To the
Staatsanwaltschaft Wien
Public Prosecutor’s Office Vienna
Landesgerichtsstr. 11
1080 Vienna
Austria

Vienna, 15.03.2005

Hereby, I file criminal charges and request to initiate legal proceedings amongst others for their failure to render medical assistance to persons in danger, with the fatal outcome of hundreds of deaths, against

• Dr. Hanns Moshammer, medical specialist in hygiene and microbiology at the Institute of Environmental Hygiene (Institut fuer Umwelthygiene),
• Dr. Eleonore Bachinger, project coordinator "Health Promotion" of the Vienna WHO Healthy Cities Project (Bereichsleitung "Gesundheitsplanung" des Wiener WHO Stadtprojekts),
• Dr. Tina Svoboda, responsible for "Health Reporting",

and against all those – still to be identified – medical doctors who, in their function as public health officers or University associates and official experts, work as public consultants for the City Senate of Vienna.

Almost every day we read in the newspapers that, especially in Vienna, there has long been need for urgent action against the so-called fine dust problem. However, simply nothing has been done about it. Instead, towards the end of winter, new statistics are being published (see below) to tell us how many thousands of people die every year just because of this dust epidemic and how many children and aged people become seriously sick and suffer from breathing toxic air. Instead of reading a statistic, one can also ask around in families and kindergardens to find confirmed that there has been a sharp increase in chronic respiratory diseases in children. It is thus no coincidence that there already for long exists a resolution of school doctors concerning the harmful effects of road traffic on children’s bodies.

But instead of finally putting an end to cutting off the air supply of the Viennese population, new research is announced on who may be the main producer of the dust epidemic. But for the patients who are still alive it is useless to know which is worst, the industrial dust or the dust of household fuel stoves or the dust from traffic. In addition to the need for immediate action arises in particular the question, as to how, after all, it has got this far. How is it possible that year after year thousands of people are killed by a dust epidemic alone, but nothing whatsoever has been done to stop it?!

The answer to this question can be found in the organisational structure of the City Administration of Vienna. There, the administrative group Health Care and Hospital System, along with the Federal Public Health Authority, is explicitly referred to as counsellor of the city of Vienna in questions of medical expertise and counselling concerning all possible spheres of life. There is not only mentioned their collaboration in general in urban planning but there are also listed a lot of details in which physicians play a key role. It is also explicitly regulated that issues of the so-called traffic and environmental hygiene fall within the competence of the public health officers concerned (see organisational structure of the City Administration).

The medical doctors in charge do not even deny that there are deaths en masse due to air pollution. On the contrary: Dr. Hanns Moshammer, e.g., a medical specialist for hygiene and microbiology at the Institute of Environmental Hygiene, in an article published in the newspaper Kurier, points out the direct relationship between the exposure to fine dust particles and the daily mortality rate. Thus, so he hypocritically and treacherously laments, there is an urgent need for action in Vienna. Yet, it is he himself, as a medical specialist for hygiene, who should have acted long since! As a physician he is obliged by law and by his professional oath solely and exclusively to his patients; in juridical terms: guarantee-position! Before anything else he must ensure that his patients won’t suffer any harm – in this case all inhabitants of the city of Vienna. Politicians rely on the professional advice of the medical doctors. If they know of the relationship between air pollution and the mortality rate and at the same time do not make the slightest effort to protect the population, then these doctors must be prosecuted.

A physician must do everything to keep the patients, for whom he is responsible by the duty of his office and his function, free from harm. But if a public health officer believes that he cannot prevail against the particular interests of the economy and politics, then he must immediately resign from his office in the administration and take steps to ensure that, with regard to the existing air quality conditions, not any other physician among his colleagues assumes the position of medical guarantee for the city government of Vienna.

Not least as a result of the Nuremberg Doctors’ Trials and the medical crimes committed by the medical profession (mass murder of patients), medical crimes that became known in these trials, all doctors worldwide have since been obliged to uniquely and exclusively act to the benefit of the patients. Since then, no medical doctor can talk his way out by the excuse that he had acted only "following orders". Every medical doctor is completely responsible for his medical activities. In the seventies of the last century this obligation was laid down once again for all doctors worldwide, by stressing that no doctor can be forced to carry out torture. The occasion for these declarations of the World Medical Association (Tokyo 1975, Lisbon 1981) was the fact that could no longer be kept quiet about that worldwide it were doctors who commanded torture.

You can see what medical doctors are capable to set up, when it seems opportune to them, for instance, in their campaigns planned with military precision under the keyword "SARS", "bird flu", etc.: house arrest for inhabitants of housing blocks, military blockade of the selected housing blocks, shutdown of business enterprises, close international cooperation of doctors, and this totally independent of the corresponding political system (compare, for instance, the Epidemics Law, the Segregation Decree, as well as the announcements on the cooperation between Austrian and Chinese epidemiologists).

In this respect it makes no difference that the medical doctors one time call it "virus", and another time "dust particle". For them it’s already one and the same. The medical doctors themselves admit by now the dust has become fine enough to directly enter the bloodstream and that right there it has the same effect as a so-called virus! The dust particles entering the bloodstream via inhalation are responded by the body with the same reactions as "bacteria, viruses and other intruders, the body’s immune system reacts", so the published statements of the doctors, presented as research report, and simply without any practical consequence – but killing (!).

The present case is of the utmost urgency, comparable for instance with a respiratory arrest of the responsible public prosecutor. It is not the job of the courts to waist time in finding out which individual substances in the specific case are the most dangerous ones, but to prosecute those perpetrators who, by their so-called expert and official advisory activities, approve and have approved in blank all dirt in the air. The special legal status that distinguishes the medical profession from any other profession is also shown by the fact that a medical doctor is not prosecuted for bodily injury (as such medical treatments are juridically defined, as is well known), but only when the patient has given his consent. A stab with a knife in the throat in the case of severe shortness of breath is then called, for instance, a "medically required tracheotomy".

The extent to which everybody, especially the local governments, rely on the medical doctors and their guarantee-position is shown by the reactions of the Ministry of the Interior after the death of Cheibane Wague in the city park of Vienna. A high official of the Ministry of the Interior admitted that the police, when they were preforming their deadly official action against Markus Omofuma, possibly had not done everything right, but that this time (when performing their deadly official action against Cheibane Wague) nobody could blame the police, because they had acted in the presence of a medical doctor!!! And meanwhile, the chief physician of the police, Dr. Fous, has attracted the attention of justice for this homicide, not least because it is him who is responsible for the medical knowledge of the performing police officers.

In no way the requirements of the public health officers’ duty of care and their guarantee-position are met, when afterwards some limit values are being reduced, or if one becomes a member of an association of environmental physicians. A medical doctor must act immediately as soon as the danger for his patients by a life-threatening (dust) epidemic comes to his knowledge. Already from the attached press articles alone it follows clearly that the acute threat has been known at least for decades. If the above named public health officers and official medical experts had fulfilled their medical duty, no one would have had to suffer and die from an urban air rendered completely unusable for respiration. The cause of death, here, too: the medical doctor.

The criminal complaint therefore has to be admitted for all juridical and factual reasons.

(Signature)

Patients‘ Front / Socialist Patients‘ Collective, PF/SPK(H), 21.07.2013