance on file number T-306/01, and the ICJ advisory
opinion of the 08.07.1996 mentioned above).

Also the prohibition of the criminal
acts, which are included in the Roman Statute, must be „ius cogens“,
because before the Roman Statute there has been a resolution of the UN
General Assembly of 1946, but a ratified international treaty has
existed not before the Roman Statute. The ad hoc courts at Nuremburg, on
Japan, on Ruanda, and on Yugoslavia can, in view of the prohibition
derived from human rights (art. 11 par. 2 UDHR) of retroactive penalty,
only have had a valid legal basis within the „ius cogens“.
In my legal point of view, also the
Roman Statute itself is „ius cogens“, because prescriptions like that
for the one for breaking through even the immunity of other
international organizations (art. 27 Roman Statute) is a clear argument
for „ius cogens“.
The TEU and the TFEU and the protocols
and annexes to these two treaties are the EU primary law. The EU primary
law has, from its own perspective, a rank above the national
constitutions of the member states (art. 1 TEU, art. 51 TEU, declaration
no.17 in the annexes to TFEU and TEU). This stands in contradiction to
the rank of the UN Charter and of the universal human rights, because
also the EU law is international law.
The constitutional courts react,
depending on their constitutional situation, differently on the rank
claim of the EU law. According to continuous jurisdiction of the Polish
constitutional court, the Polish constitution is the highest law at
Poland and so stands also above the EU law (see e. g. Judgement of the
16.11.2011). The German constitutional court regards since the Lisbon
judgement of the 30.06.2009 the constitutional identity (especially
basic rights and structure principles, but also the state objectives
peace principle (art. 1 par. 2page12image39336page12image39496
Basic Law, see foreword of this letter)
and European integration (art. 23 Basic Law)) as standing above the EU
law (basic principle 4 and no. 216+217 Lisbon judgement), but allows the
EU primary law a rank above the rest of the German Basic Law (no. 240) –
except for the common foreign and safety policy of the EU (no. 255 +
342), which has the rank of only normal international law. According to
basic principle 3 of the Lisbon judgement, the implementation of the EU
law has to leave enough space for the universal human rights, but the
German constitutional court has not clarified, if it regards the EU
secondary law (EU guidelines, EU regulations, etc.) or the universal
human rights as higher-ranking.
Also the Latvian constitutional court
has in its judgement of the 22.12.2009 (file number 2009-43-01)
confirmed the preemince of the basic rights and structure principles of
the Latvian constitution before the EU law.
In art. 29 par. 4 no. 10 of the Irish
constitution, however, an explicit preeminence of the EU law before the
Irish constitution is prescribed.

The EU law, even though the high rank it
claims for itself, does NOT belong to the „ius cogens“, because this
category comes only into consideration for law, which is at least nearly
world-wide valid.
These examples show, that the rank
claims of the EU law and of the universal human rights stand in compe-
tition to each other, and that many EU member states regard the EU
primary law (except for the common foreign and safety policy CFSP), but
not necessarily the EU secondary law, as standing above the universal
human rights.
If now art. 136 par. 3 TFEU entered into
force, then, at least from the view of the EU law and of most EU member
states, the systematical obligation to always new mechanisms for the
„financial stability“ with a strictness, which ignores the universal
human rights and reaches on to art. 7 par. 1 lit. k Roman Statute, would
stand above the universal human rights and also above the Roman
Statute.
This woud imply, that because of art.
136 par. 3 AEUV, the human rights and also the Roman Statute would
systematically only be applied in the countries of the eurozone any
more, as they are compatible with conditions of the Troika, whose
strictness would reach, because of the obligation to the „practice“ of
the IMF, on to art. 7 par. 1 lit. k Roman Statute.
In addition to that, art. 351 TFEU (the
former art. 226 TEC) obliges the EU member states, as far as these are
bound to international treaties, which collide with EU primary law, to
eliminate these incompabilies with the EU primary law.
How far this obligation can go from the
perspective of the European Court of Justice (ECJ), shows its judgement
of the 01.02.2005 in the case Commission v. Austria (file number
C-203/03) (no. 61 of the judgement), that Austria had to terminate the
ILO Convention no. 45 for the protection of women in mining with effect
to the next possible date provided for in that treaty, because this
convention collidies with an EU guideline (with EU secondary law). The
collision has been, that the EU guideline has given more importance to
the equal rights between men and women, and the ILO convention has given
more importance to the protection of women against kinds of work in
mining, which are hard or are risky to health.

So in the judgement on C-203/03, the ECJ
has forced Austria to terminate its membership in an ILO convention
with the rank of normal international law, because this convention has
collided with EU secondary law, even though the then art. 226 TEC (today
art. 351 TFEU) is a legal basis for an obligation to terminate
international treaties only in cases of collisions with EU primary law.
Link:http://curia.europa.eu/juris/showPdf.jsf;jsessionid=9ea7d2dc30db92332c9a56434bba8c9fbf45957d246
3.e34KaxiLc3qMb40Rch0SaxuKbNn0?
text=&docid=49900&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=553937
After the enactment of art. 136 par. 3
TFEU, art. 351 TFEU would have the effect, that the countries of the
eurozone would, from the point of view of the EU law, be obliged to
loosen their obligations to the universal human rights and to the Roman
Statute of the ICC in a way, that would make sure, that they could not
impede always new mechanisms connected to art. 136 par. 3 TFEU, which
have strictness according to the „practice“ of the IMF and ignoring all
human rights. This would most probably mean, that the countries would be
obliged, to add a reservation to the universal human rights treaties
ratified by the respecitve countries, to the UDHR, an to the Roman
Statute, in the way, that the universal human rights and the universal
penalty law would not be applicable any more to the respective state,
insofar as the conditions of mechanisms connected to art. 136 par. 3
TFEU are concerned.
At Greece, already today the universal
human rights to health (art. 12 UN Social Pact) and to food (art. 11 UN
Social Pact) are violated by the conditions of the Troika to such an
extent and so systematically, that there obviously is a case of art. 7
par. 1 lit. k Roman Statute, but by means of art. 136 par. 3 TFEU the
universal human rights themselves would be pushed aside.
IV.6 how art. 136 par. 3 TFEU would lay the axe on the EU itself
According to art. 53 Vienna Treaty Law
Convention and to art. 64 Vienna Treaty Law Convention, international
treaties, which are incompatible with the „ius cogens“, are void.
Art. 136 par. 3 TFEU with its obligation to
cruelty and at the same time with its claimed rank above all law of the
United Nations, is, as especially shown in the parts IV.2 +IV.3 of this
letter, obviously incompatible with the „ius cogens“ of the universal
human rights and of the Roman Statute.

Art. 71 Vienna Treaty Law Convention
includes the possibility, to change international treaties, which
collide with „ius cogens“, in order to avoid the voidness of these
treaties.

This shows, that art. 136 par. 3 TFEU,
which would entrench the inhumanity, which is happening at Greece, into
EU primary law, and which proves the systematical nature of this
cruelty, threatens the legal existence of the TFEU and thus threatens
the legal existence of the EU.
This isn’t any originary conflict
between the EU and the UN at all, but a „hostile takeover“, as one would
name it at the stock exchange, of the EU for the securing and the
enrichment of banks, for which is even being risked, that the very legal
basis of the existence of the EU becomes invalid.
V. exemples for the strictness of the „practice“ of the IMF, reaching on to art. 7 par. 1 lit. k Roman Statute
This part serves to further prove, what a
strictness according to the „practice“ of the IMF is, and that for the
case of non-action of the ICC in view of the suspected crimes against
humanity at Greece according to art. 7 par. 1 lit. k Roman Statute, one
can prognosticate comparable systematical excessively deep interventions
in all countries of the eurozone because of art. 136 par. 3 TFEU.
V.1 prognosticable conditions against the food supply
The credit conditions of the IMF destroy
intentiously the ability of the states, to independently provide their
own population with food, and they serve for the effect, that less areas
are available for food cultivation and more areas for the export.

A central motive for the intentious decline
of the food supply of the whole population of a debtor state seems to
be, that this way whole peoples, and not only governments and
parliaments, can easier be forced to obey to other conditions and to the
debt servicing. Because food is, in contrast to capital, no societal
fiction, but necessary for survival. The conditions always aim at making
impossible a food supply independent of the world market. Most often,
the currency devaluation imposed by the IMF, leads to
market-distortingly high prices for the import of fertiliziers,
pesticides, tractors, etc.; in addition to that, price limits for these
imports are prohibited. The purchasing power of the domestic customers
of the farmers is destroyed by the enforced reduction of wages and of
social benefits. Social institutons for the farmers, e. g. for the
distribution of water and for additional subventions in times of market
price declines, are abolished. Support shipments of highly subventioned
agrarian surpluses are, where trade liberalization does not suffice,
used intentiously to ruin whole economical segments of family farmers.
Where all this is not enough, sometimes smaller agricultural enterprizes
are simply prohibited (e. g. at Peru) or projects are financed (e. g.
at Mozambique), which imply the expulsion of formers. With the
destruction of the family farmers structures and with the aim of the
bigger enterprizes to the export, the states do not only become
dependend on the import of fertilizer, pesticides, etc., but also on the
import of food, which they have to pay in hard currency – and that
together with an own currency, that has been artificially devaluated at
the command of the IMF.page14image35424page14image35584page14image35744
According to the chapter “50 Jahre Bretton Woods” („50 years Bretton Woods“) in Uwe Hoering’s book
“Zum Beispiel IWF & Weltbank” („for
example IMF and World Bank“) (Süd-Nord Lamuv publishing house), riots
have taken place because of cuts into subventions imposed by the IMF:
-1985 at Bolivia (because of cuts into food and fuel subventions)

-1986 at Zambia (because of cuts into food subventions)

-1989 at Venezuela (because of cuts into fuel and transport subventions)
The IMF has demanded, even during the
Asia crisis, also from Indonesia cuts into the food and fuel subventions
(„Die Chancen der Globalisierung“, Joseph Stiglitz, Pantheon publishing
house, p. 304).
The cuts into food subventions as IMF imposed conditions are no singular cases, but rather usual:
„…for Western banks, which wanted to
safeguard their credits, money was there, but not for the minimal food
subventions, which should save human beings from dying of starvation.“

(„Die Chancen der Globalisierung“, Joseph Stiglitz, Pantheon publishing house, p. 39)

At Somalia, a country, 50% of whose
population have worked as livestock breeders (p. 97, „The Globaliziation
of Poverty and the New World Order“, Prof. Dr. Michel Chossudovsky),
since the beginning of the 1980ies, because of IMF conditions, the
currency has been devaluated (resulting in rising costs of fuel and
fertilizer, p. 96) , the grain market been deregulated (p. 96), the
veterinary services been privatized (p. 96), the emergency supplys of
animal fodder been abolished (p. 96), the water been privatized (p. 97),
and the fight against erosion been neglected (p. 97). In sum, the
public agricultural expenditures have been reduced by 85% (p. 97) in
comparison to the middle of the 1970ies. The collapse of the Somalian
agriculture also is shown by the fact, that at the beginning of the
1980ies, the sale of food aid had already become the main source of
revenue for the Somalian government (p. 97).
At Ruanda, the 1990 structural
adjustment program of the IMF served for starvation. In the country,
which had already been focused on coffee cultivation, the national fund
for the securing against falling coffee prices has been abolished
together with all other public agricultural funds. Added to this were
the known effects of currency devaluation and trade liberalization on
the domestic agriculture (p. 106 + 107, „The Globaliziation of Poverty
and the New World Order“, Prof. Dr. Michel Chossudovsky). Finally at
1992, even the coffee price for the farmers of Ruanda has been legally
limited because of a condition of the World Bank (p. 108). Amidst the
Ruandan civil war, the IMF enforced a further currency devaluation even
though the country already had to export a part of its food because of
the one-sided focus on coffee cultivation (p. 108). The trade
liberalization of the grain markets enforced by IMF and World Bank have
had the effect, that the food aid has been implemented in a way, which
has further ruined the domestic agricultural production (p. 109).
According to the International Committee of the Red Cross, over 1
million people have been starving at Ruanda at 1993 (p. 122, foot note
14). Ruanda has, even though the dominant coffee cultivation, been self-
sufficient regarding food, until it has allowed in 1990, because of an
IMF credit condition, the dumping of highly subventioned US and EU food
surpluses (p. 140).
At Mozambique, IMF and World Bank have
supported with their credit conditions big agricultural projects, for
which the state has obliged itself, to replace to expel family farmers
for the benefit of big firms, which are focused on export (p. 126-131,
„The Globaliziation of Poverty and the New World Order“, Prof. Dr.
Michel Chossudovsky), and which do contribute nothing to the nutrition
of the Mozambiquans.
Ethiopia produces enough for the
covering of 90% of the existential needs of its inhabitants. According
to the world food organization FAO, from 1999 to 2000, the province
Amhara reached 20% respectively 500.000 t grain surplus, and the
province Oromiya 600.000 t grain surplus. At the same time, at Amhara
were 2,8 million people starving, and at Oromiya 1,6 million people, a
clear example, how the one-sided orientation on export, which has been
imposed by IMF and World Bank, in combination with the destruction of
the food cultivation for the domestic market creates starvation (p.
137+138, „The Globaliziation of Poverty and the New World Order“, Prof.
Dr. Michel Chossudovsky), particularly sind half of the export revenue
went into the debt servicing (p. 139). The hunger appears at Ethiopia
with a regionally stongly varying distribution, as a result from the
prohibition of the financial redistribution between the provinces and
the federal level, which had been imposed by the IMF (p. 139), with the
result, that the starvation areas did not get any financial aid against
the hunger from the federal level or from the other regions any more.
Before the starvation at Ethiopia, the World Bank imposed removal of the
price limits for fuel and fertilizer (p. 139) and the also World Bank
credit condition imposed removal of all Ethiopian agricultural
subventions had taken place. The
agricultural trade has been liberalized
at the command of the IMF (p. 139). Ethiopia has been forced, for the
ruin of its family farmers food production by means of food aid with
genetically manipulated grain, to allow the access of seeds corporations
on the public seeds reserves, and been forced to cancel the family
farmers’ seeds network (p. 142+143).
The deregulation of the grain market at
Kenya, imposed by IMF and World Bank, as well as the also commanded
prohibition of any distribution of food by the state and prohibition of
even any public regulation of the food distribution have led in 1991 and
1992 to the starvation of nearly 2 million people at Kenya’s dryer
provinces (p. 140).
At Zimbabwe and Malawi, the IMF enforced the change from food cultivation to tobacco cultivation.
At 1992, the maize harvest declined at
Zimbabwe by 90 % and at Malawi by 40%. 1992 was a drought year in the
Southern Africa. The tobacco export revenues went into the debt
servicing instead of the fight against starvation (p. 100, „The
Globaliziation of Poverty and the New World Order“, Prof. Dr. Michel
Chossudovsky).

For Niger, officially one of the poorest
countries of the world, the IMF has, in 2004, prohibited the creation
of food reserves. Amidst the famine at Niger, in which 3,6 million
people have stood at the abyss, the IMF has even prohibited any free
distribution of millet, in the name of preventing market distortions.
And not only such distributions, which could have cost the state Niger
money and could have reduced its debt servicing, but even the
distribution of millet by the United Nations and by NGOs (Germanwatch
interview with Prof. Dr. Jean Ziegler of the year 2005)
www.germanwatch.org/zeitung/2005-4-ziegler.htm
Niger is no individual case. Also Malawi
and Ethiopia have been forced by the IMF to sell the public food
reserves for a higher debt servicing, Ethiopia just before the famine of
1984/1985.
On Ethiopia, see p. 141 of the book „The
Globaliziation of Poverty and the New World Order“ by Prof. Dr. Michel
Chossudovsky and the Global Research article at the link:
www.globalresearch.ca/index.php?context=va&aid=366

On Malawi, see the taz article „Der Hunger geht, die Armut bleibt“
www.taz.de/1/politik/afrika/artikel/1/der-hunger-geht-die-armut-bleibt/
At India in 1991, the removal of food
and fertilizer subventions commanded by the IMF served together with the
also commanded currency devaluation for the increase of the rice price
by 50% (p. 150+153, „The Globalization of Poverty and the New World
Order“, Prof. Dr. Michel Chossudovsky, published 2003). At India, family
farmers and farm workers are together 400 million people (p. 151). The
removal of the fertilizer subvention, which had been explicitely
demanded by the IMF (p. 151), led in 1991 to the increase of the
fertilizer price by 40% and ruined many small agricultural enterprizes.
The formal removal of the legal limit to landownership, imposed by IMF
and World Bank (p. 154), has been a decisive incentive for the expulsion
of familiy farmers by big landowners, who prefer producing for export
than in comparison to producing food for the own population. As a result
of the removal of the wages indexation, also enforced by IMF and World
Bank, hundreds of millions of Indian people (among them particularly
agricultural workers and smallholders) had to live on (convertedly) 50,-
US cent per day while at the same time costs of living rising towards
the world market, including a 50% increase of the rice price. Prof. Dr.
Chossudovsky speaks , therefore, of „economic genocide“ (p. 154) by IMF
and World Bank at India. The harsh accusation by Prof. Dr. Chossudovsky
regarding India may cause wondering, because many other countries have
got even more brutal and even more intentious conditions against their
food supply, it is, however, justified, because at no other country of
the world are so many starving people, and because IMF and World Bank
and not wars, caste system, religious intolerance, gene technology or
anything else have the main guilt for that.
At Bangla Desh, the IMF enforced, at the
beginning of the 1980ies, the removal of the agricultural subven-
tions, enforced the trade liberalization, and the deregulation of the
grain market (p. 161, „The Globalization of Poverty and the New World
Order“, Prof. Dr. Michel Chossudovsky). For the destruction of the food
supply by family farmers, finally the program „food for work“ has been
used, where village inhabitants had to work solely for food. This been
made possible by the trade liberalization enforced by the IMF. The
economical ruin forced many farmers to a new start at areas, which were
particularly endangered by floods. This is the explanation for 140.000
people killed by the flood at 1991 (p. 165) and 10 millionen homeless
people because of the flood. Just in 1991, the IMF enforced a currency
devaluation, which resulted in the increase of the rice price by 50%,
and which tightened the flood-induced famine decisively. Far distributed
undernourishment and a lack of vitamin A have already existed at Bangla
Desh before the flood, and typical IMF conditions have a crucial share
in the causes of this.page16image39352
At Vietnam, farmers have been encouraged
by the World Bank, to cultivate for export instead of food for the own
population (p. 177 Chossudovsky). Because of the decline of the world
market prices for the respective export commodities, Vietnam got into
the situation, to subvention food exports, while the farmers of the
country were starving as a result of the IMF typical curency devaluation
including the increase of the prices for fuel and fertilizer connected
to it. In 1994, a famine has taken place with 50.000 affected people,
while in the same year, because of the collapse of public rice trade
companies, two million tons of Vietnamese rice remained unsold (p. 178).
In the years 1987 to 1990, 25% of the adults and 50% of the children at
Vietnam were undernourished (p. 179). The enforced orientation to
export has also led to the expulsion of family farmers by big landowners
(p. 182).
The film „Raubzug des IWF in
Argentinien“ of Kanal B of the year 2002 shows clearly the behaviour of
the IMF at Argentina. The country has, until the beginning of the
military dictatorship in the 1970ies, been one of the countries with the
highest standard of living at Latin America and with a broad middle
class. Argentina has received its first IMF loan already one week after
the assumption of the military dictatorship in 1976. At the end of the
dictatorship, the country had 30,- billon $ debts, half of which have
been publid bailouts of private debts. From 1983 to 1989 always more
public expenditures, because of the pressure by the IMF, have been
reduced, from 1989 to 1992 all public enterprizes have been privatized.
Since the Menem government, the cuts also in the social area became so
strong, that the starvation begun, years after the end of the dictator-
ship. According to the journalist Sebastian Hacher (Indymedia), in the
year 2002 at Argentina, 100 children per day died of starvation; this
means 36.500,- children died of starvation per year at that time at
Argentina, a high number especially in comparison to a total number of
30.000,- people during murdered by the Argentinian military
dictatorship. And the adult Argentinians, who have died of starvation
because of the IMF, are not counted yet in this number. At demonstrator
at the demonstration of the jobless people at the 11.03.2002 estimated
the number of starving people at that time alone for the area Buenos
Aires to circa 4,- million people.
In order to keep the control at Brazil
even though the mass layoffs in the public sector and the removal of the
public pension insurance in 1994 after the constitutional change, which
had been enforced by the IMF for these purposes (p. 195 ff. „The
Globalization of Poverty and the New World Order“, Prof. Dr. Michel
Chossudovsky), a part of the reduction of the expenditures has been used
for food aid to the inhabitants of slums. In rural areas, there are, in
addition to that, model projects, where landless people are gives
exhausted agricultural areas (or can buy them with the help of World
Bank loans), which seem not profitable enough for the big landowners.
And the areas are given to the landless people, which are not in the
land register, but are the property of Indigenous people, whereas in
1994 the constitutionally guaranteed property rights of the Indigenous
people had been streaked according to the command of the IMF. Instead of
paying for food for all, the IMF let it happen, that instead the state
paid to big landowners for the employment of land workers, and that food
aid supplies were also used for the targeted destructed of the food
cultivation of family farmers (p. 195 and 201-202, „The Globalization of
Poverty and the New World Order“, Prof. Dr. Michel Chossudovsky).
The Brazilian “Fome Zero” (null hunger)
program of President Lula da Silva, which wanted to free a seven digit
number of Brazilians from starvation, but which has been realized in an
only significantly reduced form, because the IMF has not granted a debt
moratorium, which had been requested for the benefit of Brazil
(Germanwatch interview with Prof. Dr. Jean Ziegler of the year 2005).
www.germanwatch.org/zeitung/2005-4-ziegler.htm
At Peru, 83% of the inhabitants are
undernourished because of the conditions (p. 31, „The Globalization of
Poverty and the New World Order“, Prof. Dr. Michel Chossudovsky). The
country has been exposed several times to shocking IMF conditions. From
1980 – 1983, the undernourishment of children has risen dramati- cally,
and from 1975 to 1985, the food consumption of the total population has
shrinked by 25% (p. 209). The decline of the real wages from 1980 to
1985 has been at 45% (p. 209). Even significantly more drastically
directed against the food supply have been the IMF conditions at August
1990, when the rapid combination of artifical currency devalution,
limitation of the wages, and letting loose of the prices, resulted in
the increase of the prices, in comparison to the wages, within one
month, for fuel to the 31-fold, for bread to the 12-fold, and for food
in the average by 446 %. The IMF enforced, in the name of the fight
against the hyperinflation of August 1990, layoffs in the public sector,
cuts social in the social system, and the reduction of wages (p.216).
Since the hyperinflation with all its effects like the increase in price
of fertilizer etc., has not been enough for the destruction of the
family farming at Peru, the IMF simply enforced its prohibiton by means
of a legal minimum size for a farm of at least 10 ha; and only with at
least this minimum size, agri- cultural loans have been available (p.
221).page17image42072
At Bolivia, the trade liberalization,
enforced by IMF, together with aid shipments, served for a decline of
the production costs between 1985 and 1988 by 25,9 % (p. 232, „The
Globalization of Poverty and the New World Order“, Prof. Dr. Michel
Chossudovsky).
At Russia, the combination of artifical
currency devaluation and of releasing the prices, both imposed by the
IMF, served at 1992 for to a hundredfold increase of the prices, while,
in the name of the fight against inflation, only a tenfold increase of
the wages has been tolerated. The price of bread has risen
operproportio- nally from between 17 and 18 kopeks to 20 rubles (p. 240,
„The Globalization of Poverty and the New World Order“, Prof. Dr.
Michel Chossudovsky). The food supply sank below the level it had during
World War II (p. 241). In 1993, the IMF, in addition to that, effected
by the deregulation of a big Russian bread fabric, a further between
tripling and quadrupling of the bread price (p. 249).
The family farmer food cultivation at
Albania has been pushed back by a combination of trade liberalization,
of food aid from subventioned grain surpluses, from currency devaluation
(resulting in price increase of fertilizer and fuel, shrinking of the
real wages etc.), and the destruction of the domestic seeds production
(in order to make dependened on more expensive seeds).
(„The Globalization of Poverty and the New World Order“, Prof. Dr. Michel Chossudovsky)
That these IMF conditions at the cost of
the starving cannot be rare single cases, is shown by the official
report of the 07.02.2001 (file number E/CN.4/2001/53) by Prof. Dr. Jean
Ziegler, the then UN Special Rapporteur for the human right to food,
according to which (see no.. 69c of the report) the credit conditions of
IMF and World Bank are world-wide the second-biggest cause for the
starvation in the world, even more than biotechnology in agriculture and
than wars.
www.righttofood.org/new/PDF/ECN4200153.pdf
In 1990, world-wide 822 million people,
in 2007 ca. 923 million people, and in 2008 ca. 963 million people have
starved. At the 19.06.2009, already about a billion people were
starving. http://de.wikipedia.org/wiki/Welthunger
www.fao.org/news/story/en/item/8836/icode/

http://news.bbc.co.uk/2/hi/europe/8109698.stm
At 2004, enough food has been produced
for 12 billion people (interview with Prof. Jean Ziegler in the edition
4/2005 of the Germanwatch newspaper). According to the then actual world
food report, neverthe- less, in 2004, more than 100.000 people per day
were starving of starvation or of the immediate effects of starvation;
in the average of the year 2004, each 5 seconds a child below the age of
10 died of starvation. www.germanwatch.org/zeitung/2005-4-ziegler.htm
V.2 IMF conditions one of the main reasons for the rise of tuberculosis und further diseases
According to an article of Dr. F. William
Engdahl, who is a member of the globalization research network „Global
Research“, of the 27.11.2009, are among the most recent IMF conditions
towards the Ukraine drastical cuts in the health sector, among them the
closure of hospitals and layoffs in the health sector. The behaviour of
the IMF towards the Ukraine is a proof, that the IMF even after the
start of the economic crisis still acts in the same way, hostile against
human rights. The Ukraine has been affected particularly hard by the
economic crisis, by a speculative bubble and by a deep recession.

In this context, Dr. Engdahl reports on a
study of the Cambridge University of the year 2008, which has
statistically proven by 21 middle and eastern European countries, that
states, which have been under IMF conditions, have had a significantly
higher tuberculosis rate than states without IMF conditions.

The publication date 22.07.2008 of the study shows, that it has depicted a time before the current economic crisis.page18image36296page18image36456page18image36616
www.prisonplanet.com/are-ukraine-black-death-cases-result-of-imf-loans.html
www.plosmedicine.org/article/info:doi/10.1371/journal.pmed.0050143
According to Dr. Engdahl, the IMF is, in view of the drastical cuts in the health sector, als called „infant mortality fund“.
Dr. Engdahl explains, that particularly a
significant increase of the tuberculosis deaths indicates a fast
worsening medical supply, because tuberculosis is a disease with a fast
course.

The Canadian economist Prof. Dr. Michel
Chossudovsky, a colleague of Dr. Engdahl in the globalization research
network Global Resarch, names on p. 62 and 63 of his work „The
Globalization of Poverty and the New World Order“ the dramatical decline
of health-related control and prevention activities because of
austerity conditions by IMF and World Bank as the reason of the comeback
of cholera, yellow feaver, and malaria to the south of the Sahara, and
the spread of malaria and dengue fever at Latin America, as well as the
decline of the hygiene and of the public health institutions because of
austerity conditions by IMF and World Bank as reasons for the comeback
in 1994 of bubonic plague at India.
Prof. Dr. Chossudovsky’s work „The
Globalization of Poverty and the New World Order“ contains further
number on the destruction of the health system by IMF conditions:
-The health expenditures at Somalia have been reduced by 78% between the 1970ies and 1989 because of IMF conditions (p. 97).

-The malaria rate at Ruanda has risen in
1991 under IMF conditions by 21% (p. 108). At Ruanda, the World Bank
enforced moderating fees of the patients and mass layoffs in the health
sector (p. 111).
-At Bangla Desh, in 1992 have been 1,50 $
per inhabitant and year have been spent for health, 25,- cent of it for
medicaments. The creditors enforced further cuts in 1992 and 1993.

-On Vietnam have been imposed the
payment for particular health services by the patients and the release
of the prices of the medicaments (p. 185). As a result, the
exependitures for medicaments have been reduced by 89% between 1980 and
1989, and 98,5% of the Vietnamese pharma industry has been destroyed.
Ten thouands of health workers incl. doctors have got unemployed.
Hospitals have been closed, because too few of the patients were able to
pay on their own for the health services. In order to prevent the
reconstruction of the health sector, the finances of the medical
faculties have been massively cut (p. 186). According to the WHO, the
number of malaria deaths threefolded, and already defeated diseases,
such as tuberculosis, reappeared at Vietnam (p. 186).
-At Brazil, the health expenditures have been reduced by 50% in 1993 (p. 197).
-At Peru, the the austerity measures in the
health sector including the closure of hospitals, the hyperinflation,
the undernourishment, and the lack of funds for the cooking of water,
favoured since August 1990 the spread of cholera (in 1991 with more than
200.000 ill people and over 2.000 deaths within 6 months) and the
comeback of, i. a., malaria and dengue fever (p. 216).

-At Albania (p. 291), the enforced payments
of the patients themselves and the mass layoffs in the health sector
supported the outbreak of cholera (1995) and the polio epidemic (1996).

The behaviour of the IMF before the
economic crisis and with the elevation of such inhumane condition to a
rank of EU secondary law, gives a light taste on, how much the IMF or
the Troika respectively the EU Commission would rage after the carde
blanche enabling, which is wanted by art. 136 par. 3 TFEU – or how
private creditors would rage in the framework of the Vienna initiative
and of the state insolvency procedure of the ESM (part V.4 of this
letter), which would also obligate the private creditors to impose on
the debtor states conditions with a strictness according to the
„practice“ of the IMF.
V.3 proof of the inhumanity of the „practice“ of the IMF at the example of the UNICEF study „Adjustment with a Human Face“
The UNICEF study „Adjustment with a
Human Face“ (1987) depicts the effects of credit conditions of the IMF
on poverty and need and develops proposals for more humane austerity
measures.
The page numbers quoted refer to the German
edition. As far as in this part of this text English quotations are in
quotation signs, this is the non-authorized (as wordly as possible)
translation from German into English by my husband (Volker Reusing, same
address as Sarah Luzia Hassel-Reusing), which possibly is not
exactly identical to the English original, because we have only the
German version of the study.
UNICEF mentions in „Adjustment with a
Human Face“ „reckless cuts of the state expenditures for health, which
are often part of an adjustment program“, and which „lead to a worsening
of the state of health of the population“ (p. 87). UNICEF mentions as
example the „outbreak of deadly infectious diseases among children“ at
the Brazilian province Sao Paulo because of the delayed introduction of a
vaccination program against measels (p. 87+95); it seems to be the same
measels epidemic, which also Prof. Dr. Jean Ziegler mentions in his
work „Imperium der Schande“ (Bertelsmann publishing house). At Ghana,
according to UNICEF, cutting the expenditures for medical basical supply
has led to the increase of frequency, distribution, and deaths by
infectious diseases (p. 87).
In 1984, IMF adjustment programs in the
Brazilian province Sao Paulo led to a steep rise of the infant mortality
(p. 95). This seems to be related to food, for according to UNICEF, the
inflation from 1981 to 1983 at Brazil has been 400 %, but higher for
food, because the IMF conditions have forced the country, to push back
the cultivation for the favour of grain and sugar cane for export (p.
94).
„A radical reduction of the food
subventions in favour of investment activities as a part of a new
adjustment package have led in Sri Lanka“, according to UNICEF, „to an
increase of undernourishment of third degree among the children of the
poorest“ (p. 87).
UNICEF, in addition to that, quotes a
study, according tho whom the child mortality at Chile has temporarily
risen in 1983 by 10% because of the temporary cancellation of a public
child food program, and which has decreased again after the reenactment
of the program in 1984 (p. 87+88+97). According to another study, the
undernourishment of the children of Chile at school age has risen from
1980 to 1983 from 4,6 % to 15,8 % , and from 1981 to 1984 also the
frequency of typhus and hepatitis (p. 97). UNICEF, however, also
applaudes to Chile for its free school meals, for its food programs for
children until the age of 6 years, and for support programs for pregnant
women and children up to the age of 8 years, who live in extreme
poverty (p. 97). This means, that in other countries with IMF
conditions, respective programs to limit the starvation of children have
not been or been in a lesser amount (than in the Chile of Pinochet)
available.
At Gambia, according to UNICEF, the
undernourishment of children has risen in 1985 as a result of increased
food prices (resulting from IMF conditions) without social mitigating
measures (p. 88).
Ghana received IMF loans and structural
adjustment conditions in 1983. UNICEF looks at the time form 1980 to
1985, so that only a part of the social effects are to be attributed to
the IMF. Because of the collapse of the cacao prices, the per-capita
income has already fallen by a third from 1974 to 1982. At 1982 (before
the IMF), the whole available food at Ghana reached only 68% of the need
of calories (p. 98). The child mortality has risen from 10% (1980) to
11% (1983) and 12% (1984). Between 1979 and 1984, the health
expenditures per capita at Ghana have sunk by 80% (p. 98). There has
been a mass exodus of qualified personnel of the social sectors. UNICEF
applauds to the IMF only for the reduction of the inflation, which had
been three-digit before, but its programs were primarily orientatied on
the economical situation. The measures, which UNICEF recommended for
Ghana (p. 99 +100), show, that the health system and the own food
production have had virtually to be rebuild again. UNICEF demanded „food
for work“ programs and speaks about a „big gap in the food supply“ (p.
100).
Jamaica received loans by the IMF at
1980 and at 1984, the one in 1984 with significantly tougher conditions.
UNICEF has observed the years 1978 to 1985 (p. 101). While before 1984,
a five person household could cover its nutrition with 75% of its
income, at 1984 only 50% of the needed food could be bought from that
income. And from October 1984 to March 1986, the price of the needed
food basket has risen by 45 %. The prices of grain, flour, maize flour,
and rice have risen even stronger. Public aid programs have reached only
a part of the undernourished (p. 102). From 1981 to 1986, the health
expenditures at Jamaica have been reduced by 33 %; fees have been
introduced for the health services (p. 102). The percen- tage of
children with visible signs of undernourishment has risen from 38%
(1978) to 41% (1985). From 1978 to 1985, the number of gravely
undernourished children admitted to hospital doubled, the number with
diseases of stomach and bore tripled, whereas the strongest increase has
taken place from 1983 to 1985.
Peru has been regarded by UNICEF for the years 1977 to 1985. The country received from 1977 to 1978 and
from 1982 to 1984 IMF loans.
Among the conditions have been the removal
of any food subventions (p. 103 + 104). The average food supply per
capita has fallen by 26% (p. 104). The tuberculosis rate has risen (an
interesting parallel to the IMF induced rise of tuberculosis in the
former eastern block countries during the 1990ies, part V.2 of this
letter).

The Philippines received an IMF loan at
1984. A result was, that the tax financed subsidies for the elementary
health supply has been reduced to a fifth of the amount to the
respective subsidies to hospitals of the upper class. At 1985, the real
wages have been at a fourth of the poverty line (estimated by the World
Bank) of a six person household, in rural areas at only 22% (p. 106).
The health expenditures have fallen from 1979 to 1984 by a third (p.
103). The number of underweight children under 5 years has grown from 17
% (1982) to 22 % (1985).
The UNICEF study emphasizes the „urgency
of new solutions“, because the „current approach“ tends to cause
poverty, and if one regards „the direct negative effects of some of the
macroeconomic measures for the health and the nutrition of the poorest
and particularly of the children“. According to UNICEF, the ignorance of
the „needs of the poor“ is „not only ethically reprehensible, but also
contraproduktive“ (p. 89).
V.4 „Vienna initiative“ older than anticipated and systematical abuse of power of the IMF at the favour of specific big banks
The Grenadian economist Davison Budhoo,
who had served, i. a., as „resident representative“ of the IMF for
Guayana, cancelled his job at the IMF at the 18.05.1988 with an open
letter, which has been published in the form of a book by New Horizons
Press. As a complete version is available to me only the German
translation, published by the Heinrich-Böll-Stiftung in 1991 „Genug ist
genug“. You find a part of the English text in the internet at
www.naomiklein.org/files/resources/pdfs/budhoo.pdf
As far as in this part of this text
English quotations are in quotation signs, this is the non-authorized
(as wordly as possible) translation from German into English by my
husband (Volker Reusing, same address as Sarah Luzia Hassel-Reusing),
which possibly is not exactly identical to the English original, because
we have only the complete German version.
In 1986 and 1987, the IMF has already
given the possibility to particular private banks, as a reward for their
willingness to give loans of 16 billion $, to impose on states „their
own macroeconomic conditionality“ (p. 130), „whose logical consequence
has been the annihilation of even more third world children, after
already because of our judgement and that of the World Bank, which we
ourselves had written, millions had been killed or chosen for death.“
For significantly smaller loans than
those of the IMF itself, the IMF enabled private banks without any legal
basis, to add to the conditions created by the IMF their own
particular-interest-like and in no way less human-rights-ignoring
conditions, which then have also been put through by the IMF.
Already in the time from 1983 to 1986
there have been, according to Budhoo, 27 cases, in which the IMF has
included particular private banks, and in only one case these banks have
been willing, to accept the credit conditions, which had already been
negotiated between the IMF and the respective state, in the other 26
cases they insisted on adding their own political conditions (p.
131+132). So the IMF granted to banks already from 1983 to 1986 in at
least 27 cases the power to reject „commitments concluded between the
IMF and its member states in the third world, if these commitments, from
the point of view of these banks, did not protect their own interests
in a way, like they should be protected“ (p. 132). Unfortunately, Budhoo
does not say, if for this surprisingly high number of 27 states, which
the IMF has subjugated also under completely unlegitimated banks, these
bank had at all (as the 16 billion $ in 1986 and 1987) to give from
themselves new loans to the respective countries . This way, banks could
straightly put through conditions, they could „care after their own
number one“ (p. 132). For the accumulation of interests of private banks
in view of the IMF, as a result, i. a. the International Institute of
Finance and the Japan Centre for International Finance have been founded
(p. 132). The IMF even sends, by order of banks, within the scope of
the „enhanced surveillance“ commitment, delegations to the debtor
countries in the South (p. 132).page21image37520page21image37680page21image37840
So it is depicted, that already the
obligation to a strictness according to the „practice“ of the IMF means
the informal contribution by the private creditors of conditions for the
Troika or the EU Commission within the mechanisms connected to art. 136
par. 3 TFEU.
The term „Vienna initiative“ for the
enforcement of political conditions, which have been formulated by big
private banks, has come into existence not before the beginning of this
century, when the IMF has done this for Austrian banks against Eastern
European states.
V.5 strictness of the „practice“ of the IMF at the service of big banks
The book „Die Chancen der Globalisierung“
(Pantheon publishing house) by Joseph Stiglitz, a former chief economist
and former vice-chairman of the World Bank, exposes that also the IMF
has served more for banks in their quality as creditors of the states,
than for its official task, for which the IMF had been created, namely
to help states, which are experiencing a lack of liquidity, with loans.

As far as in this part of this text English
quotations are in quotation signs, this is the non-authorized (as
wordly as possible) translation from German into English by my husband
(Volker Reusing, same address as Sarah Luzia Hassel-Reusing), which
possibly is not exactly identical to the English original, because we
have only the complete German version.

At page 272, he says:
„At crises, the IMF granted to debtor
countries, which were unable to pay, loans within the frame of a so-
called bail-out – but the money did, in the end, not benefit the
country, but the Western creditor banks, whose claims have been covered
with it. At Eastern Asia as well as at Latin America, these supportive
loans have served the purpose to pay foreign creditors, who were
released of the necessity to carry the costs of the loss of their claims
from the loans the had given carelessly. In some cases, governments
have eben bailed out private debts and have this way, in fact,
socialized private risks. They have helped the creditors out of their
unconfortable situation, but the money of the IMF has not been a gigt,
but only a further credit- and the developing country had to pay for it.
In fact, the tax payers of the poor country paid for the unreliable
policy of the rich countries regarding giving credits.“

The parallel to Greece and to the recapitalization of banks from tax payer money within the scope of EFSF and ESM is obvious.
On page 58, Stiglitz says in a chapter on the Asia crisis:
„Critiques of the IMF claim, that its
conditions serve, in principle, not the aim to protect countries against
recession, but to protect the interests of its creditors. Behind this
stands the purpose, to refill the foreign exchange reserves as soon as
possible, in order to be able to fulfill the claims of the creditors.“

Stiglitz shows the extent of the
one-sided-ness of the IMF for the benefit of the creditors at the
example of Ethiopia, where the IMF has, for the question, whether the
budget was balanced, not counted the foreign aid as revenue (p. 66). As a
result, the Ethiopian government did not dare to use the foreign aid
for the purposes it had been given for, but added it to the country’s
foreign exchange reserves, thus alienating these aids from their
purpose, so that the possibility was left open, to use these funds later
for the payment to the creditors of the country.
At page 279, Stiglitz shows at the
example of Argentina, that this country had to choose in its acute debt
crisis, if it took new IMF loans, just in order to pay back old IMF
loans. The money would just have been transferred from one IMF banking
account to another IMF banking account.Argentina, however, would have
got additional condition for this by the IMF, which would have further
aggravated the recession. Argentina at that time really managed to get a
partly debt cut by the IMF, and to reject any new IMF conditions, in
turn for paying back the rest of the debts, the country had to the IMF.
The IMF had already forced Argentina before to privatize its public
pension insurance and to increase the prices for water and electricity
(p. 278). Argentina has made the experience, that the IMF intentiously
delayed the state bankruptcy of the country, in order to be able to put
through before as much conditions as possible (p. 281):
„When Argentina admitted to a particular
condition, the IMF posed new conditions, in order to prolong the agony
of Argentina, and to make the default of the debt servicing as expensive
as possible.“

page22image37808

Stiglitz shows the one-sided-ness of the IMF also on p. 279-280:
„A former IMF employee explained, that his
institution just represents the interests of the creditors (of whom the
IMF has been the biggest), and these were oriented to create fear of a
state bankruptcy. The IMF wanted, that every sovereign country, which
considers declaring its default, thinks for a long time and intensively,
before it takes this step. No court can force a sovereign country to
fulfill its debt service; normally, there are no or only few assets,
which can be confiscated (in contrast to private insolvencies, where the
creditors can liquidate an enterprize or objects given to them as
securities). Only fear has driven them to the debt service; without
fear, loans would not be payed off, the bond market for the debts of
states would simply dry out.“

The fear of getting separated from the
capital market is, according to Stiglitz, shown particularly drastically
at Moldova, where 3⁄4 of the state budget go into the debt servicing
(p. 281).
At Botswana, the IMF put through the
increase of the interest rate in the private economy to 60%. See German
translation of an interview of Emperor’s Clothes with Prof. Dr. Michel
Chossudovsky:
http://notgroschen.blogspot.com/2012/01/internationaler-wahrungsfonds-iwf-und.html
The most extreme example of
one-sided-ness of the IMF on the side of the creditors, happened in 1992
at Brazil, where the IMF insisted, that the government first had to
reach an agreement with the big private creditors, before an IMF loan
came into consideration – that’s what via art. 12 ESM Treaty (part V.4
of this letter) is going to be entrenched for the first time in the
primary law of an international organization. That had the result at
Brazil, that the government consented to an increase of the interest
rate towards its biggest private creditors from 30% to 50% (p. 192 and
foot note 2, „The Globalization of Poverty and the New World Order“,
Prof. Dr. Michel Chossudovsky).
In 1999, the IMF enforced, in connection
to a „preventive“ credit, the increase of the Brazilian base rate to
39%, what led to interest rates for the Brazilian private economy
between 50% and 90% and for private credits between 150% and 250%. And
Brazil has been ordered by the IMF, to use the currency reserves of its
central bank to defend the Brazilian currency against speculators, who
tried next after the Asia crisis, to speculate down the Brazilian
currency. This way, the reserves of the central bank shrinked from July
1998 to January 1999 from 75,- billion $ to 27,- billion $ (p. 349+350,
„The Globalization of Poverty and the New World Order“, Prof. Dr. Michel
Chossudovsky).
Prof. Stiglitz mentions Russia as a
positive example, which has got again access to loans on the financial
market only 2 years after its default, which the country has managed in
1998 in a sovereignty respecting way (p. 282), because financial markets
evaluate future risks and less the behaviour to the creditors in the
past. For this purpose, it is important, that the debt reduction is high
enough, to give new creditors confidence in the ability of the country
to pay off future debts.
In the Asia crisis, the IMF has received
direct counselling by some banke regarding the credit conditions on the
states, which the IMF gave loans at that time (p. 325, „The
Globaliziation of Poverty and the New World Order“, Prof. Dr. Michel
Chossudovsky“). Among them were, according to Prof. Dr. Chossudovsky, i.
a., Chase, Bank America, City Group, J.P. Morgan, Goldman Sachs, Lehman
Brothers, Morgan Stanley, and Salomon Smith Barney, independently from
the question, which of these banks might have contributed to the Asia
crisis by means of currency speculations.
In 1998, the IMF forced several Asian
countries, among them Indonesia, to loosen their restrictions on caprial
movements including making easier the speculation with currencies. And
at the same time, the IMF forced them to use large amounts of their
national currency reserves for the purchase of their own currency with
the aim to prevent the devaluating speculation of the domestic currency,
while at least the waste of the currency reserves for the support of
the currency exchange rate had been recommended to the IMF before by the
international private bank association IIF (p. 325+326, „The
Globaliziation of Poverty and the New World Order“, Prof. Dr. Michel
Chossudovsky“).
In 1998, there has even been an
initiative of some world’s biggest private banks, in order to give their
influencing and their insider businesses with the IMF a legal
appearance. In a „Private Sector Advisory Council“, which was going to
be filled with private banks, they want to surveil the correctness of
the work of the IMF, and they would have harvested at that opportunity
insider knowledge to an unprecedented extent (p. 326, „The
Globaliziation of Poverty and the New World Order“, Prof. Dr. Michel
Chossudovsky“).page23image37728
At South Korea, the issuing bank has
been restructured under direct control by IMF and Wall Street banks (p.
328, „The Globaliziation of Poverty and the New World Order“, Prof. Dr.
Michel Chossudovsky“).
VI. further considerations regarding the subjective part
VI.1 mögliche Spuren anhand der Entstehungsgeschichte des Art. 136 Abs. 3 AEUV
The history of the creating of art. 136
par. 3 TFEU is of crucial relevance not only objectively for the proof
of the systematical nature and of the large scope, but also for the
subjective part for the investigation of the question, which persons are
responsible for the attempt to orientate the EU law and the states of
the eurozone to such an extent to the safeguarding of banks, while
pretendingly referring to an alleged „safeguarding of the euro“, and to
even obligate that to a strictness according to the „practice“ of the
IMF.
The „Eurogroup“ is a body, in which the
economic and financial ministers of those EU member states, whose
currency is the euro, can discuss confidentially with exclusion of the
public questions, on which they decide later in the EU Council of
Ministers. Sometimes, the results of the „Eurogroup“ are published, as
it has been after the session of the 28.11.2010. According to the
explanation of the „Eurogroup“ of the 28.11.2010, Herman van Rompuy
(President of the European Council) should present the draft of art. 136
par. 3 TFEU at the following summit of the European Council (EU body of
the Prime Ministers of the EU member states). As a result, the Prime
Ministers concluded at the summit of the European Council at the
16./17.12.2010, to initiate art. 136 par. 3 TFEU. It seems, that Herman
van Rompuy has earlier and better informed than most or even than all of
the Prime Ministers and financial ministers of the countries of the
eurozone, who has drafted art. 136 par. 3 TFEU for which objectives.
link to the declaration of the Eurogroup of the 28.11.2010
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ecofin/118051.pdf
link to the conclusions of the summit 16./17.12.2010 of the European Council and draft + considerations of art. 136 par. 3 TFEU
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/118578.pdf

EU regional commissioner Johannes Hahn
had commissioned the Austrian economic research institute WIFO with a
study, which has been published by the WIFO institute in May 2010 under
the name „Funktionsfähigkeit und Stabilität des Euro-Raumes“.
http://karl.aiginger.wifo.ac.at/fileadmin/files_aiginger/publications/2010/eurostabilitaet.pdf
The study says on art. 136 par. 3 TFEU
(these sentences authorized translated from German into English by the
husband of Sarah Luzia Hassel-Reusing):
„So the Commission is working on proposals
for the gradual realization of a kind of ‘economic government’, by which
the economic policy of the community can be better coordinated. The
basis for this will deliver the new prescriptions of art. 136 TFEU.
There, measures are planned for the members of the eurozone, in order to
‘strengthen the coordination and the surveillance of their budgetary
discipline’. This shall allow crisis interventions, but they should be
as unattractive as possible.“

The WIFO expert opinion proves, that
art. 136 par. 3 TFEU has already been discussed before May 2010 as the
legal basis in EU primary law for the European financing mechanism
(Greece support, EFSM, EFSF, and ESM) and for the enabling of the EU
Commission as the EU economic government (via tightened Stability and
Growth Pact, Imbalance Procedure, and Budgetary Surveillance), and that
there even had already been at that time concrete deliberations
regarding the wording for art. 136 par. 3 TFEU. The same WIFO expert
opinion also includes the proposals, most of which have been used by the
EU Commission for the drafts in September 2010 of the EU regulations
for the tightening of the Stability and Growth Pact and for the intro-
duction of the Imbalance Procedure.page24image33104page24image33264
The EU regional commissioner as well as
the WIFO expert seem to be important witnesses of the history of the
creating of art. 136 par. 3 TFEU. Also of significant importance seems
to be, when the expert opinion has been commissioned. In addition to
that, significant further findings on this might be delivered by inter-
viewing the the President of the EU Commission, Jose Manuel Barroso.
VI.2 responsibility for the systematical extent of the strictness
The suspected objective part regarding
art. 7 par. 1 lit. k Roman Statute refers to the fact, that the
interven- tions of the conditions into nutrition and into health are too
deep, have lost any human bounds.
So it is crucial to investigate, who is
responsible for the fact, that the economic and financial ministers
(Ecofin) in the EU Council of Ministers have, at the 10.05.2010,
demanded a strictness as in the „practice“ of the IMF, whereas most of
them probably have not been aware of the scope of this statement (part
III.2 of this letter).

Apart from that, the investigation of
the question is crucial, who is responsible for that in no. 49 of the
report of the „Task Force“ (part III.2 of this letter) of the 21.10.2010
even „very“ strict conditions are demanded, and the clarification, how
„very strict“ has been meant at that time regarding areas like food and
health, which are relevant for art. 7 par. 1 lit. k Roman Statute.
VI.3 concrete procedure of the creation of the conditions to Greece
Greece has received financial assistance
for paying its existing creditors since 2010 via the „Greek support“
and after that via the EFSF. The conditions, which have led to the
humanitarian catastrophe in the Greek health sector, come, as explained
in part III.1 of this letter, from February 2012, and they have been
made within the frame of the EFSF. Like also in the other mechanisms of
the European financing mechanism, the draft of the conditions has been
introduced in the frame of the „Troika“ by the EU Commission, supported
by the IMF and the ECB. So it makes sense, to interview not only IMF and
EU Commission, which are involved anyway in this procedure because of
the charges against Mrs. Lagarde and Mr. Barroso, but also the
responsible representatives of the ECB.
Since, as shown in part III.5, already
at 2009 many Greeks have lived below the poverty line, one can presume,
that the starvation at Greece has not only been aggravated by the EFSF,
but also by the „Greek support“ Regarding the conditions, which led to
hunger, the interviews should also contain interviewing the ECB, the EU
Commission, and the IMF, also regarding the „Greece“ support.
The decision on the conditions takes
place in the frame of the „Greece support“ by the financial ministers of
the member states, and in the EFSF by the financial undersecretaries
(the highest financial officers at the national level) in the European
body of the financial undersecretaries with the name „Eurogroup Working
Group“. For Germany, Dr. Jörg Asmussen has been financial undersecratary
until the end of 2011; he has also, in the past, worked for Goldman
Sachs und could therefore interesting for an interview.
VI.4 CDS bets as a further possible motive
With credit default swaps (CDS), banks
bet, that a particular claim will not be lost. Creditors often use these
CDS in the way, that they bet, that their own claims get lost. If they
lose their claim, the at least win their bet instead and then get the
money for the won bet. That’s why CDS often are also regarded as credit
insurances. But they are rather speculative financial products, because
one can with them also bet on the loss of claims of other creditors.
According to the Financial Times Deutschland article „Die Angst der
Amerikaner“ of the 03.11.2011, the volume of CDS for state bonds has
been for Italy 218,8 billon €, for Spain 121,1 billion €, for Greece
100,- billion €, for Germany 84,1 billion €, for Portugal 48,7 billion
€, and for the USA 21,8 billion €.
These numbers, however, become relative
for the banks insofar, as they themselves also emit CDS, they are
themselves big creditors of the states, and they secure their own claims
on states also with CDS of other banks.The balance of these claims
(according to Financial Times Deutschland) on Italy and of the CDS
emitted by banks for the securing of these claims is 15,- billion €.
That, however, still says nothing about the distribution of the numbers
among the banks.page25image37184page25image37344
The five biggest US banks (Bank of
America, Citibank, Goldman Sachs, JP Morgan Chase, and Morgan Stanley,
here neutrally in alphabetical order) alone sell, according to Financial
Times Deutschland, allein 97 % of all CDS traded in the USA.
Since banks have, as a result, their
significant own interests as creditors of the states and as emittors of
CDS, the real role of such bankers, who have a strong counselling
influence on policy and on the EU institutions in connection to the
financial crisis, be most closely regarded, especially if and which
incluence their counselling may have had on the conditions, which have
led to the humanitarian crisis at Greece.
VI.5 direct influence by bank lobbyists on Prime Ministers and financial ministers
According to the taz article „Die Rettung
ist nah“ of the 22.07.2011, Josef Ackermann (former chairman of the
board of directors of Deutsche Bank) and Baudouin Prot (BNP Paribas)
have, in their quality as official cousellor of the German respectively
the France government, for the first time participated in the summit of
the 21.07.2011.

www.taz.de/!74941/

Josef Ackermann has not only been chairman
of the board of directors of Deutsche Bank, he is also active for the
international private bank association IIF (International Institute of
Finance) and for the preparation committee of the Bilderberg network.

This suggests, that particularly for her
political actions, external counselling plays a big role, and Mr.
Ackermann is possibly not the only one with influence on her actions in
the financial crisis.

Dr. Jörg Asmussen has, in former times,
been working for Goldman Sachs. Already before the assumption of office
of the current German federal finance minister Dr. Wolfgang Schäuble,
Dr. Asmussen has been under- secretary of finance, also already at the
time, when under the then German federal financial minister Peer
Steinbrück the German bank safeguarding institution Soffin with funds of
up to 480,- billion € has been created. Until the end of 2011, he
represented Germany in the „Eurogroup Working Group“, the EU body, which
decides on the conditions of the EFSF. Since the 01.01.2012, he is
member of the board of the ECB instead.
In my quality as a German, it is
important to me that, as a matter of fairness, also the question is
investigated, how much of the responsibility, which the Greeks, who have
filed the charge, attribute to the German Chancellor and to the German
federal minister of finance, possibly is to be attributed directly to
particular banks.
VI.6 the particular influence of Goldman Sachs
The political power of Goldman Sachs in
Europe relies to a significant degree in the positioning of its own
former or even current employees at leading political positions. In
addition to that, Goldman Sachs, as e. g. also the Deutsche Bank,
belongs to the bank represented in the Bilderberg network.
The powerful role of Goldman Sachs
within Bilderberg is also documentated by the long-standing member- ship
of Goldman Sachs counsellor Mario Monti in the steering committee of
Bilderberg. He is member of this committee today and has already been
member of it at the Bilderberg coonference 1989, on which the question
has been discussed in the network, if at that time only the euro or even
already a „souvereign Europe“ should be created.
Www.bilderbergmeetings.org/goverance.html Http://publicintelligence.net/1989-bilderberg-meeting-participant-list/
According to the article of the Deutsche
Mittelstandsnachrichten „Italien: Monti ist im Nebenjob Berater bei
Goldman Sachs“ of the 14.11.2011 the (not elected by the people) Italian
Prime Minister Mario Monti is, according to the annual report of this
big bank, member of the „international advisory committee“ of this bank.
According to the same article, it has also been Goldman Sachs, who have
counselled Greece, when Greece has achieved the accession to the euro
by incorrect pieces of information towards Eurostat. In addition to
that, ECB President Mario Draghi has been, in the years 2002 to 2005
vice president of Goldman Sachs. Also the former US finance minister
Hank Paulson seems to have connections to Goldman Sachs, because he has
able to sell his shares of this bank early enough before the crisis for
500 million $, before the share price has made inroads. The same Mr.
Paulson has been the US finance minister, when the 700,- billion $
bailout has been concluded; of the 700,- billion $, however, Goldman
Sachs itself seems to have gained, according to the Deutsche
Mittelstandsnachrichten, only with 13,- billion $.page26image33608
And even though all this Goldman Sachs
is counselling „the European governments and the EU regarding the
management of the debt crisis“, thus seems to play an even more central
role in orchestrating the bank safeguarding in the name of the
safeguarding of the euro than the Deutsche Bank.
www.deutsche-mittelstands-nachrichten.de/2011/11/11670
The importance of the control over the
ECB and over the Italian government is also shown in the article
„Goldman: ‘Neuwahlen in Italien sind das Schlimmste!’ “ of the Deutsche
Mittelstandsnachrichten of the 09.11.2011. According to the article,
Goldman Sachs has lobbyied for a technocrat government and for new
elections not before January, better spring 2012 – successful, meanwhile
His Excellency, Mr. Mario Monti, governs Italiy. And Goldman Sachs
really ask the ECB to to carry on buying in big style Italian bonds; a
crucial piece of evidence, that Goldman Sachs also seems to be involved
in bets regarding an Italian state bankruptcy.
www.deutsche-mittelstandsnachrichten.de/2011/11/31177
As the article „Goldman Sachs empfiehlt
Wetten gegen Europa“ of the Deutsche Mittelstandsnachrichten of the
15.11.2011 shows, this bank meanwhile offers credit default swaps, with
which one can speculate against banks and insurance companies, at whom
risks of the loss of credit claims are assumed. In addition to that,
Goldman Sachs strategist Alan Brazil recommends to speculate against the
euro, because the euro is signifi- cantly weakened, if further rescue
packages are made. The article also says, that Goldman Sachs counsels
„many European governments“ regarding the debt crisis. Just in the weak
before the 15.11.2011, Goldman Sachs has, at a meeting with the Spanish
economic minister Jose Manuel Campa and with creditor banks, presented
concrete „proposals“ „for further austerity measures at Spain“. This
shows at the same time the elevated power position in comparison to
other creditor banks.
www.deutsche-mittelstands-nachrichten.de/2011/09/24129/
That the Italian Prime Minister, His
Excellency, Mario Monti, means, that particularly Goldman Sachs governs
Italy, is also shown by the article „Italien – die Monti-Euphorie ist
bereits vorbei“ of Alles Schall und Rauch of the 17.11.2011. According
to the article, already thousands of Italians are protesting against the
„government of the banker“ and shout sentences like „We do not want a
government of the banks“ or „Monti makes beggars of us all.“ Alles
Schall und Rauch prognosticates that, His Ecellency, Mr. Monti does not
only want to „fulfill the promises to the EU and drastical austerity
measures, but also to rigorously push forward the privatization, and to
drastically restrict the use of cash in the every day payments
transactions. What the Greeks already experience, now will approach the
Italians, wages down, taxes up, with the impoverishment of the society,
resulting from that.“
http://alles-schallundrauch.blogspot.com/2011/11/italien-die-monti-euphorie-ist-bereits.html#ixzz1e0APyoln
Goldman Sachs also earns as
„Betreuerbank“ of the EFSF, while the EFSF does not say, how much these
„Betreuerbanken“ finally earn at the cost of the tax payers for their
service to the EFSF (article „Wie Goldman Sachs am EFSF mitverdient“ of
the Deutsche Mittelstandsnachrichten vom 06.10.2011)
www.deutsche-mittelstands-nachrichten.de/2011/710/27148/
Meanwhile, Dr. Jörg Asmussen is a counsellor of the SPD chancellor candidate Peer Steinbrück
http://jasminrevolution.wordpress.com/2012/11/13/ifd-leak-die-steinbruck-goldman-connection
The actual decisive influence of Goldman
Sachs on the ECB and on the Italian government, and for a long time, on
the German government, as well as the significant influence of Goldman
Sachs in the steering committee of the Bilderberg network, combined with
significant own interests as a creditor of states and especially as a
tenderer of CDS, make urgently necessary an investigation, if and, if
yes, in how far this bank has influenced the behaviour of Germany, of
Italy, and particularly of the ECB regarding the conditions on Greece
and regarding the creation of the European financing mechanism.
At least the gentlemen Mario Draghi, (His Excellency) Mario Monti, and Dr. Jörg Asmussen should be interviewed on this.page27image34832page27image34992page27image35152
VI.7 the role of the Bilderberg network
The Bilderberg network is named after a
hotel in the Netherlands, where in the 1950ies, it has had its first
meeting. At the annual Bilderberg meeting under exclusion of the public,
representatives of big banks, insurance companies, industrial and media
corporations have the opportunity to impress their interests on
politicians. Only the items of the agenda and the guest lists are
published. Regarding closer contents and results of the meetings,
silence is yet remaining.

The political power, which Bilderberg
makes feasible for banks, relies in first line on the possibility, that
the media embedded with Bilderberg can give their attention to
politicians and put bank-friendly issues on the media agenda, and they
can do censorship against issues and politicians, which / who are
unconfortable for banks.
The politicians, who are newly invited
as guests are most often, such politicians, whose career goes up after
their visit to Bilderberg. Giorgos Papandreou has been at the Bilderberg
conference 2009 at Greece and has been elected as Greek Prime Minister
only months after. Peer Steinbrück, who had already been minister of
finance until 2009, when the German bank safeguarding umbrella Soffin
has been concluded, has been at the Bilderberg conference 2011 at
Switzerland and now is chancellor candidate of the second-biggest German
party Socialdemocratical Party of Germany.
The official guest lists of the three most recent Bilderberg meetings are at the following link:
www.bilderbergmeetings.org/meetings.html
One of the links with all guest lists of the hitherto Bilderberg meetings is:
www.flegel-g.de/index-bilderberg-teilnehmerlisten.html
According to the article „Where the
influential people meet and talk“ of the economic magazine „The
Economist“ of the 20.01.2011, Etienne Davignon, a former Vice President
of the EU Commission, has been that chairman of the Bilderberg group at
the time of that article. And Josef Ackermann (former chairman of the
board of directors of the Deutsche Bank and officially most important
external counsellor of the German Chancellor regarding the financial
crisis) is in the preparatory committee of the Bilderbergers. By the
membership in the preparatory committee exists, in additio to that, a
crucial influence on who is allowed to participate at the respective
following Bilderberg meating. And as Mr. Davignon himself admits to The
Economist, the Bilderberg meeting 2010 at Spain has dealt with the
financial problems of Europe and with the question, if the currency euro
would survive.
The Economist article is at the link

http://www.economist.com/node/17928993

The Bilderberg conference 09.-12.
06.2011 at Switzerland has taken place short time before the election of
the current IMF CEO Christine Lagarde. The first two items of the
Bilderberg meeting agenda 2011 „Innovation and Budgetary Discipline“ and
„the Euro and Challenges for the European Union“ suggest the
assumption, that art. 136 par. 3 TFEU and the mechanisms, that one
wanted respectively wants to base on that article, have been discussed
there in the sense of a briefing for the session of the Ecofin Council
at the 20.06.2011 and for the summit the European Council at the
23./24.06.2011.
The Bilderberg meeting agenda 2011 is here:
http://www.bilderbergmeetings.org/meeting_2011
Also the participants of the Bilderberg
conference 2011 show, that there must have taken place a preliminary
discussion, undemocratical and intransparent because of the exclusion of
the public, for the behaviour at the summit of the European Council at
the 23.+24.06.2011, that the decision of the European Council, also the
decision on the ESM Treaty, must have been partly preshaped at the
Bilderberg conference 2011.
http://www.bilderbergmeetings.org/participants_2011.html
Herman van Rompuy, as the President of
the European Council, the man with the biggest power over the agenda and
the publications of the European Council, has been there, supported by
Frans van Daele, the head of the personnel department of the European
Council. Also the then ECB President Jean-Claude Trichet has been at the
meeting. The connection to the EU Commission has been secured by
Etienne Davignon (the then chairman of the Bilderbergers), Joaquin
Almunia (Vice President of the EU Commission), and Neelie Kroespage28image34176page28image34336
(Vice President of the EU Commission).
Also Pascal Lamy (general director of the WTO) and Robert Zoellick
(president of the World Bank) have been there. Of the financial
ministers of that time, George Papaconstantinou (Greece), George Osborne
(Great Britain), and Giulio Tremonti (Italy) have participated. Of
particular importance of the banking sector has been Josef Ackermann as
participant of the preparatory committee, but also the chairmen of the
national banks of Canada and of Belgium, a former chairman of the US
issuing bank Federal Reserve, and representatives of further big private
banks like, e. g., Goldman Sachs and Chase Manhatten Bank, have been
there.
Since Herman van Rompuy has brought the
draft of art. 136 par. 3 TFEU at 16./17.12.2010 into the European
Council, it needs to be investigated urgently, if and in how far the
corporations, which are involved with Bilderberg, have participated in
creating the draft.
How undemocratical the European
financial mechanism is, now also is depicted by the democracy index 2011
of the economical magazine „The Economist“. Even though this economical
magazine participates at Bilderberg, the results of the European
financing mechanism and of the „Greece support“ are criticized in clear
words on p. 20:
„The main reason for the decline in
democracy scores in 2011 in the region has been the erosion in
sovereignty and democratic accountability associated with the effects of
and responses to the euro zone crisis (five of seven countries that
have experienced a decline in their scores–Greece, Italy, Portugal,
Spain and Ireland). Most dramatically, in two countries (Greece and
Italy) democratically elected politicians have been replaced by
technocrats at the head of governments. Six euro zone governments
collapsed in 2011 and there have been growing public protests and a
proliferation of new political parties and movements. Policy in some
countries is no longer being set by national legislatures and elected
politicians, but is effectively set by official creditors, the European
Central Bank, the European Commission and the IMF. The severity of
austerity measures has tended to weaken social cohesion and diminish
furth trust in public institutions, which had already been declining
since the 2008-09 economic crisis.“
www.vedomosti.ru/cgi-bin/vedomosti_15-12-2011.pdf?file=2011/12/15/0_1951216671
Yours sincerely,
Sarah Luzia Hassel-Reusing

Attachments:
-FTD article „Die Angst der Amerikaner“ (in German, only on paper) –proof of the German citizenship (photocopy, only on paper)
-article „IFD-Leak – die Steinbruck – Goldman – Connection“ (in German) -EU regulation 2011/0276 (COD) (only on CD)

-EU regulation 2011/385 (COD)
-EU regulation 2011/0386 (COD)

-ECJ judgement on C-203/03

-law on the modification of the BSchuWG (file number 17/9049) -statement on the euro summit 09.12.2011

-EFSF memorandum of understanding on Greece, February 2012 (file number 17/8731) (only on CD) (in English and German)
-initiation Art. 136 (3) TFEU + conclusions summit of the European Council 16./17.12.2010

-Bilderberg guest lists 2011, 2010, and 2009

-conclusions summit of the European
Council 24./25.03.2011 -conclusions summit of the European Council
23./24.06.2011 -WIFO study (in German)
-Eurogroup 28.11.2010

-Davison Budhoo’s resignation from the IMF (only on CD) (in German)

page29image26432

Contents
I. the connection between the Roman Statute and the universal human rights
II. On the definition of a crime against humanity

III. The systematical attack on the health at Greece

III.1 how the conditions against Greece
systematically destroy the Greek health system III.2 the humanitarian
catastrophe in the Greek health system

III.3 human rights expert criticizes Greek austerity measures III.4 the attack on the nutrition at Greece
III.5 drastical cuts at Portugal and Spain and hunger at Spain III.6 further destruction of the health sector at Romania

IV. proof of the systematical nature of
the attack by means of the „little treaty change“ (art. 136 par. 3 TFEU)
IV.1 safeguarding the financial sector as the real cause of the
excessive strictness
IV.2 the obligation to the „strictness“ as the system of inhumanity

IV.3 the Budgetary Surveillance and the instrumentalization of EU funds

IV.4 political power partly in the hands
of the private creditors via the state insolvency procedure of the ESM
IV.5 how art. 136 par. 3 TFEU threatens to oust the universal law
IV.6 how art. 136 par. 3 TFEU would lay the axe on the EU itself

V. examples for the strictness of the
„practice“ of the IMF, reaching on to art. 7 par. 1 lit. k Roman Statute
V.1 prognosticable conditions against the food supply

V.2 IMF conditions one of the main reasons for the rise of tuberculosis und further diseases
V.3 proof of the inhumanity of the „practice“ of the IMF at the example of the UNICEF study „Adjustment with a Human Face“

V.4 „Vienna initiative“ older than anticipated and systematical abuse of power of the IMF at the favour of specific big banks

V.5 strictness of the „practice“ of the IMF at the service of big banks

VI. further considerations regarding the subjective part

VI.1 possible tracks according along the history of the creating of art. 136 par. 3 TFEU

VI.2 responsibility for the systematical extent of the strictness

VI.3 concrete procedure of the creation of the conditions to Greece

VI.4 CDS bets as a further possible motive

VI.5 direct influence by bank lobbyists on Prime Ministers and financial ministers

VI.6 the particular influence of Goldman Sachs

VI.7 the role of the Bilderberg network 
 

related posts: 
German civil and human rights activist appealed the International Criminal Court for Greece,  

Deutsch Bürger-und Menschenrechte-Aktivist appelliert, den Internationalen Strafgerichtshof für Griechenland

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