A common cause

After the last article, some people approached Märpel with questions. The word "corruption" was used.

Märpel would like to point out that she did not use that word.

Let us just say that there are many ways to win people to one's cause but that it is always much easier when they believe that your cause is also theirs. Mr. Petrović was always convinced that this cause was just.

Reread the text from Guido Raimondi, President of the European Court of Human Rights, that Märpel posted on 2/5:

"with regard to the requirements of the European Convention on Human Rights, in particular its article 6. We have seen that so far, in both cases, the European Court of Human Rights has exercised to the highest degree an attitude of self-restraint. What about this attitude? We know that a certain part of the doctrine is quite critical of this jurisprudence, which is considered not sufficiently protective of the fundamental rights of international civil service workers. For my part, I tend to believe that the independence of international organisations is such an essential value for these organisations to be able to carry out their respective missions, which are so important for the well-being of humanity and, ultimately, for the safeguarding of peace, that the Strasbourg Court only recognises its true value."

To Mr. Raimondi, safeguarding the independence of international organisations is more important than access to a fair trial for civil service workers (that is what article 6 of the European convention on human rights says: "right to a fair trial") because the well-being of humanity depends on it. If the President of the European Court of Human Rights is convinced enough to say publicly so, Märpel believes that others are just as convinced, Mr. Petrović amongst many. In their minds, fair trial is a right that civil service workers should not have. Then it should be no surprise that Mr. Petrović was easily convinced that safeguarding the independence of the EPO was more important than insuring a right to a fair trial. He was already convinced that the independence (read "immunity") of international organisations should be safeguarded over other rights.

That may be the case, the independence of international organisations is indeed important. Except that there is a catch: the right to a fair trial is an essential component of the principle of the separation of powers ("Gewaltenteilung"). When the judiciary submits to the executive, a situation arises where the executive can abuse its powers. Because International organisations are so small, the executive is impersonated by a single man, so the danger for abuse is extreme.

Märpel believes that this is exactly what happened at the EPO. President Battistelli saw the opportunity to seize power and turned the organisation to a ghost of its former self: it does not fulfil its mission of examining patents any more, it is haemorrhaging staff, its financial assets have been seized by what could be a Ponzi scheme (over 2 billions Euros). All what was needed was complacency from the judiciary.