Charges filed with the 1st part translated into English

Overview

CRIMINAL CHARGES AGAINST BAXTER AG, BAXTER INTERNATIONAL AND AVIR GREEN HILL BIOTECHNOLOGY AG, FOR DEVELOPING, MANUFACTURING, DISSEMINATING, AND RELEASING A BIOLOGICAL WEAPON OF MASS DESTRUCTION

ON AUSTRIAN SOIL BETWEEN DECEMBER 2008 AND FEBRUARY 2009

WITH THE INTENTION OF CAUSING A GLOBAL BIRD FLU PANDEMIC VIRUS AND OF INTENDING TO PROFIT FROM THAT SAME PANDEMIC

IN AN ACT THAT VIOLATES LAWS ON INTERNATIONAL ORGANISED CRIME AND GENOCIDE.


Submitted on: Wednesday 8th April 2009

Vienna State Prosecutor’s Office, Landesgerichtstrasse 11, 1080 Vienna

CONTENTS

A. Summary of the criminal charges brought and of the grounds for these charges

B. Statement of Facts: Timeline and relevant background information

C. Relevant Laws




A. Summary of the criminal charges brought and of the ground for these charges.


I am a citizen of Austria and live in Vienna, and would like to file criminal charges against the corporate entities of

Avir Green Hills Biotechnology, headquartered in Vienna, Währing,

and

Baxter AG, headquartered in Vienna, the Austrian subsidiary of the pharmaceutical company Baxter International, headquartered in Deerfield, IL, USA,

and

Baxter International

for endangering my life and health as well as the lives and health of the people in the city of Vienna, in Austria and in the surrounding countries.

Avir and Baxter unlawfully, wilfully and knowingly, in the period between December 2008 and February 2009, employed manipulative and deceptive devices and contrivances in violation of national and international laws on the manufacturing, possession, release and dissemination of biological weapons of mass destruction and on organised crime, to manufacture and distribute a biological agent that is classified as a bioweapon among the population.

First, Baxter manufactured an influenza material which was contaminated with a bird flu virus in its biomedical research laboratories in Orth on the Danube in December 2008.

Baxter uses BSL 3 (Biosafety Level 3) precautions in its laboratories, a system for the safe-handling of toxic substances, which makes an accidental contamination of ordinary flu material with the dangerous bird flu virus virtually impossible.

The contaminated vaccine material contained a mixture ofa seasonabl H3N2 human influenza virus and the deadly H5N1 virus. By adding a virus of the type H5N1 to an ordinary flu virus of the type H3N2, Baxter produced a highly dangerous biological weapon with a 63 per cent mortality rate.

The H5N1 virus is restricted in its human-to-human transmissibility, especially because it is less airborne.

However, when it is combined with seasonal flu viruses, which are airborne and easily spread, a new flu virus is created which is unknown to the human immune system and which will have a severe impact on an unprotected population.”

A deadly virus of this kind could spread around the world in a short time and infect millions and even billions of people.

Second, Baxter distributed via Avir a number of these contaminated vaccines using false concealment and a false label to 16 laboratories in Austria and in other countries at the end of January/beginning of February, potentially infecting at least 36-37 laboratory staff, who had had to be treated preventively for bird flu and ordinary flu in hospital.

On February 9th – on the very same day as 18 employees of Avir were given preventative treatment for the bird flu in the Otto Wagner Hospital in Vienna – AFP reported that Panasonic Japan intended to bring back to Japan the families of many of its staff working around the world because of the threat of a bird flu pandemic.

“Panasonic to fly home workers’ families over bird flu fears
Feb 9, 2009
TOKYO (AFP) — Panasonic Corp. has ordered Japanese employees in some foreign countries to send their families home to Japan in preparation for a possible bird flu pandemic, a spokesman said Tuesday.”

The firm decided to take the rare measure “well ahead of possible confusion at the outbreak of a global pandemic,” he said.

Eight people have contracted the H5N1 bird flu virus in China alone this year — five of whom died.

“The bird flu cases reported so far are infections from bird to human, but once an infection between human beings is reported, things can get chaotic with many other companies trying to bring back their employees,” Kadota said.

“We wanted to take action early before it gets difficult to book flight tickets,” he said.”

Furthermore, I contend that Avir and Baxter planned to profit from their triggering a bird flu pandemic by sealing a contract in 2006 with the Austrian Health Ministry, led by then Health Minister Maria Rauch-Kallat, to supply 16 million vaccine shots in the event of a bird flu pandemic being declared.

In addition, I maintain that this „laboratory incident“ shows that national and international authorities are not able to fulfil their obligations to ensure the safety of the Austrian people. On the contrary, I maintain that the authorities are involved in trying to cover up this event.

If a pharmaceutical company can breach laws – and almost trigger a bird flu pandemic, which could harm 99 per cent of the world’s population – without being made accountable for it in any way, then there is, de facto, no rule of law on Austrian territory.

As a result of the failure of the authorities to take action, those persons who were responsible for distributing the deadly pandemic virus are still sitting in the same positions in Baxter and Avir, and another such dangerous incident could happen anytime.

Moreover, I maintain that the specific production system which Baxter has developed with help of US government bodies for producing a human vaccination to the bird flu — namely, the use of 1,200 liter bioreactors and vero cell technology – could meet the technical criteria to be classified as a secret dual purpose large-scale bioweapon production facility in as far as the production process would allow a huge amount of contaminated vaccine material to be produced rapidly.

If contaminated material were added to the 1,200 liter bioreactors, it would replicate and infect the entire batch of vaccine material in the 1,200 liter tank.

Contaminated material could be distributed among sections of the population using false labels and secretly marked batches and so infect millions of people. There is evidence that the Spanish Flu pandemic of 1918-1919 was started after US soldiers were given contaminated inoculations.

I maintain that such a de facto covert dual purpose bioweapon production and delivery system could only be established on Austrian soil with the knowledge and support of persons in the highest offices in the Austrian Health Ministry and other Ministries and authorities who issued licences, permits and contracts without adequate controls.

Also, I contend the establishment and now use of a bioweapon production facility in Austria could only happen with the knowledge and support of key people in the media.

The general public has a right to be informed about this episode.

Many Austrians, however, have heard nothing at all about this incident because there has been so little coverage of it in the media.

They don’t know that a vaccination, which the government will recommend everyone to take in the event of a bird flu pandemic and which has been pre-ordered in huge quantities using Austrian people’s own tax money, is to be manufactured by the very same company that was responsible for almost triggering a bird flu pandemic this winter in the first place, namely Baxter.

The way vaccine material was contaminated with bird flu raises the question of whether Austrians can be sure that any vaccinations they are given have been adequately tested. Even today we don’t know precisely what was in the contaminated vaccine material, which Baxter sent out to 16 laboratories in Austria and abroad.

We don’t know which type of virus was in the contaminated material, if the virus was bio technically altered, and if so, what modifications were made. Every safeguard and control not only in Baxter and in Avir but also in the authorities have failed.

We can’t even be sure what is in Baxter’s ordinary flu vaccine shots if these are produced with equally few controls and checks.

Whenever a number of people in various organisations act in concert to carry out a criminal plan and to cover up their tracks afterwards, then this activity falls under the category of organised crime. I maintain that this „laboratory incident“ and the subsequent cover up by the authorities and media has all the elements of international organised crime.

If millions of Austrians were to die as a result of a pandemic virus and/or contaminated inoculations, then their assets, their savings, their houses, apartments, farms and companies would be easy to acquire by a crime syndicate that has infiltrated and annexed key government offices. I, therefore, claim that the motivation for releasing this pandemic virus is one of classic robbery; if one arm of the international crime syndicate, after installing a covert bioweapon facility, releases a global pandemic virus, then the other financial arm of this same international crime syndicate can rob the assets of the victims around the globe as well as get greater control of the natural assets of any country, including water and agricultural land, natural assets that are increasingly valuable as global warming bites.

AVIR GREEN HILL BIOTECHNOLGY AG is a biopharmaceutical company, headquartered in Vienna, Währing.

As a resident of Vienna, Währing, I note that some of the violations that could have sparked a global bird flu pandemic occurred on the premises of Avir in the Gersthoferstr. 29-31, Vienna, Währing, between December 2008 and February 2009.

A total of 18 laboratory staff belonging to Avir had to undergo preventative treatment for the bird flu and ordinary flu at the Otto Wagner Hospital in Vienna on February, 9th, 2009, because of their exposure as part of their work to the highly pathogenic bird flu virus.

This indicates that, in the opinion of medical experts, there was a risk that the staff of Avir had contracted bird flu.

That means that the 18 staff could have, unknowingly, acted as carriers of a pandemic virus into the population of a densely built up Vienna city district and in winter time.

It needs to be stressed that the bird flu virus was developed in US military laboratories from 1995 onwards by researchers who reconstructed the genetic code of the Spanish Flu pandemic virus of 1918-1919.

According to a report in “Der Spiegel” from 05.10.2005 (US-Forscher beleben altes Killervirus von Markus Becker/US researchers resurrect old killer virus) the bird flu virus was reconstructed by Jeffrey K Taubenberger from the Armed Forces Institute of Pathology in Washington using lung tissue retrieved from victims of Spanish Flu from 1918-1919, which yielded pieces of the virus’s genes.

„Um das vor acht Jahrzehnten verschwundene Virus der Spanischen Grippe wieder zum Leben zu erwecken, entnahm Taubenbergers Team mehreren Leichen Gewebeproben, unter anderem einer Frau, die 1918 im Dauerfrostboden von Alaska beerdigt worden war. Zusätzlich verwendeten sie in Formalin konserviertes Lungengewebe von anderen Opfern der Spanischen Grippe.
In einem komplizierten Verfahren gelang es den Wissenschaftlern, den genetischen Code des extrem aggressiven H1N1-Virus zu identifizieren und es im Labor zu reproduzieren. Die Mediziner stellten mit dem genetischen Code virusartige Genstränge her, sogenannte Plasmide. Diese wiederum wurden menschlichen Nierenzellen eingepflanzt. „

So, using the argument that they need to find an antidote to the lethal bird flu virus, researchers have resurrected this lethal bird flu virus and created the danger in the first place.

„Reviving the Spanish Flu virus is a recipe for a catastrophe. It could put any attack using anthrax or the plague in the shade,“ said Jan van Aken, head of the German section of the Sunshine Project.

In the summer of 2008, US researchers found that this newly reconstructed lethal bird flu virus could be mixed with ordinary human flu virus in laboratory conditions and so, in theory, could acquire easy human-to-human transmissibility.

It was precisely this very virus mix of a lethal H5N1 bird flu virus and an ordinary human flu H3N2 virus that Baxter manufactured in its laboratory in Orth/Donau in December 2008, and then distributed via Avir to 16 laboratories in Austria and abroad employing fraudulent misrepresentation.

The Canadian Press explains the issue:

„While H5N1 doesn’t easily infect people, H3N2 viruses do. If someone exposed to a mixture of the two had been simultaneously infected with both strains, he or she could have served as an incubator for a hybrid virus able to transmit easily to and among people.“

According to media reports, Dr Rebecca Carley maintained in March 2009 that this was a deliberate attempt to start a pandemic.

„Basically, they’re trying to cause the pandemic. They have already stockpiled at least 250 million doses of the bird flu vaccine. The shelf life of that vaccine has a certain amount of time by which they’ll have to throw it in the garbage. So they have to start the pandemic so that they can give the vaccines, which will then cause the bird flu pandemic…In fact, this is an associated press article that says that our government is reluctant to give bird flu vaccine to some of the rogue nations for fear they will use the vaccine as biological warfare. So when you actually look at what’s out there, folks, it becomes crystal clear. This is genocide. This is population reduction. And it’s happening right now.“

„Well, let me also state that this is very intentional because the H5N1 bird flu virus is not actually able to be picked up by humans in a regular scenario. So by putting it with a regular human flu, they’re intentionally causing it to create a hybrid virus. And this is how they’re going to make the bird flu virus be contracted by the people because it’s very virulent. And basically, the scenario that it creates is very disturbing. You actually bleed out into your lungs and suffocate on your own blood.“

The managers of Baxter and Avir are responsible for ensuring that biosecurity regulations are implemented.

The management team of Avir is listed as THOMAS MUSTER (CEO, CSO), MICHAEL TSCHEPPE (CFO), REINHARD ZICKLER (COO), ANDREJ EGOROV (Vice President Research), ROSEMARIE DICK-GUDENUS (Vice President Development), JOACHIM SEIPELT (Vice President Cooperations). On the Supervisory Board of Avir are Herbert Hild, Nikolaus Zacherl, Christian Mitteregger, and Gregor Medinger,
The Board of Directors and CEOs of Baxter International Inc are listed on the company website at http://www.baxter.com/about_baxter/company_profile/company_leadersh....

According to a press release of 2008, MD Dr Hartmut Ehrlich, is the on the board of Baxter AG, Vice President, Global Research & Development Baxter BioScience as well as CEO of Baxter Innovations GmbH. Mag. Markus Reinhard, is on the board of Baxter AG, company spokesperson, Vice President for Operations Support and Human Resources at Baxter BioScience Europe and Global Research & Development as well as CEO of Baxter Innovations GmbH.


Claims against Baxter

Specifically, I assert that a person or persons in Baxter, unlawfully, wilfully and knowingly, manufactured and distributed a deadly pandemic virus

a) by providing logistical help, support and authorisation for the manufacturing of a pandemic virus in Baxter’s research laboratory in Orth/Donau in December 2008, specifically, by injecting the live bird flu H5N1 virus into human flu material, and in a large quantity; and

b) by employing devices, schemes and artifices to subvert the Biosafety Level 3 regulations in place at the laboratory in Orth/Donau in order to get that same live bird flu pandemic virus, undetected, without being radiated, out of the high biosecurity facilities in January 2009; and

c) by sending the live bird flu virus material through the post or by a courier to the premises of Avir by fraudulently concealing the true nature of the material from the carrier; and

d) by falsely misrepresenting the dangerous live bird flu pandemic flu material as an ordinary vaccine material by employing the contrivance of affixing a label that failed to disclose the true nature of content to outside laboratory staff, who, on the basis of that information, then handled the live bird flu pandemic in such a way that increased the risk of their exposure to the disease-producing biological virus, and so that they had to be given preventative treatment against the bird flu and ordinary flu in the Otto Wagner Hospital in Vienna on February 9th; and

e) by instructing their accomplice or accomplices at Avir to send on January 31st, by employing fraudulent concealment, the live bird flu pandemic material to 16 other laboratories in Austria and abroad, including to BioTest in the Czech Republic. Staff at BioTest tested the vaccine material on ferrets, which then died. The material delivered by Avir was tested and the presence of the dangerous live H5N1 bird flu virus detected. 13 members of BioTest staff who had contact with the virus for a almost a week as part of their work were treated preventatively for the bird flu; and

f) for allowing those 13 staff belonging to BioTest to be examined in the capital 400 km away when they should have been examined in a medical centre closer to home; and

g) for trying to cover up their role in the incident; Baxter has so far not issued any statement or given a full and detailed account of how the material came to be contaminated; and

h) for seeking to profit from any bird flu pandemic they engineered by positioning themselves to produce at short notice 16 million “vaccination” shots by sealing contracts in advance in 2006 with the Austrian Health Ministry, led at that time by Health Minister Maria Rauch-Kallat; and

i) for engaging in acts and practices to hinder scrutiny of their actions, also by employing the artifice of filing charges against themselves, thereby misusing a provision in the law whose overwhelming intent is to investigate a crime in order to escape just such an investigation.



Claims against Avir


I assert, specifically, a person or persons in the management/and or in other positions in Avir, unlawfully, wilfully and knowingly, distributed a deadly pandemic virus
a) by providing logistics, support and authorisation for the taking into custody of a package from Baxter with a live bird flu pandemic flu virus at their premises in Vienna Währing at the end of December 2008; and
b) by misleading the rest of the staff at Avir as to the true facts of the situation by the continued false misrepresentation of the nature of the pandemic virus material and so increasing the likelihood of that the staff would expose themselves to and be infected by the live bird flu material. Eighteen staff belonging to Avir had to be treated preventatively for the bird flu in the Otto Wagner Hospital in Vienna on February 9th because of the risk that they had come in contact with the bird flu and human flu virus as part of their work, according to a press release.
c) by subverting biosafety regulations in place designed to screen and control incoming packages to get the contaminated material undetected out of Avir’s premises at the end of January.
d) by sending the live bird flu pandemic material to 16 laboratories in Austria and abroad through the post or other courier services using false concealment on January 30th, 2009; and
e) by falsely misrepresenting the live bird flu pandemic flu material as a routine, non-threatening human flu vaccination material to the staff of BioTest and other outside laboratories with the object of misleading them into thinking there was no danger to their life or health, and so tricking them into performing actions that increased the risk of their exposure and infection by the disease-producing microorganisms. Thirteen staff belonging to BioTest were given preventative treatment on February 6th because of the risk that they had been infected by bird flu as part of their work; and
f) for trying to cover up their role in the incident; and

g) for positioning themselves to profit from the triggering of any pandemic through contracts with Baxter and other research laboratories.

In the light of the fact that so little information about the incident has been released to the general public, I have had to reconstruct the timeline to this laboratory incident from media sources.

According to a report, the authorities gave Baxter a green light to continue their operations after carrying out an inspection on February 16th.

Until now none of the four main parties in Austria have issued a statement on the incident.

According to the website of the Austrian Parliament, written questions were tabled to the Minister of Health by several members of parliament on March 20th.

The questions “Silence over a serious laboratory incident involving flu vaccination material contaminated with H5N1” tabled by Member of Parliament were not answered as of April 6th 2009.


One question is: an you rule out a threat to the Austrian population?


http://www.parlament.gv.at/PG/DE/XXIV/J/J_01437/pmh.shtml

Written Questions to the Federal Government, that is to say, to the members composing the XXIV. Legislative period
(of the past 30 days)
Issued by
Dr. Dagmar Belakowitsch-Jenewein
1437/J (XXIV. GP)
Silence over a serious laboratory incident involving flu vaccination material contaminated with H5N1

[Administrative details and a summary of the incident involving Baxter and Avir and the contaminated bird flu material follows in the German version]

—-


The undersigned Members of Parliament therefore put to the Federal Minister for Health the following

QUESTIONS (submitted on 20.03.2009)


1. At what time did you get to know about the above-stated facts?

2. Who informed you about this incident?

3. Has this incident been discussed by the Cabinet and if so, when, to what degree and with what result?

4. Which authority in Austria was the first to find out about this incident and how long did it take until the Federal Minister for Health found out about it?

5. What steps have been taken by you?

6. Who decided on which steps and which steps have been carried out so far (List of the measures taken and the date and time they were taken)?

7. What is the reason why no information has reached the general public so far?

8. Can you exclude a threat to the Austrian population?

9. Who are the 18 people, who were treated preventatively in the Otto-Wagner-Spital hospital against H5N1 and why was there reason that these 18 people had come into contact with the bird flu virus?

10. From which „external company“ are these 18 patient staff? [Note: Avir confirmed that the 18 staff treated in the Otto Wagner hospital for bird flu belonged to them in a press release issued after these questions were tabled]

11. When was the treatment of the 18 people started and can it in the meantime be excluded with a 100 per cent certainty that these 18 people have not been infected?

12. How many people in the Czech Republic have been treated for a possible infection, where were these people treated and in how many cases where they diagnosed to have the infection?

13. What has happened to the vaccine material contaminated bird flu H5N1 virus which is dangerous to people?

14. What quantity of the vaccine material was contaminated?

15. Can it be excluded that this contaminated vaccine material is still in circulation?

16. Has Baxter issued a statement to this incident, and if so, what is the content in detail?

17.If not, when did you request a statement from Baxter and why was has this statement not been issued until now?

18. How are incidents like this to be avoided in the future?


Read more at http://birdflu666.wordpress.com/2009/04/13/case-about-bird-flu/