This page contains the
correspondence exchanged with the Commissioner Siim Kallas cabinet. He is the
European Union Commissioner for AAAA (Administrative Affairs, Audit and
Anti-Fraud), the Commission overseeing OLAF (Office de Lute Anti-Fraude)
[Please read the addenda as a justification to the facts on this page]
First e-mail, Sent to the Commissioner Siim Kallas, on 11-07-05.
I am sorry, I am not writing to you exactly as a WEB feedback, but this is the only e-mail address I found on your official EU site.
Regarding your position as Vice President Commissioner for Administrative Affairs, Audit and Anti-Fraud, I would like to send you a copy of an exposition I’ll be sending to OLAF very soon on what I am convinced to be a case of major fraud, corruption and maladministration in the use of Community funds. I would like you to be directly informed because of some specific reasons that I will let you know about later.
I believe the e-mail address where you will receive the present message to be a cabinet address, therefore not very confidential, even if official. Hence I would like to ask you for the very special favor of allowing me to write to one of your private e-mail addresses. If you have the amiability to agree on my request, please kindly send me one address to which only you have access.
I understand that any correspondence regarding your position should be addressed the common and usual way. However, I have reasons to look for a safer way. After receiving, of course you may do whatever you think to be more adequate, it goes without saying.
Thank you very much in advance and kind regards.
P.S. – If I fail to receive any answer from you within a reasonable time, I’ll believe this e-mail has not reached you.
Follows the answer from the previous message. This answer was given by a staff member. The question was in English and the answer in Portuguese. It is not believed to be necessary to give a full translation. Resuming, it all comes to information about the way things work with the Commissioner. A copy of confidential correspondence is sent both to the Commissioner and to his Chief of Cabinet. It is said that the work language is always in English. This was dated as of 12-7-2005
Todo o correio recebido dirigido ao Comissário Siim Kallas,
em papel ou vindo da 'caixa' Web feedback, vem
directamente para os arquivos do Gabinete. Aqui tratamos de toda a
correspondência, seja ela normal, seja ela Confidencial. Neste último caso o
tratamento dado segue determinados procedimentos pré-estabelecidos
através dos quais é absolutamente respeitada a confidencialidade dos
Portanto, se nos enviar uma cópia papel do que já tiver enviado para o OLAF, basta endereçar o envelope ao Comissário Kallas (sem escrever por fora qualquer palavra que faça suspeitar ser um documento confidencial !), se enviar por correio electrónico talvez seja melhor enviar directamente para mim
[name not shown here]
Cab. Kallas Archives
Tel. 00322-296.54.99 - Fax: 000322-298.84.92
In the answer some doubts are shown about the time of sending the exposition because of the approaching holidays time. It might be better to wait for September. It is said that it is preferable to avoid the handling of this case by anyone brought up in Portugal during the last twenty to thirty years, owing to the environment of corruption developed through that period, which became widely accepted as normal, mined the complete society with rare exceptions. Dated as of 13-7-2005.
Agradeço a informação que amavelmente me prestou. Dentro de alguns dias penso enviar o que desejo em seu nome. Todavia, devido ao período de férias em que entrámos, já não estou muito certo quanto à oportunidade. Quando endereçar a mensagem que desejo ao Exmo. Senhor Siib Kallas, enviarei outras simultâneas a outras entidades.
Devo, no entanto, esclarecer, que a intenção é precisamente evitar a interferência ou o involvimento no assunto, de qualquer pessoa criada ou educada em Portugal durante as últimas décadas. Não se trata de nenhuma discriminação pessoal ou injustificada. Nem qualquer culpa pode ser atribuída a quem quer que seja. Devido ao clima de corrupção desenvolvido durante o referido período e por quase todos aceite como normal, facilmente se imagina a dificuldade humana em escapar à onda, por mais elevados sentimentos ou princípios que se possam ter.
Eis o problema tal como se apresenta em realidade e sem a mínima sombra de qualquer tipo de ofensa.
Duas dúvidas me restam:
– Teria o Exmo. Senhor Siib Kallas tomado conhecimento da minha mensagem?
– Poderá informar-me do período de férias desse senhor, a fim de me permitir proceder de acordo com o mencionado no início da presente? Agora, as férias podem mudar tudo e não sei se não será preferível aguardar até Setembro…
Os meus melhores cumprimentos.
The following message from Mrs. Elisabeth Werner, answers the first e-mail to Mr. Kallas at the top of this page, which she attached to the tail (not repeated here), and tells that as Member of Mr. Kallas Cabinet in charge of anti-fraud, she should handle the case. This approach starts seeming that community funds built with money from honest tax payer citizens is not of enough importance for the Commissioner to look himself into, even if that hard work earned money has been spoiled, stolen or whatever. it seems that some unknown reasons may well be more important than the very reason for what OLAF had been created. Dated as of 14-7-2005.
Dear Mr [name concealed],
Mr Kallas has asked me to reply to your message below.
I am the Member of Mr Kallas Cabinet in charge of anti-fraud.
As you know, OLAF is the investigative body that can look into the case you are planning to transmit.
As Commissioners receive a lot of mail, it would be preferable if you would agree to inform me personally.
Please write to [her e-mail address is not shown here]
Member of Cabinet Kallas
Rue de la Loi 200
Tel 02 29 88766
Fax 02 29 88492
In this message it is express again the wish for the Commissioner to read the exposition that would be sent to OLAF and takes note, not asking for any personal or direct intervention, unless he wants to. All that is expectec from him is to be sure he reads it, therefore to receive his personal confirmation that he did it. However, as seen ahead, Mr. Kallas never confirmed the reception himself or said that he read it. We have to conclude that he has never considered the money from European contributors something worth for him to bother with. We must also believe that by not answering himself he was washing his hands, just like Pilatus. Obviously, we have to think of him exactly the same we think about Pilatus, all proportions maintained. 14-7-2005.
Dear Mrs. Werner,
Thank you very much for your answer.
I am perfectly aware of the large mail received by Mr. Siib Kallas, as it surely happens with his other fellow commissioners, so that perfectly understanding your explanation. However, please believe me, I do not pretend to maintain any correspondence at all with him. All I want – owing only to some special and specific circumstances – is both that he reads the exposition I want to send to OLAF to let him know about, and that he answers me, personally, just confirming that he took notice. This is all, nothing else, full stop.
In fact, I do not even pretend asking him for sending my exposition to OLAF. He is, however and of course, perfectly free to do whatever he feels about. (Why should he not be?) If he considers he should do any recommendation or have a word with anyone concerning this matter, this is only up to him and, again, he may proceed at his own will. Though, in this case I would like to be informed by someone from his office, as you, for instance. I know I am repeating myself, but all I pretend is defined in the preceding paragraph.
In complete disregard of the following message, a personal confirmation from the Commissioner has never been received. As flawlessly mentioned on thr earlier messages, this was the only ground for the expressed wish of forwarding him a copy of the complaint I was going to send to OLAF. This confirms the global consciousnesses of the Commission in what regards the individual citizen's money and overlooking of OLAF. Dated as of 19-7-2005.
Dear Mr [name concealed],
Mr Kallas has agreed that you could send your information to his personal Commission e-mail address Siim.Kallas@cec.eu.int
Let us note that the above e-mail address of Mr. Kallas is not a private address, as requested. It is clearly his UE official e-mail address. This simply implies that this address is accessed by any of his cabinet collaborators, what means that anyone of the few people with access could confirm the reception without his reading the copy of the complaint to OLAF, which was going to be sent on his own name. We know that this is a bit too thorough and may mean some sort of being fussy, but we had to be sure. Therefore, it was accepted, but the fact was dully acknowledged. However, because of the holidays period, this process was suspended until after holidays. We cannot avoid not to think that such procedure about something that might require a responsible action could be probably an escape on taking responsibility, a most coward proceeding if so. Dated as of 20-7-2005.
Dear Mrs. Werner,
I am very thankful for your answer, as well for your caring effort on helping. The e-mail address you kindly recommended does not seem to be a private one (@cec.eu.int), but I will use it.
As I have previously announced, I wish to send my exposition simultaneously to Mr. Kallas, to OLAF and to OLAFS’s Director. Therefore, I have asked OLAF for the Director’s e-mail address, twice, the same way I have done for Mr. Kallas’. However, I have not yet received any answer from OLAF. This may well take a little longer than I initially expected.
In the other hand, as it is taking longer and the holydays period is quickly approaching, I have considered it better awaiting for a while until the end of the holydays. In this case and in order not to bother Mr. Kallas more than what it will be necessary, I would like to ask you for the kindness of informing him about the situation and present my humble apologies for this unexpected delay. I will be back in September.
My thankful kind regards.
This message announced the exposition in a PDF file (the long text under the summary at (http://www.leaopelado.org/english.htm) had just been sent as planned. That massage is copied here, right after this one. Dated as of 25-9-2005.
Dear Mrs. Werner,
Following my last e-mail of which I care to include a copy. I am sending the mentioned messages, simultaneously as previously stated, to Mr. Kallas, Mr. Brüner, and OLAF.
Actually, OLAF never answered to my request about Mr. Brüner’s e-mail address, but I obtained the address from the EU information service. I hope he will get it
This is to thank you for your kind attention
This is the message to Mr. Siim Kallas, the Vice President Commissioner for Administrative Affairs, Audit and Anti-Fraud, containing the exposition in a PDF file, as above. As several times explained, this exposition was sent simultaneously to him, to OLAF and to OLAF''s Director Mr. Franz Herman Brüner. Correspondence with OLAF and its director is on another page. Dated as of 25-9-2005.
I would like to present a complaint to OLAF, or better, provide some information regarding obvious maladministration and corruption in the use of the Community funds. I am enclosing the e-mail I have sent just now to OLAF with an attached PDF file containing the full text. I understand I should do it directly to OLAF’s e-mail address, what I have done. However, for the reasons stated in the last paragraph of the mentioned PDF file, I want to make sure that other important decision makers – including you and OLAF’s Director, Mr. Franz-Hermann Brüner – will receive it too.
The truth is that I think the facts to be much too heavy and very difficult to prove if symptoms, real signs, indicators, general public opinion and knowledge, etc., are automatically set apart and disregarded by an otherwise unfounded or misled decision. Furthermore, I am aware of the fact that the time is not the most appropriate because the present President of the Commission was once part of the government responsible for most of the events in question. I do not consider him corrupt, and I sincerely believe he has never been in any way involved with the corruption I mention in the submitted PDF file. He might have some knowledge about the situation just because he was here, as well as like any other Portuguese citizen living in the country was, but after all he was a Minister of Foreign Affairs, supposedly in no way connected with the internal affairs where the corruption actually occurred. However, he may well feel mistakenly concerned, as well as also unjustifiably believe owing some sort of help to his political party fellows. This, under different circumstances, should be considered as loyalty. Thus, this may well not be the best time, but when should I try to ask OLAF for investigation if not now?
I assume that in order to be sure that these facts will be considered and not lightly put away for any reason whatsoever, it is my duty to try and do my best in that direction. After the above description on the related possible problems, including those in the mentioned last paragraph of my PDF file, I hope I have made clear enough that this is not a lack of trust on OLAF, but a simple anticipation.
Therefore, I am forwarding to you an integral copy of the message to OLAF with the attached PDF file, containing not all the known facts in order not to make it too long, but what I believe to be more significant. I hope this will deserve some of your attention and that a full and deep investigation will follow.
From what I could read in your site I understand you are one of the most eminent and distinguished law professionals in Europe. As a very common citizen, I have never had any law background, and so I am completely ignorant on that matter. Even if I am able to distinguish the right from the wrong and believe that Justice is more important than pity or mercy, I know almost nothing about Justice. Consequently, I may have not written exactly as I should, even if all my writing in the PDF file is right and true. I hope you will not find my exposition too much behind consideration.
Please excuse me if I have bothered you in any way in my effort trying getting help to put things right. Thank you again for giving me the possibility of using this e-mail address, and also in advance for your attention regarding the subject.
With kind regards.
This message from a staff member of the Commissioner's cabinet (archives) (the same who answered the first message to the Commissioner) acknowledges the reception of the complaint and states that a copy has been given to him. The messages are fully transcribed as explained above. On on this one, as well as on the other messages in Portuguese, we notice clearly how the starting letter addressing polite expression is missing (Dear Mr. that translates into Exmo. Senhor) (or wrong). What the wonder, it was written by a Portuguese citizen, not more civilized than most of their pairs, even if working in the cabinet of an European Commissioner (equivalent to a minister). Dated as of 27-9-2005.
Só para sua informação e cumprindo o procedimento e o circuito de documentos habitual dentro do Gabinete - no que diz respeito aos documentos confidenciais -, acabei de passar ao Comissário uma cópia do seu último e-mail, assim como à Sra. Werner.
It has been always stated that the objective was to send the same exposition simultaneously to the Commissioner, OLAF and its director. This e-mail is the answer to the message immediately above announcing that it had just been done. Consequently, the mention that the message to the Commissioner had been forwarded to OLAF, in this reply, seems to be at least misadjusted. Dated as of 30-9-2005.
Mr. Kallas has asked me to thank you for your e-mail of 25 September 2005 on the subject of community funds.
Please note that we have forwarded your letter to OLAF, the European Anti-Fraud Office, http://europa.eu.int/comm/dgs/olaf/ to ensure appropriate follow-up.
Member of Cabinet Kallas
Rue de la Loi 200
Tel 02 29 88766
Fax 02 29 88492
This is the acknowledgement for Mrs. Werner's e-mail, as well as thanking her for the past assistance. At this time any innocent normal person really believed that everything was alright and finished; according to the importance of the facts, OLAF would proceed with an investigation. The time proved this was wrong. Dated as of 2-10-2005.
Dear Mrs. Werner,
This is to acknowledge the reception of your e-mail and to thank you very much for your previous very kind assistance. Please forgive me if you think I have seemed too insistent on sending the e-mail with the attached PDF file directly to Mr. Sim Kallas – and simultaneously to Mr. Franz-Hermann Bruener and OLAF general mail address, all containing the same PDF file –, but that was all I wished, and now I believe I may never need to bother him again. I consider the involvement of such a large amount of the Community funds, for a long period, of the utmost importance. I am positively sure that Mr. Kallas will take special care of the problem, and that a deep investigation will give the expected and obvious results.
By communication of 7-10-2005, OLAF announced the dismissal of the claim on unbelievable and most stupid lying grounds with allegations not corresponding with what was written on the exposition. This was truly a swindle. This e-mail can be found on the page containing the correspondence with OLAF.
Therefore, an e-mail was sent to The Commissioner stating that the allegations for the dismissal of the exposition were wrongly founded on allegations that did not correspond with the writings. Dated as of 31-10-2005.
I start by presenting my apologies for having to write to you again. I really have not expected it would be necessary to bother you again, ever.
My exposition on fraud and corruption on the use of the Community funds, sent simultaneously to you and to the previously mentioned entities, was dismissed exactly with the argument that I had suggested myself that could happen on the last paragraph of the exposition. Not being young, I know that things of this sort may some times happen. This is why I wished this case to be of your knowledge right before the beginning.
Further, the objections given for the dismissal, as per the received answer, were on two points.
The first basic point was, I quote, “OLAF is not in a position, for instance, to audit the use of European funds in a particular country, on the basis of an inference that if corruption exists in the country it will probably also involve European money”, is obviously far from being correct.
The second point was founded on the fact that I had mentioned cases involving only corruption with national funds, which I have precisely defined as to be only examples not regarding the presented cases about the Community funds. They were meant uniquely to show the political corrupt environment, so that providing a base for an easier understanding to the OLAF investigators and nothing else. Therefore, because these cases were included, this does not identify my exposition as an internal affair. If this is the case, I could send the same exposition again, but stripped from the national examples. Let us make it very clear in other words about this point; I have not complained about corruption on national funds, the mentions were nothing but an example uniquely to show the political corrupt environment and cannot be differently interpreted or taken otherwise. What I sent was an exposition strictly involving the fraud and corruption in the use of the Community funds. However, one more comment on this point: if the received answer is correct, how can we connect it with the Romania and Bulgaria as I refer further down? Are there two measures?
It is answered that the allegations I presented are not specific. How can they be specific, when the stated known corruption and maladministration refer to all funds, not one or two alone? I repeat, the facts are well known by every citizen in this country and fully recognized by many entities. It was simply done in most cases. The governments used the heavy bureaucracy (90% to 95% of it still existing) to make the application (better call it distribution) of the Community funds particularly difficult. In this environment tit was extremely easy to refuse the access to the funds to anyone with a genuine reason and well found dossier, as well as easy to refuse the funds to those who did not needed them for what they were meant, but for other particular reason. In addition, it must be underlined that as usually in the country, the bureaucracy makes enormous difficulties on accessing any official benefit or anything else. Hence, only those well off or able to pay lawyers and expensive fees could try to access the Community funds, from where we can conclude that the access to the funds was restricted to those not needing them so much and to influent politicians and their fiends. This way, they were distributed only to people with friends in the government, because the positions of those who take such decisions were (and still are) not filled by competent people, by public contest, but appointed by the governing parties to party militants, changing every time the political party in government changes. This was longishly explained, but apparently not understood or also dismissed.
Consequently, the Community funds were given away to “politicians & friends”, exactly as I explained, almost never used for their specific reasons. The second consequence, in long throw, was composed by two results. First, those who received the funds, not using them for what they received them, got immensely rich, buying estate, expensive cars, etc. Second, the funds not being used for what they were meant, Portugal stopped making progress, staying every year more behind. This did not show up at the time, obviously, because there was a lot of extra money in circulation, not invested but simply used. Now we can see the absolutely normal full penalty that started showing a few years ago, in the right time, after the circulating funds have progressively finished generating an artificial and unfunded feeling of wealth. This artificial situation also supplied the necessary votes for the party in government to stay there for much longer than usually in the country. This was a welcome collateral effect for the governing party.
Therefore, the whole of this corruption and maladministration of the Community funds generated the financial situation of the country today. Of course, the Portuguese politicians are more than interested on covering up the facts and deny them, attributing the faults to anyone else. Is there any conscious person able to add 2 plus 2 and not dumb behind hope – like most Portuguese are – to the point of recognising such simple facts.
Apart other references, I gave seven of very high placed people well acquainted with the facts, including university professors, a judge, and a specific expert on administration in the Council of Europe and European Union consultant, Mr. António Rebordão Montalvo. It seems that if OLAF had the will to discover the truth and a penchant for justice, had more than enough where to start investigating and at least ask a few questions around. I do not believe they expect that someone else will present them a finished case, investigation included. Do they not they have their own investigating body, which is the only one they must trust?
Finally, last week, on the Euronews site we could read the following, which I quote literally. “The European Commission has released its annual progress reports on candidate countries Bulgaria and Romania. Brussels has warned the two governments that their accession could be delayed by a year if they fail to tackle corruption and improve border controls.” This text is still available there for anyone wanting to read it. May I ask if this decision is specific to these two countries alone, not enclosing any other one in a similar situation?
Consequently, I have to ask you for kindly re-appreciating this case, as well as give me your personal opinion and advice, please, which was certainly not necessary before. Having looked for some information about you, I do believe you have a very high sense of honour and justice, and cannot or will not allow the Community funds to be dilapidated the way they were in Portugal. Someone has to put an end to it and make justice.
For your information and easy quick reference if needed, I am attaching the received answer from OLAF, as well as the complete e-mail I sent to OLAF. This is the same e-mail that I attached to my previous and only e-mail to you.
Please, again, accept my sincere apologies, but I firmly believe that I have two good reasons for insisting. (1) The many billions or trillions of Euros attributed from the Community budget (built up from the taxes paid by the contributing honest citizens of the EU and their families, most of them not rich) must not be fraudulently used and arbitrarily stolen. (2) I equally firmly believe that justice is the most important thing on Earth, and justice should always be made.
The preceding letter was answered by someone else on behalf of the member of the Commissioner's cabinet, Mrs. Elisabeth Werner, in turn on behalf of the Commissioner. This e-mail contained the answer in a PDF file that can be found by following the link after the text. Dated as of 10-11-2005.
Dear Mr. [name withheld],
Please find attached a reply from Mrs. Elisabeth Werner, Member of
Cabinet Kallas, in response to your e-mail of 31.10.2005.
Office of Mrs. Elisabeth Werner
Rue de la Loi 200
The attachment mentioned on the e-mail above can be seen in here.
The taken resolution was contested as follows. Dated as of 23-11-2005.
Dear Mrs. Werner,
This is to acknowledge and thank you for your reply, as well as for the contained suggestions. I am sorry for having taken so long to write to you.
I know large organisations are, and usually have to be heavily bureaucratized, like the United Nations, where I was, in Geneva, for most of the time while the facts occurred, coming here only from time to time, taking notice of what was going on, but not able to investigate. Then it was easier because there were many simultaneous cases to look for, but now, when anyone tries to know or ask something, it is like talking to a wall and does not get any answer. In addition, those who profited from the situation will not be the first to talk. Only an official investigation can break through the situation.
However, Mário Soares confirmed today that while he was President of the Portuguese Republic, many people bought expensive cars, state, buildings and houses, becoming immensely wealthy with the corrupted use of the Community funds. In addition, he said that this is the cause of the present poverty in Portugal. Please remember, I used these very same words as part of my complaint. This has been recorded by the television channels and nationally broadcast on all their news. Therefore, it seems obvious that Mr, Sim Kallas should really review the situation and push OLAF to do what is no more than its mission – what it is supposed to do – or else people will be have to believe that one of OLAF’s jobs is covering up corruption and maladministration in the use of the Community funds.
Nevertheless, today it is impossible to recognize the miserable state the country is in and overlook the reason. The responsible government of the time must explain what was done of the some 5 million Euros received per day, for quite a long period. This was a crime that OLAF now seems pretend to cover up.
However, I am not giving up for the reasons you know, mostly because it is not right that the money paid from the pockets and with the work of honest citizens of the contributing countries, mainly France and Germany (the major contributors), should be recklessly dilapidated and stolen with full impunity by corruption and maladministration.
Mrs. Elisabeth Werner answered refuting the presented more than obviously correct reasons and justifications. Dated as of 5-12-2005.
Dear Mr. [name withheld],
Thank you for your e-mail of 23 November 2005.
I would like to firmly counter the idea or impression that OLAF or the Commission are involved in any covering up.
However, as pointed out in our previous reply, the European Commission and OLAF can only initiate investigations based on evidence relating to specific programmes or projects. If you can name concrete cases, please forward your suspicions to us.
Member of Cabinet Kallas
Rue de la Loi 200
As Mrs. Elisabeth Werner seemed not happy with the possible and apparent "covering up" idea of OLAF's this was answered once more to finish up the case. No need to insist any further. What else could it be apart from covering up corruption when OLAF was openly behaving against its own "raison d'être", as can be read. Dated as of 4-1-2006.
Dear Mrs. Werner,
Thank you very much for your e-mail. I sincerely apologise for having not answered earlier as I should. I had a lot of mail and lost track of yours. This is what happened, but I understand there is no excuse for such a delay. Therefore, again, I apologise.
What I wrote on the e-mail you refer was no more than mentioning some facts. These facts are not aimed at anyone personally, but still they are facts and can only be taken as such. That there was corruption and maladministration on the use of Community funds as I said and as Mário Soares indicated after me, nationally widely broadcast on television on 23-11-05 and without any complaint from those he accused, cannot be denied. Further more, he was the President and even today he is supposed to know what happened under his nose and whom he accuses.
My mention of Mário Soares was based on two simple grounds. One is because he is well known over all Europe, no matter whether liked or disliked. The other is because, after all, he is no more than one among an uncountable number of people knowing and saying exactly what I said and he confirmed.
If the above mentioned are facts and are true, what idea can we make of an official service such as OLAF, which only reason to exist is checking on such facts, but overlooks them? The only answer coming to my reasoning is on my previous e-mail. If you or anyone else has another justification, please let me learn it. Or else, do not take my words, ask Mário Soares.
This case has not yet reached the end. Believing having not received the proper treatment from OLAF, I will present it to the governments of the concerned countries that most contributed to the dilapidated funds. I shall send it to the most important newspapers of the same countries. I may not get satisfaction, but I will do my duty on trying to obtain justice for all.
I would like to take this opportunity to remark that – whatever the result – you have followed this case showing interest and kindness. For this, I would like to express my sincere appreciation and gratitude.
Go to the main page