Steven Cohn on Documento for Novartis Protected Witnesses: We Will Seek Sanctions in Greece –

The pursuit of sanctions against Greece for the lifting of the protection status of protected witnesses for the Novartis scandal is announced through Documento by their lawyer in the United States, Steven Cohn, who had warned in an earlier interview (1.12.2019) that a such an act would constitute a violation of international law.

After the failed attempt of the Supreme Court prosecutors Evangelos Zaharis and Lambros Sofoulakis with a request to the American authorities to provide information related to the applicants Greek public interest whistleblowers before the American Justice, the regime initiatives of the “blue” members of the pre-investigation committee against Dimitris Papagelopoulou, the extrajudicial

Swiss pharmaceutical company’s 345 million euro settlement with US authorities and millions in fees certifying the sufficiency of depositions, protected witnesses are being hanged as even the decision of the Supreme Judicial Council is being thrown into the wastebasket by the fraudulent change which Code of Criminal Procedure last February by the Minister of Justice Giorgos Floridis.

Now, it is only a matter of time before “Maximos Sarafis” and “Aikaterini Kelesi” receive the legal reprisals of the political figures whose names were mentioned in the labyrinthine file of this particular case, a fact that constitutes on the one hand a tombstone for the institution of protected witnesses and on the other hand another a major blow to the rule of law. That is why the reaction of the American side, which is closely following the developments, as well as of the international organizations that provide protection and assistance to public interest witnesses, is expected with interest.

In a sea of ​​happiness

Commenting on the news of the “revocation” of the protection status of public interest witnesses, upon hearing of which – according to the information – specific government officials were not surprised, Pavlos Marinakis noted through a statement that “the independent Greek Judiciary issued a landmark decision today, the “hoods” from the false witnesses of the Novartis company”. At the same time, Antonis Samaras judged that “the way is now wide open for the full and official revelation of the scam”, predicting that “the causes and protagonists of this wretchedness will be revealed”. He expressed his satisfaction and concluded that “the time of truth is coming. Until the end. For everything and everyone.”

“It doesn’t make sense”

As an opening comment, the whistleblower lawyer of nearly 40 years in America told the newspaper that he could not understand the reasoning of the assistant economic crime prosecutor who lifted the protection status, saying it “doesn’t make any sense.” “I understand that the DA decided to declassify the whistleblowers because they weren’t retaliated against,” he notes, adding the obvious caveat: “If a whistleblower’s identity is confidential, by definition they can’t be retaliated against because no one knows who they are.”

Here’s Stephen Cohn’s interview:

Despite the decision of the Supreme Judicial Council in Greece, which had decided that the names of witnesses of public interest cannot be revealed, today it was decided to reveal the names of the witnesses. Since, as you said in Documento, such an act would have consequences from the side of the US Justice, what will be your moves?

Declassification violates international treaties, US law, the EU Directive and the OECD Anti-Bribery Convention. In the event that Greece proceeds with this illegal action, we will seek to impose sanctions on Greece.

What should the US government’s response be and how might it affect bilateral relations between the two countries?

The US government must demand full protection of any person who provided the US with bribery information, and anyone responsible for violating the privacy of these whistleblowers must be charged with obstruction of justice in the United States.

Is there a similar precedent regarding the removal of the status of public interest witnesses?

No. Under US law this privacy cannot be removed.

In your opinion, what does this development signal for the rule of law in Greece?

The Greek government is undermining critical anti-corruption laws, including those prohibiting bribery, money laundering and sanctions violations. Removing the privacy of a whistleblower will have a disincentive effect on the willingness of others to report corruption.