The 2021 Minister of Agricultural Development, Spilios Livanos, the 2021 Deputy Minister of Agricultural Development, Foteini Arabatzi, the current Minister of Agricultural Development, Kostas Tsiaras, and the former Minister of Agricultural Development and current secretary of New Democracy’s Political Committee, Kostas Skrekas are among the ministers and MPs for whom the European Public Prosecutor’s Office is seeking immunity waivers and investigation for illegal subsidies from OPEKEPE in 2021. Specifically, according to new case files being transmitted to Parliament for the OPEKEPE scandal, European Chief Prosecutor Laura Kövesi is requesting the Greek Parliament to waive the immunity of 11 sitting MPs, as part of an investigation into an alleged organized fraud scheme involving agricultural funds, the well-known agricultural subsidies from OPEKEPE. According to parapolitika.gr sources, which are however difficult to cross-verify, these include:
- Maximos Sentakis
- Vasilis Vasiliadis
- Yannis Kefalogiannis
- Notis Mitarachi
- Katerina Papakosta
- Kostas Karamanlis
- Christos Boukoros
- Theofilos Leontaridis
- Kostas Tsiaras
- Kostas Skrekas
- Dimitris Vartzopoulos
According to sources, this first case file includes an assessment and the alleged crime being investigated is moral complicity in illegal acts by OPEKEPE employees. Meanwhile, a second case file under the law on ministerial responsibility examines 2021 Minister of Agricultural Development Spilios Livanos and 2021 Deputy Minister of Agricultural Development Foteini Arabatzi. For these two, the case file is referred to Parliament without any assessment, for Parliament to decide further action.
According to the same sources, the case files are expected to be transmitted today or tomorrow from the Supreme Court to the Ministry of Justice, while tomorrow Thursday or the day after at the latest they will be transmitted to Parliament. It should be noted that the crimes under investigation are: fraud, breach of trust and dereliction of duty (as well as moral complicity) and those involved are being prosecuted either for felonies or misdemeanors. According to legal sources, any misdemeanors committed during 2020-21 will be statute-barred by 2026 if the justice system fails to investigate them and bring them to trial in time to extend the limitation period by 3 years.
Meanwhile, the European Public Prosecutor’s investigation continues in all directions, for political and non-political persons alike. Five former MPs have also come under the microscope of the European Public Prosecutor’s Office for similar crimes. However, their cases go directly to judicial authorities, as no immunity waiver is required.
Sufficient evidence exists in the case file
As judicial correspondent Ioanna Mandrou told Parapolitika 90.1 and hosts Vasilis Skouris and Sotiris Xenakis, these are two case files concerning illegal OPEKEPE subsidies. One from the European Public Prosecutor’s Office went to Luxembourg, as provided for by law, and from Luxembourg through the Supreme Court will end up in Parliament. The one for which an announcement was issued by the European Public Prosecutor’s Office includes 11 political figures. These include both MPs and ministers, who are being examined in their capacity as MPs, for whom immunity waivers are sought in order to criminally investigate their involvement in illegal subsidies. The immunity waiver is requested because there is sufficient evidence in the case file, what is commonly called “concrete evidence,” that they participated in the illegal subsidies.
The second case file, sent by the European Public Prosecutor’s Office directly to Parliament without first going through Luxembourg, concerns two specific political figures. A former minister and former deputy minister of Agricultural Development in 2021, under Article 86, based on the law on ministerial responsibility. According to parapolitika.gr sources, as previously mentioned, these are Spilios Livanos and Foteini Arabatzi. However, as noted during the journalists’ discussion on Parapolitika 90.1 station, without mentioning the names of the two ministers, “this could be more serious or less serious,” because the investigation is conducted “without criminal assessment. So without criminal assessment could be lighter, but it could also be much worse.”
What the European Public Prosecutor’s Office says about the new OPEKEPE case file
According to the announcement from the Central European Public Prosecutor’s Office in Luxembourg, the European Public Prosecutor’s Office is conducting several investigations into an alleged organized fraud scheme involving public officials of the Greek Payment and Control Agency for Guidance and Guarantee Community Aid (OPEKEPE). Today’s immunity waiver request concerns acts allegedly committed in 2021.
“In order for the European Public Prosecutor’s Office to proceed with this investigation and establish the facts, while seeking both incriminating and exonerating evidence, the European Chief Prosecutor today requested, in accordance with Article 29 of the European Public Prosecutor’s Office Regulation, the waiver of immunity of 11 current members of Parliament,” the announcement states.
Felonies and misdemeanors
The investigation concerns alleged felonies and misdemeanors against the EU’s financial interests, namely incitement to breach of trust, computer fraud and false certification aimed at obtaining illegal benefits for third parties.
“Furthermore, information was revealed regarding the possible involvement in the fraud scheme of a former Minister of Agricultural Development and Food and his deputy minister during their tenure. However, Article 86 of the Greek Constitution stipulates that if during an investigation evidence emerges concerning crimes that may have been committed by ministers in the exercise of their duties, even if they subsequently leave office, these must be immediately transmitted to Parliament. This makes it impossible for the European Public Prosecutor’s Office to fully execute its duties and forces it to split its current investigation regarding the possible criminal liability of members of the Greek government,” the announcement emphasizes.
