Bonum Certa Men Certa

The EPO's Sham 'Internal Investigation' of EPO Vice-President Željko Topić's Affairs

Benoît Battistelli probing the Topić affair is akin to John Brennan probing CIA abuses

John Brennan

Summary: The EPO never investigated the Željko Topić affair, it only pretends to have investigated it (one small aspect, i.e. cherry-picking) using a Benoît Battistelli-controlled group

OUR ~70 articles about the EPO's management have so far shown misconduct and a lot of dark background when it comes to Željko Topić. They have demonstrated that EPO dissent is not to be attributed to few disgruntled employees but the institution as a whole, as well as outsiders, including some of the biggest stakeholders.



The so-called "internal investigation" of the EPO is worse than a sham. It's a case of the EPO investigating itself, as the CIA has done after its staff had been cracking US Senate PCs -- the same PCs used to investigate illegal CIA torture at the time. The EPO shows that it has become as unaccountable as the CIA. The "internal investigation" was more like a coverup and an attack on legitimate critics.

Let's go back in time and see what this "internal investigation" actually involved. Here is Benoît Battistelli calling it "Defamation Campaign" [PDF] before the investigation even began! Way to go, Battistelli. You had given away your bias even before the "internal investigation" began. Here is what he posted internally:

Defamation Campaign against VP 4



26.02.2013

Note to All Staff

Over the past couple of days an obviously concerted effort has been made to attack the reputation and standing of the Vice-President of DG 4, Mr Topic. This has taken the form of anonymous letters being sent and/or made available to EPO employees.

In the face of this vicious campaign, I wish to make clear that the allegations are without any foundation. They have already been dismissed by the Croatian authorities. Furthermore, Mr Topic engaged legal proceedings some time ago in Zagreb, for criminal slander and defamation as well as for damages against parties who have published the allegations.

I believe that all EPO staff will deplore the events which have occurred and share my shock and sadness that the circumstances surrounding the anonymous letters - the postmarks, the forms of address and so on - clearly point to the involvement of persons with a connection to and precise knowledge of the EPO in Munich.

My duty is to defend every staff members by all legal means if they, through an attack to their dignity and integrity, become victims of harassment. But beyond this general principle, we cannot tolerate the behaviour of those who spread false and malicious rumours with impunity, the content of which clearly bears the mark of entrenched prejudice against our first Vice-President from a new member State.

Should any member of EPO staff be found to have played a role in the cowardly anonymous attacks against Mr Topic, he she or they will be called to account.

Benoît Battistelli President


It was only 4 months later that there was an update on this, so one might think that a thorough investigation took place, probing Topić's very notorious background in Croatia. But no. Look what took 4 months. Florian Andres wrote Communique PD 0/6 [PDF], stating:

The investigation demonstrated that all aspects of the allegations pertaining to an alleged falsification of academic credentials are baseless.


That's it? It does nothing at all to dispel the allegations about the Vice-President and instead deals with just one dubious aspect relating to his academic degree, extrapolating this to imply that he is totally innocent just because he didn't fabricate his diploma. It's like a straw man.

Communique No. 29 [PDF] was published on the very same date. Repeating this, Battistelli did a "me too"post:

The investigation concludes that the accusations concerning Mr Topic's academic qualifications are entirely without foundation.


Ah, all right! Topić is therefore a Saint. As if that was the only accusation against him.

"It’s like a straw man."This actually goes deeper than this and thanks to an unnamed source we are now in possession of additional [PDF] documents [PDF]. Our source says: "We are informed that Dr. Peter Gauweiler a member of the German Bundestag (Federal Parliament) from the Bavarian CSU submitted a query to the German Ministry of Justice in October 2013.

"According to our information, he received the following response:

€«Die gegen Herrn Željko Topić erhobenen Vorwürfe sind dem Bundesministerium der Justiz – aufgrund mehrerer anonymer Schreiben – bekannt. Im Ergebnis ist es dem Bundesministerium der Justiz jedoch nicht möglich zu klären, ob die Vorwürfe letztlich begründet sind. Nach Auskunft des Europäischen Patentamtes hat allerdings in dieser Angelegenheit der Präsident des Europäischen Patentamts interne Ermittlungen aufgenommen und sogar einen Vertreter nach Kroatien entsandt, um unmittelbar vor Ort Nachforschungen zu betreiben. Nach hiesigem Kenntnisstand haben diese Ermittlungen keine Anhaltpunkte für etwaige Verfehlungen ergeben.€»

Translation:

“The Federal Ministry of Justice is aware of the allegations which have been raised against Mr. Željko Topić as a result of a number of anonymous letters. Ultimately, however, it is not possible for the Federal Ministry of Justice to determine whether or not there is any substance to these allegations. Nevertheless, according to information provided by the European Patent Office, the President of the EPO initiated internal investigations into the matter and even dispatched a representative to Croatia to carry out enquiries locally. According to the information currently available to us, these investigations did not yield any evidence of possible irregularities.”

But wait, they did nothing to address allegations about corruption by Topić. They cherry-picked just one aspect of many.

Our source's observations are as follows:

1. The German Ministry of Justice seems to have a surprisingly poor level of geographical knowledge. The EPO investigators were sent to the University of Banja Luka which is actually in Bosnia & Hercegovina, not Croatia! This is because Topić who is apparently an ethnic Croat and pursued a career in the Croatian civil service, was originally born in Banja Luka in Bosnia & Hercegovina prior to the breakup of the former Republic of Yugoslavia. He studied at the University there before moving to Zagreb in the late 1980s or early 1990s. Thus allegations relating to his claim to have an MBA from the University of Banja Luka had to be investigated in Bosnia & Hercegovina – not Croatia.

2. The EPO’s internal investigation was restricted to just one specific aspect of the allegations against Topić, namely allegations concerning irregularities in his claimed academic qualifications. The various other allegations raised against Topić have never been subject to any investigation by the EPO.

3. The EPO’s internal investigation was carried out by the so-called “Internal Audit” department which is directly under Battistelli’s control. Given that Battistelli sponsored Topić’s candidacy as Vice-President, there is a clear conflict of interest here. This investigation cannot realistically be considered as an independent investigation.

4. In fact, in February 2013, Battistelli had already informed EPO staff that all allegations against Topić were completely baseless and without foundation. This claim was made by Battistelli before any internal investigation had been carried out! He also claimed that all of the allegations had been dismissed by the Croatian authorities. This is complete hogwash as a number of the alleged irregularities are the subject of pending court proceedings in Croatia.

5. The EPO’s Administrative Council was informed about Battistelli’s internal investigation at its meeting in June 2013. They apparently accepted these findings at face value and didn’t ask any questions.


The above assertions were made completely independently from Techrights, which, having received copies of these messages some time last year, reached the conclusions in (2) and (4) above, namely that it's a biased 'investigation' with pre-determinded outcome of only one aspect among many. Any person with some knowledge of the Topić affair would have seen this charade for what it is because it is very shallow. Battistelli showed a very low degree of sophistication here; his attempt to whitewash Topić is self-undermining and misguided. It helps show just how corrupt this system of pseudo-oversight has truly become. If only Battistelli can invoke 'investigation' of his own cronies, then what kind of investigation can that ever be?

In one of the newly-presented exhibits (above) refer to the documents of "SUMMARY OF DECISIONS of the 136th meeting of the ADMINISTRATIVE COUNCIL", specifically item 1.7 (emphasis added):

11. Meeting in restricted composition, without the observers and the staff and Office representatives (apart from the President), the Council

€· took note of the results of an investigation recently conducted by the independent [sic] Internal audit. This investigation concerned the Vice-President DG 4, appointed by the Council.

€· addressed broad issues pertaining to the social situation and the social dialogue. The Council reiterated its full support to the President in his endeavours to achieve reasonable and balanced measure.



The Internal Audit department is not "independent", it is directly under the control of the EPO President. These inadequacies in the “internal investigation” carried out by the EPO were subsequently commented on in the Croatian press in an article published in October 2013 [PDF].

Putting aside the summary, see "MINUTES of the 136th meeting of the ADMINISTRATIVE COUNCIL Munich, 26 and 27 June 2013" (the other new document) and refer to Item 1.7 on page 8/48 (emphasis added):

41. Meeting in restricted composition, without the observers and staff and Office representatives (apart from the President), the Council

- noted the outcome of a recent independent enquiry by Internal Audit concerning Vice-President DG 4, a Council appointee, and noted with great satisfaction that the enquiry had shown that all allegations against him were unfounded, and expressed every sympathy for him

- addressed various questions relating to the social situation and social dialogue, and reiterated its full support for the President in searching for reasonable and balanced measures.


Observations made by our source are as follows:

1. The minutes of the AC meeting refer to "a recent independent enquiry by Internal Audit".

This is complete nonsense because, as we mentioned previously, the Internal Audit department is not "independent". It is directly and exclusively under Battistelli's control.

The appointment and replacement of the Head of Internal Audit lies completely within Battistelli's discretion.

2. The AC "noted with great satisfaction that the enquiry had shown that all allegations against him were unfounded".

More nonsense. The enquiry purported to have established that one specific allegation relating to Topić's academic qualifications was unfounded. It made no attempt to investigate any other allegations against him.

There has been no further investigation of the matter by the AC since June 2013.

So, the above represents the official EPO position, i.e. an "independent" internal investigation has (allegedly) established that all allegations against Topić are unfounded.

So as far as the AC is concerned, the matter is closed.

The funny thing about all this is that before any investigation was ever carried out, Battistelli had already announced more or less the same result to EPO staff in a note issued on 26 February 2013:

"... I wish to make clear that the allegations are without any foundation. They have already been dismissed by the Croatian authorities."

Unfortunately Battistelli never bothered to explain which "Croatian authorities" he was relying on for this assertion which appears to be incorrect.

According to in the formation which we have from reliable sources in Zagreb, a number of lawsuits, including both criminal and civil proceedings, are pending against Topić in Croatia.


In conclusion, Battistelli is a tyrant, a liar, and a revisionist. He is eager to deceive his own staff by protecting thugs whom he uses for 'protection'.

We have a lot more coming about Topić. We received another large heap of documents and half a gigabyte of videos last night.

Recent Techrights' Posts

Georgia Institute of Technology (Georgia Tech) Formally Announces Upcoming Richard Stallman Talk
Room 100, Scheller College of Business
The four freedoms and GNU/Linux naming controversy, by Akira Urushibata
Social control media owned and run by 'broligarchs' keeps attacking RMS for insisting on names that include GNU
Open Source Initiative (OSI) Not Doing Its Job, Instead It's Promoting Microsoft Ponzi Schemes
it participates in Microsoft's Ponzi scheme, which helps Microsoft distract from or excuse the mass layoffs
The Register MS: Installing Free Software on Your Device is 'Sideloading'
This is a form of propaganda
 
Links 08/01/2026: Possible "Collapse of NATO Over Greenland"; Journalistic Malpractice and "US Voters Hate Slop"
Links for the day
EPO People Power - Part XXVIII - A Sensitive Issue for Germany and The Netherlands
If Germans who read this series can communicate this to public officials or to their media, maybe they can strike a nerve and get the ball rolling
Age Discrimination at IBM Discussed Amid Mass Layoffs (Especially in the United States)
Workers are anxious. Are they next to face the axe?
Gemini Links 08/01/2026: Potentiometer Calculator, Power Outages, Why You Should Abandon Discord for IRC (e.g. Ergo), and Formatting Gopher Posts
Links for the day
Links 08/01/2026: More Software Patents Squashed, White House Repeats Misinformation From the Kremlin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 07, 2026
IRC logs for Wednesday, January 07, 2026
The Free Software Foundation (FSF) Looking to Add Associate Members
"Celebrate '26 by helping us reach our New Year's goal before Jan. 16: join as an associate member today. You will help the FSF remain strong and independent to empower technology users everywhere. Join us today and help us reach our goal of 100 new associate members!"
Only Google is Still Spreading Lots of Slopfarms' Fake News and Plagiarism About Linux
2 days' worth of Google News spewing crap out about "Linux"
Links 07/01/2026: Europe's 'Binding Commitments' on Ukraine's Security, "Venezuelan Leaders Project Independence"
Links for the day
Gemini Links 07/01/2026: Smart Toaster and Social Control Media Fatigue
Links for the day
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Even Microsofters Now Speak About Microsoft Reportedly Planning to Sack 10% of Its Staff (as Early as This Month, or 2 Weeks From Now) as Real Income Falls
Microsoft buying from Microsoft isn't real income, it is accounting fraud
Crans-Montana, Le Constellation: journalists, victims' families, ProtonMail users at risk, police raids
Reprinted with permission from Daniel Pocock
GNU/Linux Reaches All-Time High in Tanzania
This month (and year) GNU/Linux is measured at an all-time high there, based on the data that statCounter can see
Links 07/01/2026: Microsoft ChatGPT Killing People and Microsoft "Github monopoly is destroying the open source ecosystem"
Links for the day
Mass Layoffs in Microsoft's XBox Soon, Just Like We've Said for Months
IBM and Microsoft are heading in a similar trajectory and are hiding how bad things are using similar tactics
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Now It's a Mainstream Media (MSM) Story: Microsoft Layoffs Coming, They'll be Vast (and They Blame "AI", As Usual!)
the books were cooked (accounting fraud) to hide what really went on
Frankly Getting Sick of Slop About "AI" (Slop)
Calling everything out there "AI" serves nobody and nothing but the Ponzi scheme
Stick to the Science, the Facts, the Observable Reality
Science is at the heart of this site
Africa's Search Market Has Been Unfavourable to Microsoft
In Africa, as we've just noticed, Bing is moving down, even more sharply this year
Slideshare is Slop
Be sure fools will rewrite history online
Gemini Links 07/01/2026: Looking at 2026, Linux Anti-Minimalism, Diode Function Generators, and Inkscape
Links for the day
Projection Tactics - Part I: What is "Serious Harm"? Or Whose?
the most serious harm was done to us
Links 07/01/2026: More Signs XBox the Console is Dead/Dying, Convicted Felon Repeats Threats of Greenland Annexation
Links for the day
EPO People Power - Part XXVII - Science- and Principles-First Journalism About Issues That Matter
journalism became so shallow that nowadays it can be replaced by bots
Media Gaslighting Dooms the Media
this "AI" gaslighting is done because publishers get paid to do so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 06, 2026
IRC logs for Tuesday, January 06, 2026
Gemini Links 06/01/2026: Collective Responsibility, Pico2DVI, and TV Detox
Links for the day
Microsoft Loves Freedom, Democracy... and Linux? No, Microsoft Laying Off Because "Microsoft Loves Linux" Was Failed Posturing, Its Former Staff Moves to GNU/Linux
"What are the running totals for IBM and Microsoft layoffs?"
GNU/Linux at 4% "Market Share" (Even According to Steam Survey)
Another milestone
Links 06/01/2026: Neglect of the Elderly, Abandonment of International Laws
Links for the day
Links 06/01/2026: More Reports Point to Mass Layoffs at Microsoft (Later This Month), Greenland/Denmark Cautions the Dictator Who Illegally Invaded Venezuela
Links for the day
Internet Policy/Net Reality: You Must Never Ever Rely on Google (no "S.E.O." Either)
Stack Overflow is dying
Ahead of Mass Layoffs Microsoft Tries to Rebrand or Redefine XBox (Because the XBox is Tentatively Dead)
2026 will be the last year of XBox in all likelihood
Richard Stallman (RMS) Announces His Georgia Talk 2.5 Weeks in Advance
A lot earlier than usual
Dr. Andy Farnell on Technology That Harms People (and Lack of Regulation Which is Needed to Address This Problem)
Dr. Farnell's article is long but well worth reading
GNU/Linux Rising to 5% in Cameroon and It's Hardly the Exception
"AI" is just a smokescreen as losses pile up
Rumours: Microsoft to Lay Off 12,500-25,000 Workers Soon (Tentatively Wednesday, 15 Days From Now)
"Layoffs are coming third full week of Jan. Likely 21st but these things can move around a bit based on last minute developments."
EPO People Power - Part XXVI - European Media Has Become Part of the Problem
it is as clear as daylight that Cocainegate is real
IBM 2026 "Organizational Change/s" Means Layoffs Resume Soon, Some Claim "Forever Layoffs."
It's about "narrative control"
Microsoft Layoffs in January 2026
Get ready
Google Still Boosting Slopfarms
Slopfarms will probably all perish as soon as Google News quits sending them visitors
Links 06/01/2026: Cryptocurrency Scam Emails and Greenland's Fear of Getting 'Venezuelad'
Links for the day
Links 06/01/2026: DIY Projects and Inertial Music
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 05, 2026
IRC logs for Monday, January 05, 2026