Bonum Certa Men Certa

How the EPO Prevented Scapegoats ('Defendants') in Its Mock 'Trials' From Actually Presenting a Defense

Francisco Goya
The Third of May by Francisco Goya (1746–1828)



Summary: Ms Hardon's lawyers have made it very clear that the firings are “politically motivated” as well as absurd as accusations are unfounded; “many of the “facts” presented by the Disciplinary Committee are incorrect,” they said and “charges against my client are malicious, absurd and ill-founded and should be withdrawn.”

IN a civilised society (i.e. not in the EPO) a typical trial has an accuser/plaintiff and a defended party (defendant). In Eponia, however, which is a cesspool of injustice at the very heart of Europe and Germany, there is just an accuser, who is also the jury, judge, executioner etc. Hey, why not just call this the SS?



The EPO's lackeys of Team Battistelli, including Ms Bergot who was appointed under amazing circumstances [1, 2, 3, 4], are disregarding any opposing views as we showed here before. Now we have the following letter which says a lot more:

Re: Final Observations in Disciplinary Procedure D8/2015

Dear Ms Bergot,

The sheer number of investigations against my client (three in two years), the nature of the charges and the lack of evidence for these charges are indicative of a harassment process, not by my client but against my client. The absurdity of the charges against my client and against her colleagues of SUEPO is easily recognized by all1, as is the aim of the exercise. By pursuing such charges, the administration is diverting valuable resources from more worthwhile issues and bringing the EPO into disrepute.

The present disciplinary procedure and the preceding investigations against my client, a prominent member of the SUEPO, are clearly politically motivated. Making martyrs (i.e. disciplining staff on the basis of trumped-up charges) is never the best way to make peace. The initiation and pursuit of such charges make a mockery of the President’s claim that he is interested in social dialogue and/or recognizing the SUEPO.

In view of your active involvement at all stages of the procedure, starting with the fact that the harassment complaints were filed by yourself instead of by the alleged victims, followed by interventions on behalf of the Investigative Unit during the investigative process, the initiation of disciplinary proceedings before the investigation process had been completed and your attendance in person at the disciplinary hearing, the strong impression arises that you are pursuing a personal vendetta rather than justice.

The numerous procedural errors, both in the investigative process and in the following disciplinary procedure are a disgrace for an Office that is dedicated to the proper administration of law. Mistakes like entering into the substance of the matter before dealing with procedural issues such as late-filed documents (as happened during the hearing before the Disciplinary Committee) are obvious to every examiner. It is incomprehensible how a Disciplinary Committee comprising four Principal Directors, one of whom is a lawyer, can commit such errors.

_____ 1 See e.g. http://ipkitten.blogspot.de/2015/10/when-harassment-gains-new-meaning-epo.html,http://ipkitten.blogspot.de/2015/10/epo-bids-to-save-litigating-employees.html, Decision Case number. Art. 23 1/15 of Enlarged Board of Appeal.




Moreover, many of the “facts” presented by the Disciplinary Committee are incorrect. For example, with respect to the harassment allegations the external investigators concluded that “the exact wording could not be established2”. Of the seven witnesses questioned only one (!) claimed that the wording relied on by the Disciplinary Committee was in fact used. My client strongly denies having used this wording. The Disciplinary Committee nevertheless presented that version of events as an established fact. The misrepresentation of such basic facts raises doubts about the independence and impartiality of the Disciplinary Committee.

Contrary to the allegations of the Disciplinary Committee the investigations C-62 and C-62b are not independent from each other. The Investigation Unit itself claimed to have been mandated to pursue the investigation against my client by the decision of the Administrative Council in the legal document CA/D 12/14 which indeed was the basis for the investigation against the DG3 member.

For the avoidance of doubt, my client emphatically denies having committed any misconduct. She denies in particular having distributed defamatory material about VP4, having knowledge of the alleged establishment of a technical Dark Web TOR network and other, similar means (which due to the fact of the proxy settings of the Office is impossible), having knowledge that confidential EPO material (e.g. from an ongoing DG3 case) is being distributed to third parties, having harassed or threatening other staff representatives or have behaved in an inappropriate way as she disclosed to staff the unlawful acts of the Office and the abuse of power.

The whole procedure impressively documents the legal vacuum created by the President of the Office by exposing the arbitrariness of the illegal regime under which the Office and its staff suffers. By means of the implementation of invalid or otherwise manifestly defective legal instruments such as inter alia Circular No. 342, the insufficient Data Protection Guidelines and by violating the principles due process the President of the Office has managed to create a legal system which is in clear conflict with democratic values and the rule of law.

The charges against my client are malicious, absurd and ill-founded and should be withdrawn.

On behalf of my client, I herewith request that the costs for the legal defence of my client be reimbursed in their entirety. I further request moral and/or exemplary damages for the distress caused.

With Best Regards,

Åženay Okyay Rechtsanwältin

.cc Chairman of the Administrative Council Dutch delegate German delegate

_____ 2 See page 5, second last paragraph of the report of Control Risks


We have more on this topic tomorrow. Please contact delegates, as we've just pointed out. Some of them are responsive and are increasingly worried about this sheer abuse by Team Battistelli.

The EPO is like those hawkish political parties that bomb nations without asking for consent from the public. They drop bombs and let others clean up the mess. They rarely even ask any questions later, e.g. when there is blowback. Carrying out these attacks (union-busting) on a Friday wouldn't soften the blow if people did take action (like contacting delegates). Write to them. It will help. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part XXX - Breaking This Year’s Election Process With Bug Doors in Restricted Boot
Thankfully here in the UK we typically still vote with paper and pencil
Intercontinental Brigading - Part XXIX - Undermining US Election While Engaging in Lawfare in England (BBC) Against Publishers That Cover Anti-Election Violence
The elephant in the room is back doors in voting machines
 
Intercontinental Brigading - Part XXXI - Microsoft and Promoters of "Secure Boot" Are to Blame
the important thing is that the dictator and Microsoft can remotely control all computers
Links 03/11/2026: Science Around "Near-Death Experiences" and "Do Animals Grieve?"
Links for the day
Gemini Links 03/11/2026: Guitar, 3D-Printable Electric Spinning Wheel, Against Haven Social, and More
Links for the day
Intel Corporation Down Over 51% in One Month, the US Bailout Didn't Work
Is the slop industry [sic] next?
Microsoft European Development Centre (EDC) Next to be Culled?
No time for that anymore
Mass Layoffs at SUSE, Over 10% of Staff Gone
Ignore their excuses
When You're a Software Developer and They Tell You That Your Occupation is Dead or Dying in Order to Sell Dysfunctional Offerings Based on Hype (and Plagiarism)
Disbelief is a strength when companies borrow trillions of dollars to sell a dud and construct a pyramid scheme
Links 03/11/2026: Slop-Tied Debt is Becoming a Crisis (Lenders Panic), "Ukrainian Journalists Urge Global Media Not to Look Away From Russian Aggression"
Links for the day
Malaysia Seems to be Exploring Digital Independence With GNU/Linux and More
not too bad
Microsoft Windows is Crashing in Republic of South Korea
Like in Japan, they seem to be shutting the lid on decades of Microsoft-isms
Think Less, Aim for Less (When It Comes to Hardware)
An abundance of hardware being wasted on a pyramid scheme will become a cautionary tale one day
Gemini Links 03/11/2026: Stargazing, Linux-Powered Prism "Ambient Computer", and Abandoning Streaming Disservices
Links for the day
GNU/Linux Made Big Strides in Portugal This Year
Microsoft had many layoffs in Portugal in recent years
GNU/Linux in Argentina Now Measured at 8% "Market Share"
Argentina is known for exporting skilled footballers, not advanced technology, but it has a large population, which we can hope will dump Windows
Microsoft is Borrowing Loads of Money While Telling 60,000 Workers to Take the "Offer" and Leave, Microsoft Wants Bailouts From the Dictator
Vote in elections and also vote with your wallet
Microsoft and Spoilt Food
Some whistleblowers may be needed here
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 02, 2026
IRC logs for Monday, November 02, 2026
Links 02/11/2026: Bracing for US Election and New Zealand Has November 7 Election
Links for the day
Gemini Links 02/11/2026: Beginning With Gemini Protocol, Looking for CoCs, and Slop for Local Data
Links for the day
NDA-Compatible PIPs and RAs at IBM Red Hat
We welcome Red Hat whistleblowers who can share with us the NDA/s passed their way
The Tower of Babel
More is not better
When Large American "Tech" Companies Can No Longer Complete Payroll
In spite of several very large waves of Dell layoffs, which the media reported on, it seems like they are still experienceng payroll problems, maybe that's why money is being borrowed
GNU/Linux Rises in African's Largest Population
15% in Nigeria [...] A country with over 200 million people
The Register MS Has Just Published a Fake Article With "AI" 28 Times in the Page (Communist Party of China Entity Paid for That)
In IRC, someone has just pointed out that an article at The Register MS repeats Microsoft's lies about its financial situation
Windows Down to All-Time Low, Says statCounter, While Microsoft Tells 60,000 Workers They're No Longer Necessary
Microsoft must be feeling "salty" right now
A British Uphill Battle to Eliminate Microsoft and Its American Back Doors
There are places of work and homes where GNU/Linux is installed and regularly used, not as a mere hobby but as a hyper-productive, practical tool
Writing for Good
The Web has an abundance of junk
Technical Coverage of US Elections
When elections are done by computers and decided by computers it becomes a tech issue
By Killing the "Linux News Section" in Softpedia (the Most Popular Section, Based on Its Editor) Softpedia Killed Itself
Enjoy Ballmer
Linkspam in "It's FOSS" Today (and It's Not Even FOSS)
free-to-access ad for some dodgy companies and the URLs are 'tampered' for cashback
Links 02/11/2026: Slop Destroying Mathematics and "Democracy is Not on the Ballot" (in US)
Links for the day
Celebrating Photography, Celebrating Life, Celebrating Magnificent Humanity, Not Plagiarism Disservices
Any time we adopt or spread slop imagery we are participating in the problem
Year-Long Celebration Starts on Saturday
This coming Saturday we turn 20
Intercontinental Brigading - Part XXVIII - Microsoft Doesn't Want People to Speak About Microsoft-Controlled Restricted ('Secure') Boot, a Silent Injustice and Back Door/Kill Switch
Can we please stop treating this as normal or acceptable?
On Desktops/Laptops, Clownflare Sees Windows at Under 60% and GNU/Linux at 15% This Past Weekend
Impressive if accurate
Microsoft Lunduke is Slop
Microsoft Lunduke is just trying to stir up hatred
Intercontinental Brigading - Part XXVII - Shooting the Messengers (People Who Oppose Microsoft Back Doors), Even Across the Atlantic
Keep this in mind later this week when a dictator either discredits the voting or covertly tampers with the voting process
Microsoft Wants 60,000 Employees Gone (One Way or Another)
At IBM, 15% of staff got marked as candidates for removal; at Microsoft it's almost 30%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 01, 2026
IRC logs for Sunday, November 01, 2026
Jean-Claude Van Linus
Claude talking?
Gemini Links 01/11/2026: OpenBSD, Broken MicroHDMI, Nextcloud, and More
Links for the day
IBM Vapourware on a Budget (to Grab Bailouts From US Taxpayers)
Anderon is the sort of thing that makes IBMers uncomfortable
Links 01/11/2026: Digital Minimalism and "Palantir Cofounder Announces Cruel Plan to Breed Thousands of Lab Monkeys for Medical Experiments"
Links for the day
Microsoft Accenture in Trouble, Accenture’s Debt Skyrockets
Seeing a wave of adoption of Free software in Europe, it's not exactly shocking that "consultants" from Microsoft Accenture are no longer in demand
Microsoft Says Its "Goodwill" Value Has Been Declining for Years, But It Also Claimed That Doubled in One Year
Wall Street deserves far more criticism or scepticism (at the very least)
SkyChatz: From Nothing to #2 in IRC (in Less Than a Year)
Second only to Libera.Chat
Making Up Words or Inventing a Vocabulary
Or why Large Language Models are useless
Assange on What Lula Means to Free Press
Here in the UK we've also found our 'Lulas'
GNU/Linux is No Underdog (But There Are Attempts to Put It "To Sleep")
There's a moral imperative
Intercontinental Brigading - Part XXVI - The "Law and Order" Candidate Who Crushes Both Law and Order and Even Rejects Election Outcomes (Insurrection Follows)
A world without real technical security is a world void of democracy, justice, and human rights
Links 01/11/2026: Malaysian Media Perishing, France Belatedly Identifies Social Control Media as Weaponised Yellow Press
Links for the day
Gemini Links 01/11/2026: "Trick-or-Treating seems to be dead, at least in our neighborhood"; BaseFree Numerical System and Human Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 31, 2026
IRC logs for Saturday, October 31, 2026