to the Higher Regional Court of Oldenburg
10.08.2003

 

Michael Hickman
XXX
XXX

Oberlandesgericht Oldenburg
Postfach 2451
26014 Oldenburg
Poststelle@olg-ol.niedersachsen.de

Beschwerdezyklen beim Justizministerium von Niedersachsen AKTENZEICHEN 4121 E -S4. 54/03 und AKTENZEICHEN 3700 E - 204.37/03
Dr. Busch, Frau Bakker, Herr Wessels, Frau Ballnus
Am Waterloo Platz 1
30169 Hannover
poststelle@mj.niedersachsen.de

Niedersächsischer Landtag
Hinrich-Wilhelm-Kopf-Platz 1
30159 Hannover
Postfach 4407
30044 Hannover
vockert@vockert.de,
klaus.krumfuss@t-online.de,
info@frauke-heiligenstadt.de


The Hague Conference on Private International Law Mr. Hans van Loon, Secretary General
Prof. William Duncan
Deputy Secretary General
Permanent Bureau of
The Hague Conference
on Private International Law
Scheveningseweg 6
2517 KT Den-Haag
The Netherlands
Wd@hcch.nl
Hvl@hcch.nl
secretariat@hcch.net

Marita Sehn
Anke Schwarzbäck
Petition Committee at the German Bundestag
Petitionsausschuss des deutschen Bundestages
Platz der Republik 1
11011 Berlin
Fax: 030 227 30015
marita.sehn@bundestag.de
klaus.hagemann@bundestag.de

Wolfgang Thierse
President of the German federal parliament
Präsident des Deutschen Bundestages
Personal Referent
Persönlicher Referent
Wolfram Kolodziej-Derfert
Platz der Republik 1
11011 Berlin
wolfgang.thierse@bundestag.de
praesident@bundestag.de

Deutscher Richterbund
Vorsitzender Wolfgang Arenhövel
Kronenstr. 73/74
10117 Berlin
Wolfgang.Arenhoevel@lg-os.niedersachsen.de
frank.sta.freiburg@t-online.de
jan.grotheer@fg.justiz.hamburg.de
elmar.herrler@olg-n.bayern.de
brigitte.kamphausen@lg-duisburg.nrw.de
BettinaLeetz@web.de
August-Wilhelm.Marahrens@lg-h.niedersachsen.de
dwtapper@rz-online.de
HanspeterT@t-online.de
info@drb.de

Mrs Laura Theytaz-Bergman,
Defence for Children International
rue de Varembe 1
1202 Geneve
Switzerland
ltheytaz@pingnet.ch

10 August 2003

Complaint against the decision 16 F 229/03 UG from 24.09.2003 in the case of international child abduction to Germany and resulting boycott of access due to political persecution by the German family judge Staubwasser from the district court of Wilhelmshaven

 

Dear Mr. Wolfgang Thierse, president of the German parliament,
Dear Mrs. Marita Sehn chairwoman of the petition committee at the German federal parliament,

With the authorisation of the petitioner of the present petition proceedings at the German Federal Parliament Pet 4-14-07-301-050630 the herein documented events at the district court of Wilhelmshaven and at the higher regional court of Oldenburg are indicated as further proof for the establishing an independent enquête committee on the judiciary crimes against humanity by the practice of German family law jurisdiction.
Official demands:
Hereby the official demand is entered for a clear indication of the causes for the following objective facts within a conclusive recommendation, a publication of the conclusive recommendation in a publication of the Bundestag, and within the activity report 2003 of the German parliament :
1) Why there are written laws in Germany, if the competent German authorities themselves do not respect these laws?
2) Why there are written laws in Germany, which are valid respectively invalid for a certain population group due to sex, status, and nationality?
3) Why proceedings in child matters are deliberately delayed, e.g., here at the district court of Wilhelmshaven and at the higher regional court of Oldenburg in access proceedings after international child abduction to Germany over the period of one year, while expeditious proceedings are presented to the German chancellor Gerhard Schroeder in the legal matter of "alleged coloured hair" against the free press before the culminating point of the election campaign 2002?
Is the in the Federal Republic of Germany the alleged coloured hair of the German chancellor a higher legal good than children?
Hereby the official demand is entered for correct publication of the present objective facts on the history of legal policy of Germany within the conclusive recommendation of the German federal parliament, within a publication of the German federal parliament BTD, within the report on the activities of the petition committee in the year 2003 in reference to the present petition Pet 4-14-07-301-050630.
The present, documented proceedings of the political persecution by the district court of Wilhelmshaven and the higher regional court of Oldenburg are to be integrated within the petition proceedings Pet 4-14-07-301-050630.
Hereby the official complaint for integrating the existing online documentation (web page) on the respective judicial incident into the internet presence of the German federal parliament is entered.
Online-Documentation:
http://www.crc-watchdog.org/content/crc_wd/pol_enquete_db_pet.html

 

Dear Mr. Wolfgang Arenhoevel,
chairman of the German Association of judges,
Dear Madams, Dear Sirs at the German Association of judges,

Hereby the official demand is entered at the German association of judges for official stances on the practised and documented leitkultur of German family judges and on the democracy-constitutionality philosophy of the German association of judges in the German judicial reality.
In fact, the present questions are of crucial importance within the socio-political and legal policy context of German history, resulting from the documentation of the history of the present proceedings.
Within the socio-political and legal policy context of German history, among others the following basic questions have to be reflected and answered:
Is the so-called "independent" German judiciary able and interested to effect a "real independent, voluntary self control and self monitoring" ?
Is the credo of the Nazi-jurists' ideals of "Acquittal for their own purposes" and "There is honour among thieves" still valid during the century following the Nazi-terror?
Is the systematic self-acquittal for own purposes with writing in the style of Persilscheine still en vogue in Germany?
Is the so-called "independent" German judiciary able and interested to guarantee that all humans independent from sex, nationality and status are equal before the law?
Is the so-called "independent" German judiciary able and interested to act against the economic dependence and political dependence which the Association of German judges has described within its press releases?
Is the so-called "independent" German judiciary able and interested to prove that within the political judicial reality of the so-called Federal Republic of Germany, Germany has no longer a Fuehrer and Germany is no longer a Fuehrer state ?
Is the so-called "independent" German judiciary able and interested to prove that the German judiciary will not let itself get instrumentalised for the political persecution of children rights and human rights activist?
Is the so-called "independent" German judiciary able and interested to prove that the German authorities can serve the humans and not that the Human Material has to serve the German authorities?
Does the herein documented behaviour and proceedings of German family judges correspond to the quality standard of German judge's performance promoted by the Association of German judges?
The usual legal delay to inform the petitioner at least about the entry of the present document is two weeks.

 

Dear Mrs. Astrid Vockert, Vice president of the Parliament of Lower Saxony,
Dear Madams, Dear Sirs at the Parliament of Lower Saxony,

In the German history of international child abduction the proceedings of judicial, social and administrative authorities of Lower Saxony have already a fixed famous place due to their documented low conscience of injustice and due to certain traditional family law practices. The proceedings of authorities of Lower Saxony in cases of international child abduction have already provoked the intervention of the French President Jacques Chirac and the US-President Bill Clinton.
Hereby the official petition is entered at the Parliament of the Land of Lower Saxony to establish an independent enquête committee of the Parliament of the Land of Lower Saxony on Judiciary Crimes against Humanity by the practice of German family jurisdiction effected by judicial and social authorities of the Land of Lower Saxony.
Hereby the official petition is entered at the Parliament of the Land of Lower Saxony to assist and support correctly and effectively the district court of Wilhelmshaven in ordering the following touring exhibitions for the delay at least of one month to the district court of Wilhelmshaven by exhibition exchange every six months :
a) Judiciary under National Socialism - About Crimes in the name of the German people
b) Psychiatry within the Third Reich in Lower Saxony "War mööt wi hier smachten - Death by starving and euthanasia in the state hospital and nursing home/mental institution Wehnen during the Third Reich"
c) Decision taking policy of the marine courts in Wilhelmshaven (1939 - 1945)
d) Living and working in the branch concentration camp Neuengamme of Wilhelmshaven
e) Criminal law proceedings of Oldenburg against foreigners under National Socialism
f) Living conditions of foreigners as forced labour in the City of Oldenburg during WW II
Hereby the official petition is entered at the Parliament of the Land of Lower Saxony to include a paragraph against child abduction and boycott of access in the Constitution of the Land of Lower Saxony.
Hereby the official petition is entered at the Parliament of the Land of Lower Saxony to pay reparations to the federal organisation of the victims of euthanasia in accordance with the federal law on reparations on the victims of national socialist persecution (BEG) and to offer research budgets with the amount of 250.000 EURO.
Hereby the official petition is entered at the Parliament of the Land of Lower Saxony to establish an independent enquête committee of the Parliament of the Land of Lower Saxony on the incidents of pseudo-patients and psychiatry victims in the
nursing home/mental institution Wehnen.
Hereby the official petition is entered at the Parliament of the Land of Lower Saxony to immediately close the nursing home/mental institution Wehnen.
Hereby the official demand is entered to publish the present petitions and the respective conclusive recommendations in a publication of the Parliament of the Land of Lower Saxony as well as on the activities of the petition committee at the Parliament of the Land of Lower Saxony.

 

Dear Dr. Busch, Mrs. Bakker, Mr. Wessels, Mrs. Ballnus,
Dear Madams, Dear Sirs at the Justice Ministry of Lower Saxony,

In the German history of international child abduction the proceedings of judicial, social and administrative authorities of Lower Saxony already have a fixed famous place due to their documented low conscience of injustice and due to certain traditional family law practice. The proceedings of authorities of Lower Saxony in cases of international child abduction have already provoked the intervention of the French President Jacques Chirac and the US-President Bill Clinton.
With reference to the complaint cycle document number 4121 E -S4. 54/03 and document number 3700 E - 204.37/03, official demand is made to the justice Ministry of Lower Saxony in respect of the official stance of the Justice Ministry of Lower Saxony as to the amount of voluntary reparations payments that the Justice Ministry of lower Saxony is prepared to recommend to the Land of Lower Saxony to pay to the UN-Children's Rights Commission, to UNICEF, to the Commissioner for Human Rights at the European Parliament, project for the Protection of Human Rights, as well as national and international NGO's active in the field of missing, exploited, abused and abducted children, due to the incorrect, behaviour and procedures of judges of Lower Saxony in cases of international child abduction and boycott of access.
Hereby the official petition is entered at the Parliament of the Land of Lower Saxony to assist and support correctly and effectively the district court of Wilhelmshaven in ordering the following touring exhibitions for the delay at least of one month to the district court of Wilhelmshaven by exhibition exchange six months :
a) Judiciary under National Socialism - About Crimes in the name of the German people
b) Psychiatry within the Third Reich in Lower Saxony "War mööt wi hier smachten - Death by starving and euthanasia in the state hospital and nursing home/mental institution Wehnen during the Third Reich"
c) Decision taking policy of the marine courts in Wilhelmshaven (1939 - 1945)
d) Living and working in the branch concentration camp Neuengamme of Wilhelmshaven
e) Criminal law proceedings of Oldenburg against foreigners under National Socialism
f) Living conditions of foreigners as forced labour in the City of Oldenburg during WW II
Due to the present violations of the right to a fair trial by deliberately hindering consultation of the file during the preparation of this appeal, hereby the official complaints to the supervision authority are entered against director Kahlen, the deputy director Schroeder, the family judge Straubwasser, the family judge Hintze.
The petitioner has been prevented several times from consulting the file during the preparation of this appeal for the second instance, i.e., the higher regional court of Oldenburg, against numerous request to consult the file were refused.
This includes both numerous written requests as well as the verbal requests on 06.08.03, 07.08.03, and 08.08.03.
This concerns the following files:
16 F 931/95
16 F 298/96 J
16 F 298/96 JO Beiordner
16 F 327/96
16 F 1432/99
16 F 1432/99 Beilage
16 F 605/00UG
16 F 483/01 UG
14 UF 186/02 Band 2
14 UF 186/02 Band 3
16 F 229/03 UG
16 F 357/03 SO
4 Cs H27/00
On the 06.08.03 judge Hintze of the district court of Wilhelmshaven was tasked to make a decision for the plaintiff to consult the file.
Although the petitioner should be notified on the following day, this has not occurred correctly until today.
Contrary to the official requests of the petitioner, the petitioner has not been correctly informed by district court of Wilhelmshaven in respect to the whereabouts of the files or to the request return of the files by the district court of Wilhelmshaven.
After several official request and complaints, the petitioner is only informed by the district court of Wilhelmshaven with the following notifications:
--- Letter dated 31.07.03 16 F 229/ from German family judge Tiarks " the file is as you know with the expert".
--- Letter dated 01.08.03 from the deputy director of the district court of Wilhelmshaven Schröder "as part of the justice administration it does not lie within my area of responsibility and competence give you access to your file.
--- Letter dated 07.08.03 16 F 229/03 UG from staff member of the district court of Wilhelmshaven Frau Stift, your request can not be granted as the file is at present still with the expert.
The district court of Wilhelmshaven refuses to explain against the official legal demands :
--- why all of the files mentioned above should be with the psychologist expert
--- where exactly hasevery single file ended up within the German judicial reality
--- why the respective files sent from the district court of Wilhelmshaven to the psychologist expert are not ordered to be sent back to the district court of Wilhelmshaven whereas the psychologist expert is already officially rejected due to the incorrect proceedings of the German family judge Staubwasser

 


FILE NUMBER
16 F 229/03 UG
District Court of
Wilhelmshaven

Dear President of the higher regional court of Oldenburg,
Dear Madams, Dear Sirs from the higher regional court of Oldenburg,

Following the official complaint to the supervision authority against the German family judge Staubwasser of the district court of Wilhelmshaven due to violations of the right of a fair trial and the violations of the right to be heard (document of the 28.07.03 handed in on the 29.07.03 per fax and again on the 29.07.03 in person with the entry stamp of the district court of Wilhelmshaven) the petitioner was confronted with a reaction of an "extraordinarily manner" by the district of Wilhelmshaven to inform him in a way which clearly was not in accordance with the regulations of correct legal correspondence. See to that end the criminal charges against employees of the district court of Wilhelmshaven, German criminal code §267 falsifying of documents, StGB 269 falsifying of relevant proof data, violation of procedural requirements and irregularities in violation of the right to a fair trial.
The documents personally delivered by the so-called employee of the district court of Wilhelmshaven on the 29 July 2003 is the document, titled decision and dated the 25.07.03 to the present file number, with reference to the document, titled decision and dated the 03.06.03, to the present file number, of the German family judge Staubwasser from the district court of Wilhelmshaven on the regulation of access with the children in expeditious proceedings by an interim order to bridge the undue delay of proceedings by the ordered psychologist expert opinion.
The decision of the German family law judge Staubwasser of the district court of Wilhelmshaven is to be rejected because it is unfounded and in addition, it does not follow the legal guidelines and indications during the preparation of the decision and as well as in the decision itself.
Due to this fact the present legal matter regarding the restoration of contact to the children abducted to Germany is to be referred to the Higher Regional Court of Oldenburg for it's attention to the matter.
The higher regional court of Oldenburg has to provide remedies to the documented incorrect working proceedings, irregularities, and violations in family law proceedings at the district court of Wilhelmshaven in regard to the international abduction of children and contact with the children brought to Germany.
Reasoning
The district court of Wilhelmshaven documents the following events in the proceedings history of the present case of international child abduction to Germany and the boycott of access in its wake:
Short Overview:
a) Decision of 15.08.2001 document number 16 F 605/00 UG by the German family judge Dr. Bessel of the District Court of Wilhelmshaven ordered contact between the children and father of the children.
b) boycott of the court ordered contact on the 21.08.03 with the help of third parties.
c) non-enforcement of the court order for access
d) undue delay of proceedings in child matters by the court over a period of more than one year
e) 03.09.02 The broadcasting of the ARTE TV documentary (Theme evening. War over children)
f) 04.09.02 FILE NUMBER 16 F 605/00 UG. Court hearing at the district court of Wilhelmshaven. After an undue delay of one year at the district court of Wilhelmshaven, the German family judge Staubwasser sets a delay for his decision taking, which the German family judge Staubwasser deliberately, exceeds.
g) Decision dated 04.10.02 FILE NUMBER 16 F 605/00 UG of the German family law judge Staubwasser, which is only published after official complaints against undue delay. Arbitrary denial of access on access, which has not taken place over the period of one year, whereas the court ordered access has not been enforced by the court.
h) 03.04.2003 new legal demand for access via an interim order and four weeks of doing nothing by the German family judge Staubwasser in child matters on access with the children against the official demand on expeditious proceedings by an interim order
i) 21.05.2003 FILE NUMBER 16 F 229/03 UG. Preliminary, verbal court hearing.
j) Court order dated the 03.06.03 FILE NUMBER 16 F 229/03 UG published after an official complaint to the morally and politically responsible director of the district court of Wilhelmshaven is entered regarding the deliberate delaying of proceedings. Two months inactivity by judge Staubwasser after the naming of the
psychological expert in his decision of the 03.06.03.
k) 07.07.2003 new legal demand for access by an interim order FILE NUMBER 16 F 229/03 UG.
l) 23.07.03 amendment to the demand for access by an interim order. Regulations have to be made in addition to the interim demand for access by expeditious proceedings to bridge the delay of the ordered psychological report.
m) 29.07.03 compliant to the supervision authority against the German family judge Staubwasser due to violations of the right to a fair trail and due to violations of the right to be heard.
n) Decision dated the 25.07.03 FILE NUMBER 16 F 229/03 UG only published on the 29.07.03 after the official complaint from the 29.07.03.
The factual incorrect proceedings of the district court of Wilhelmshaven and of the other participants in the proceedings are substantiated explained and documented in the following documents lodged with the district court of Wilhelmshaven until the 25.07.2003:
--- 16 pages documentation and presentation of evidence of the 06.06.03 petition of the 05.06.03 to the politically and morally responsible director of the District court of Wilhelmshaven.
--- 23 pages documentation and presentation of evidence of the 24.06.03: comprehensive documentation i.e., documentation with attachment: The official recommendation for the disqualification of the office of foreigners of the City of Wilhelmshaven from nomination for the prize for the friendliest office for foreigners 2004 to the Alexander von Humbolt-Stiftung presented by Children Rights International 20 June 2003.
--- 8 pages + 35 pages documentation and presentation of evidence of the 07.07.03. " It is to be regulated via means of an interim order in expeditious proceedings together with the attachment "State run child abduction and alienation programmes/manipulation of family court proceedings by the Children Welfare Office (Jugendamt) of the 06.07.03"
--- 5 pages + 30 pages documentation and presentation of evidence of the 27.06.03 comprehensive documentation, i.e. documentation with attachment: State run child abduction and alienation programmes/manipulation of family court proceedings by German jurists/politicians by Children Rights International 27 June 2003
--- 34 pages + 45 pages + 6 pages documentation and the presentation of evidence of the 23.07.03 comprehensive documentation that refers to the documentation with attachment of the 22.07.03: It is to be regulated in addition to the interim order by expeditious proceedings to bridge the delay by the ordered psychologist expert opinion +++ Should courts order PAS-children to visit/reside with the alienated parent? A follow up study? +++ information leaflet issued by the district court of Holzminden for parents within the framework of proceedings on custody or access for the preparation to heard by a judge
The factual incorrect proceedings of the district court of Wilhelmshaven and of the other participants in the proceedings are substantiated explained and documented in the following documents lodged with the district court of Wilhelmshaven since the 25.07.2003:
--- 7 pages documentation and presentation of evidence from the 28.07.03. Complaint to the supervision authority against the German family judge Staubwasser of the district court of Wilhelmshaven: Violation of the right to a fair trail, violation of the right to be heard. Rejection of the expert psychiatrist Dr. Winterscheid of the state mental hospital Wehnen on the grounds of the violation of the right to a fair trial and the violation of the right to be heard by the German family law judge Staubwasser of the district court of Wilhelmshaven in the legal matter of international child abduction to Germany.
--- 5 pages documentation and presentation of evidence from the 30.07.03. Criminal charges against employees of the district court of Wilhelmshaven: German criminal code §267 falsification of documents, §269 falsification of proof relevant data, violation of procedural requirements and irregularities by violating the right to fair trial.
--- 8 pages documentation and presentation of evidence of the 31.07.03. Criminal charges against the German family judge Staubwasser of the district court of Wilhelmshaven: German criminal code § 202 violation of postal secret, § 202a espionage of data, § 267 falsification of documents, § 269 falsification of proof relevant data, § 274 burking of documents. Indicating a document in the decision as so-called proof material without providing the source and origin as well as deliberate refusal of verification of the document's by the German family judge Staubwasser of the district court of Wilhelmshaven against official legal demands
--- 8 pages documentation and presentation of evidence of the 01.08.03. Criminal charges against the German family judge Staubwasser of the district court of Wilhelmshaven: German criminal code. § 263 deception in legal proceedings, § 339 misuse of authority, deliberate deception of participants in the proceedings by deliberately re-naming participants of proceedings participating in the court hearing from 21.05.2003 for advantaging
participants of proceedings by the German family law judge Staubwasser of the district court of Wilhelmshaven
--- 6 pages documentation and presentation of evidence of the 03.08.03. Criminal charges against the German family court judge Staubwasser of the district court of Wilhelmshaven: German criminal code: § 153 false declaration under oath, § 263 deception in legal proceedings, § 339 misuse of authority, § 269 falsification of proof relevant data, § 274 burking of documents, § 348 false documented statements in office. Deliberate false declarations on the documentation of the petitioner, the status of the file in the legal case and deliberate burking of documents by violating the right to fair trial by rejecting of offered evidence given by the German family law judge Staubwasser of the district court of Wilhelmshaven.
--- 8 pages documentation and presentation of evidence of the 04.08.03. Criminal charges against the German family law judge Staubwasser of the district court of Wilhelmshaven: German criminal code: § 235 child abduction, § 263 deception in legal proceedings, § 339 Misuse of authority, § StGB 269 falsifying of proof relevant data. Deliberate false declarations on the documented proceedings of the district court of Wilhelmshaven in the social reality as well as in judicially constructed reality by the German family judge Staubwasser of the district court of in the presented case of international child abduction to Germany and the resulting boycott of access since 1995.
--- 9 pages documentation and presentation of evidence of the 05.08.03. Criminal charges against the German family law judge Staubwasser of the district court of Wilhelmshaven. German criminal code: § 239a Erpresserischer Menschenraub, $ 240 Coercion, § 241 threatening, § 241a political persecution, § 263 deception in legal proceedings, § 339 misuse of authority. Deliberate coercion of the petitioner and father of the child under violation of freedom of speech with the intention of the German family judge Staubwasser of the district court of Wilhelmshaven, to blackmail, threat and intimidate with the threat and coercion to prevent the access to the children, if the petitioner and father of the child is complaining in public and in the media about the incorrect proceedings of German judicial and social authorities of Wilhelmshaven in family law proceedings on international child abduction to Germany, whereas the German family judge Staubwasser is engaging in the political persecution of children rights and human rights activists.
--- 8 pages documentation and presentation of evidence of the 05.08.03. Complaint to the supervision authority against the German family law judge Staubwasser of the district court in Wilhelmshaven: Violation of the right to a fair trial, violation of the right to a hearing. Rejection of the psychologist Markworth on the grounds of the violation of the right to a fair trail by the German family judge Staubwasser of the district court of Wilhelmshaven in the family law proceedings in the case of international child abduction to Germany.
--- 9 pages documentation and presentation of evidence of the 06.08.03. Criminal charges against the German family law judge Staubwasser of the district court of Wilhelmshaven: German criminal code: § 185 insult, § 186 deliberate slandering, § 187 slandering. Deliberate insult, defamation and discrediting of the petitioner and father of the child and deliberate biased proceedings by the German family law judge Staubwasser of the district court of Wilhelmshaven as intentional distraction from the incorrect proceedings of the district court of Wilhelmshaven.
--- 8 pages documentation and presentation of evidence of the 07.08.03. Criminal charges against the family law judge Staubwasser of the district court of Wilhelmshaven: German criminal code: § 185 insult, § 186 deliberate slandering, § 187 slandering, § 189 deliberate insult of the memorial of deceased. deliberate insult of the memorial of deceased, here the foreign left behind grandfather of the children brought to Germany in family law proceedings by the German family law judge Staubwasser of the district court of Wilhelmshaven in the present case of international child abduction and the resulting boycott of access
--- 8 pages documentation and presentation of evidence of the 07.08.03. Criminal charges against the family court judge Staubwasser of the district court in Wilhelmshaven: German criminal code: § 185 insult, § 186 deliberate slandering, § 187 slandering, $ 189. Deliberate slandering, defamation and discrediting of the binational children participating in the proceedings in the present case of international child abduction and the resulting boycott of access by the German family law judge Staubwasser of the district court of Wilhelmshaven
--- 20 pages documentation and presentation of evidence from 08.08.03. Criminal charges against the family court judge Staubwasser of the district court in Wilhelmshaven: German criminal code: § 83 preparation of high treason, § 86 distribution of propaganda material of organisations violating the German constitution, § 132 pretending office titles, § 211 preparation and attempt of judiciary murder, § 234 Trafficking of humans, § 235 child abduction, § 239 preparation and attempt of deprivation of freedom, § 241a political persecution. Preparation of high treason and as well as distribution of propaganda material of organisations violating the German constitution for protection and propaganda reasons of German crimes against humanity, while with the pretension of office titles preparation and attempt of deprivation of freedom and judiciary murder is effected in order to promote the political persecution of children rights and human rights activists while the illegal legalisation of trafficking of humans and child abduction is used for the coercion and blackmailing of the petitioner and father of the child in the present case of international child abduction and the resulting boycott of access.

Substantiated explanation :
The district court of Wilhelmshaven documents the following events in the proceedings' history of the present case of international child abduction to Germany and the boycott of access in its wake:
Phase I
Procedural techniques: promotion of boycott of access, the refusal to enforce the court for access from 15.08.01 FILE NUMBER 16 F 605/00 UG, undue delay of proceedings over a period of over a year.
Aim: The petitioner, here the foreign left behind father, should give up and leave Germany of his own accord, when he establishes that due to the manipulation of procedures he has no hope of success in his case.
Result: The petitioner here the foreign left behind father, is not impressed by the undue delay of proceedings, but engages in accordance with the right of freedom of speech enshrined in the German basic law to enter into hungestrike and other public demonstrations, public relations and media reports against international child abduction and boycott of access, as well as against the incorrect working methods of the district court of Wilhelmshaven and other participants in the proceedings. The German family judge Staubwasser of the district court of Wilhelmshaven must go into the second phase to achieve his aims.
Phase II
Procedural techniques: Arbitrary denial of access from the 04.10 2002 FILE NUMBER 16 f 605/00 UG with prohibition of access for a period of half a year, of access that had not been taken place because of the boycott of access followed by the non-enforcement of the court ordered access over a period of over a year. Intentional defamation and discrediting strategies against the petitioner and father of the child. Blackmail, threats and coercion are used against the petitioner and father of the child, so that he should renounce on criticism against the district court of Wilhelmshaven and against other participants in the proceedings and stop further public relations work. Undue delay in publishing the decision.
Aim: The petitioner, here the foreign left-behind father, must be deported from Germany, so that the German family law judge can publish his decisions in the absence of the father of the child. The petitioner and father of the child must be humiliated and intimidated by means of the intentional defamation and discrediting strategy.
Result: The plaintiff, here the foreign left-behind father, does not allow the undue delay of proceedings to influence him, but continues to engage in accordance with the right of freedom of speech enshrined in the German constitution to enter in political and legal actions against international child abduction and boycott of access, as well as against the discrimination of bi-national children and their left behind environment. The plaintiff successfully counters the attempt to have him deported from Germany. The German family court judge Staubwasser of the lower court of Wilhelmshaven must go into the third phase to achieve his aims.
Phase III
Procedural technique: rejection of the interim order from 03.06.2003 and from 25.07.2003 FILE NUMBER 16 f 229/03 UG
for bridging the undue delay of proceedings by the psychologist expert opinion after the arbitrary prohibition of access for a further period of half a year on access which never had been taken place after boycotted access followed by the non-enforcement of court ordered access over a period of over a year. Intentional defamation and discrediting strategies against the petitioner and father of the child. Blackmail, threats and coercion are used against the petitioner and father of the child, so that he should renounce on criticism against the district court of Wilhelmshaven and against other participants in the proceedings and stop further public relations work. Insult and slandering of the father of the child branding him as being "mentally ill". The defamation and discrediting strategy now aims at sending the petitioner and father of the child into a psychiatric institution with the intention of depriving him of his freedom and of judiciary murder, to get him out of the way.
Aim: The petitioner, here the foreign left-behind father, must be disposed of in a closed psychiatric institution, so by effectively silencing him. As the preceding strategies of the German family judge Staubwasser in the first and second phases failed to achieve the intended result, that the petitioner and father of the child would of his own accord give up and leave Germany, and that the petitioner and father of the child does not allow himself to be deported from Germany without any resistance, the German family law judge Staubwasser now attempts to have the petitioner sent to a closed psychiatric institution to get rid of him, as the incorrect working methods of the district court of Wilhelmshaven and of the German family judge Staubwasser have already been reported in the public and in the media. The coercion and blackmail strategy of the German family judge Staubwasser against the petitioner and father of the child are to make him renounce on his criticism against the district court of Wilhelmshaven and against participants in the proceedings and to refrain from further public relations work have failed, the German family judge Staubwasser wants to put a stop to all further publicity in this manner.
Result: The petitioner, here the foreign left-behind father, does not allow the undue delay of procedures to influence him, but continues to engage in accordance with his right of freedom of speech enshrined in the German basic law and enters in political and legal actions against international child abduction and boycott of access, as well as against the discrimination of bi-national children and their non-German left-behind environment.
The German family judge Staubwasser of the district court of Wilhelmshaven takes his well deserved vacation and the German family judge Tiarks reports on the 31.07.03 case number 16 F 229/03 UG that he does not know when the German family law judge Staubwasser of the lower court of Wilhelmshaven will return from his leave. The German family judge Staubwasser is relying on the possibility that when he returns from his leave to the district court of Wilhelmshaven, that the petitioner and father of the child would already have been disposed of and that the petitioner and father of the child would not be able to make further appeal against the working methods of the German family judge Staubwasser of the district court of Wilhelmshaven. The district court of Wilhelmshaven documents that not only the German family judge Staubwasser would be on leave but also the files of the present case of international child abduction would also be on leave from the district court of Wilhelmshaven.

Legal demands to the higher regional court of Oldenburg
The document of the German family judge Staubwasser from the district court of Wilhelmshaven with the title decision and dated on the 25.07.2003 FILE NUMBER 16 F 229/03 UG is neither founded nor admissible.
The document of the German family judge Staubwasser of the district court of Wilhelmshaven with the title decision and dated on the 03.06.2003 FILE NUMBER 16 F 229/03 UG is neither founded nor admissible.
In respect to the invalidity and the non-legal binding of the decisions by the German family judge Staubwasser from the district court of Wilhelmshaven documented in the files of the present cases of international child abduction and the resulting boycott of access at the district court of Wilhelmshaven, the violations of procedural requirements and irregularities in family law proceedings at the district court of Wilhelmshaven with violations of the right to fair trial and the right to be heard are correctly indicated to the district court of Wilhelmshaven (see Section 5a, 5b1, 5b2, 5c).
The opportunity has been correctly given to the German family judge Staubwasser of the district court of Wilhelmshaven after the 03.06.2003 to correct his own incorrect proceedings and to implement correctly the legal protection against the judges within the German judicial reality.
The German family judge Staubwasser of the district court of Wilhelmshaven deliberately refuses a self-correction as documented, although the district court of Wilhelmshaven in its decision violates in a manner the entitlement for the right to be heard.
The German family judge Staubwasser of the district court of Wilhelmshaven deliberately refuses as documented the legal protection for the petitioner and father of the child, which is enshrined in the German basic law, with the lack of control and the lack of correction of miscarriage of justice and is thereby deliberately contradicting the principles of constitutionality.
The German family judge Staubwasser from the district court of Wilhelmshaven in it's decision violates the procedural requirements with refusal to hear the plaintiff, undue delay of proceedings and further documented incorrect proceedings.
The German family judge Staubwasser from the district court of Wilhelmshaven proves himself that he is definitely lying, that he is making deliberate false declarations, that he is violating the right to be heard by refusing offered proof material, that he is burking documents and that he his publishing this black on white in his decisions.
The German family judge Staubwasser of the district court of Wilhelmshaven makes the assumption in the document titled decision dated the 25.07.03, there has been no new information or proof produced by the petitioner since the document titled decision dated the 03.06.03.
That this statement made by the German family court judge Staubwasser does not convey the truth is elaborately put forward in paragraph 5b1.
To guarantee the procedural requirements that the right to fair trial and the right to be heard can not be deliberately refused and to prevent that the documented incorrect proceedings of the German family judge Staubwasser from the district court of Wilhelmshaven are copied and duplicated by the judges of the higher regional court of Oldenburg by refusing offered proof material, by burking of documents, by false declarations, etc. the following legal demands are hereby entered at the higher regional court of Oldenburg:
The following documentation and presentation of evidence by the petitioner is to be indicated correctly substantiated and detailed in the decision of the higher regional court of Oldenburg within the present legal matter.
In the decision of the higher regional court Oldenburg the following has to respected:
A ten line summary of the content analysis of every single page of app. 200 pages (see Section 5b1) the following documentation and presentation of evidence by the petitioner within the discussion of the opinion of the legal party of the petitioner and father of the child.
The German family judge Staubwasser of the district court of Wilhelmshaven recorded as is certified in the decision of 25.07.03 that this would only be about the "alleged incorrect proceedings of the court and other participants" by petitioner whereas the family court judge Staubwasser himself engages in deliberate deception and false statements, as the objective fact is that is not about "alleged" but "factual incorrect proceedings of the court and other participants", as the district court records in it's own files.
That the statement of the German family judge Staubwasser does not represent the truth is presented in Section 5a, 5b1, 5b2, 5c.
To guarantee the procedural requirements that the right to a fair trial and the right to be heard can not be deliberately refused and to prevent that the documented incorrect proceedings of the German family judge Staubwasser of the district court of Wilhelmshaven are copied and duplicated by the judges of the higher regional court of Oldenburg by refusing offered proof material, by burking of documents, by false declarations, etc. the following legal demands are hereby entered at the higher regional court of Oldenburg:
The following documentation and presentation of evidence by the petitioner is to be indicated correctly substantiated and detailed in the decision of the higher regional court of Oldenburg within the present legal matter.
In the decision of the higher regional court Oldenburg the following has to respected:
A ten line summary of the content analysis of every single page of app. 300 pages (see Section 5a, 5b1, 5b2, 5c) the following documentation and presentation of evidence by the petitioner within the discussion opinion of the legal party of the petitioner and father of the child.
The German family judge Staubwasser of the district court of Wilhelmshaven makes the assumption in the document titled decision dated the 25.07.03, there has have been no new information or proof produced by the petitioner since the document titled decision dated the 03.06.03.
That the statement in the document dated the 25.07.03 of the German family law judge Staubwasser does not convey the truth is proven by the German family law judge Staubwasser himself in the document dated the 25.07.03.
As the document titled decision dated the 25.07.03 drawing attention to the document titled decision date the 03.06.03, documents considerable new, actual circumstances in respect to the behaviour and proceedings as well as to the style of decision taking of the German family judge Staubwasser.
The document titled decision dated the 25.07.03 documents the first time ever and thereby the new following phenomenon:
--- the German family law judge Staubwasser refrains after a series of official complaints from the violations of the freedom of speech in regard to the public relations and media work of the petitioner and father of the child, although the German family law judge with reference to the document of the 03.06.03 continues with the strategy of coercion and blackmail against the petitioner and father of the child, so that the petitioner and father of the child to renounce on his criticism against the incorrect proceedings of German authorities and will refrain from it in future
--- the German family judge Staubwasser after a series of official complaints refrains from his defamation and discrediting strategy against the petitioner and father of the child, although the German family law judge Staubwasser with reference to the document of the 03.06.03 still sticks to biased "running down" of the petitioner and father of the child
--- the German family law judge Staubwasser does not mention a single time "the well being of the child" while at the same time the official definition of the concept of the term "the well-being of the child" used in the preceding decisions is not answered against the official legal demands
--- the German family law judge Staubwasser mentions for the first time "the faulty procedures of the court and other participants"
To prevent that the documented incorrect proceedings of the German family judge Staubwasser from the district court of Wilhelmshaven are copied and duplicated by the judges of the higher regional court of Oldenburg, the following official legal demand is entered at the higher regional court of Oldenburg to indicate correctly substantiated and detailed within the decision of the higher regional court of Oldenburg the historical, socio-political and legal policy backgrounds of the mental institution Landeskrankenhaus Wehnen which has been ordered by the German family judge Staubwasser of the district court of Wilhelmshaven to effect the psychological expert opinion on PAS-children.
To guarantee the procedural requirements that the right to a fair trial and the right to be heard can not be deliberately refused and by deliberate disinformation, by burking of documents and information, by false declarations, etc. the following legal demands are hereby entered at the higher regional court of Oldenburg to proceed as following:
A sound description covering two pages for every aspect of the selection of the psychological expert of the Hospital Wehnen (Landeskrankenhaus Wehnen) within the representation of the opinion by the participant in the proceedings which is the German family judge Staubwasser from the district court of Wilhelmshaven.
For this description a ten line summary of the content analysis of every single page from section 5d2 of app. 300 pages (see Section 5a, 5b1, 5b2, 5c) on the proceedings' history of the present case of international child abduction to Germany and boycott of access and the resulting boycott of access has to be considered and integrated.
Aspect 1) participation in Crimes against Humanity during the Nazi-Terror by the mental institution Landeskrankenhaus Wehnen
Aspect 2) Murder of patients immediately after WW II in the mental institution Landeskrankenhaus Wehnen
Aspect 3) Psychiatry victims and pseudo patients Landeskrankenhaus Wehnen
Aspect 4) Refusal of the German Land of Lower Saxony and of the City of Wilhelmshaven to pay reparations to the victims and survivors of the mental institution Landeskrankenhauses Wehnen
The German family judge Staubwasser from the district court of Wilhelmshaven states within the document of 25.07.2003 "The petitioner provides his new demand mainly with legal explanations..."
The German family judge Staubwasser from the district court of Wilhelmshaven documents proves in the document of 25.07.2003 that the German family judge Staubwasser engages anew in defamation and discrediting strategy against the petitioner and father of the child.
The German family judge Staubwasser of the district court of Wilhelmshaven proves himself that he is definitely lying, that he is making deliberate false declarations, that he is violating the right to be heard by refusing offered proof material, that he is burking documents and that he his publishing this black on white in his decisions.
While the German family judge Staubwasser from the district court of Wilhelmshaven is stating with false declarations that there would be no new factual circumstances, an objective fact and new factual circumstance is, that the German family judge Staubwasser in the continuation of the defamation and discrediting strategy against the petitioner and father of the child, is now accusing the petitioner and father of the child of backing up his argumentation with national and international guidelines and indications against child abduction and against boycott of access, while the German family judge Staubwasser on the other hand, is not backing up his argumentation with national and international guidelines and indications for child abduction and for boycott of access.
The district court of Wilhelmshaven documents with the argumentation techniques and behaviour/acting pattern of the German family judge Staubwasser, that the German family judge Staubwasser might think and practice against the written German basic law, that he is deliberately misinterpreting the German basic law and that he is not subjected to the law, but that the German family judge Staubwasser considers himself to be "God and Law", and therefore the German family judge Staubwasser has neither to adhere to the written law nor to base his decision taking on the written law.
There are no moral, ethical, political and judicial standards, guidelines and indications for the legalisation of child abduction and boycott of access. There are only laws, rights and conventions against child abduction and boycott of access.
The district court of Wilhelmshaven is documenting that the German family judge Staubwasser of the district court of Wilhelmshaven classifying his capacity of judgement and his intention of judgement according to the dual principle and illustrates this with formula examples black on white, e.g., "Mother of the child = good" in contrast to "Father of the child = bad", German = good" in contrast to "Non-German = bad", "Child abduction and boycott of access = good" in contrast to "Hunger strike, public demonstrations and media presence against Child abduction and boycott of access = bad".
To guarantee the procedural requirements that the right to fair trial and the right to be heard can not be deliberately refused and to prevent that the documented incorrect proceedings of the German family judge Staubwasser from the district court of Wilhelmshaven are copied and duplicated by the judges of the higher regional court of Oldenburg by refusing offered proof material, by burking of documents, by false declarations, etc. the following legal demands are hereby entered at the higher regional court of Oldenburg:
The national and international guidelines and indications against child abduction and against boycott of access within the documentation and presentation of evidence by the petitioner has to be indicated correctly substantiated and detailed within the decision of the higher regional court of Oldenburg in the present legal matter.
In the decision of the higher regional court Oldenburg the following has to respected:
A ten line summary of the content analysis of every single page of app. 300 pages (see Section 5a, 5b1, 5b2, 5c) of the
National and international guidelines and indications against child abduction and against boycott of access within the documentation and presentation of evidence by the petitioner within the discussion of the opinion of the legal party of the petitioner and father of the child.
The following legal matter is to be transferred back to the district court of Wilhelmshaven :
Hereby the official legal demand is entered at the higher regional court of Oldenburg to correctly define in a substantiated and detailed manner the concept of the term "Well-being of the Child" before the "Well-being of the Child" also gets juggled through the decisions of the higher regional court.
The district court of Wilhelmshaven documents that the German family judge Staubwasser has deliberately refused this definition until today even against numerous official legal demands. Whereas the district court of Wilhelmshaven has not explained until today, if the German family judge Staubwasser is not able to or not willing to define the "German Well-being of the Child".
Hereby it is officially demanded that the definition of the "Well-being of the Child" by the higher regional court of Oldenburg is correctly presented to the district court of Wilhelmshaven as an independent definition. This help is required from the higher regional court of Oldenburg to assist the district court of Wilhelmshaven in family law policy.
Hereby the official legal demand is entered at the higher regional court of Oldenburg to create a positive check list for the district court of Wilhemshaven for the handling of conflict management in boycotting of access within the decision that is to be taken on the present legal matter:
Which one of the legally available enforcement means (fine, imprisonment, altering of custody status) does the court intend to apply in respect to the repeated interference of access and the effected boycott of access up to the deliberate undermining of court ordered access with the help of third parties in the proceedings at the district court of Wilhelmshaven since 1995?
Which means the court intends to apply for reducing the conflict instead of increasing the conflict between the legal parties?

Rejection of judges of the higher regional court of Oldenburg due to bias
From the tool-set of manipulation filters applied by German authorities the higher regional court of Oldenburg with the judges Bartels, Kuhlmann, Dr. Schubert chooses as already documented, for the manipulation of complaint proceedings the specific tool of confirming and covering the incorrect proceedings of the German family judge Staubwasser from the district court of Wilhelmshaven by copying and duplicating these incorrect proceedings.
The aim of these manipulation filters is to build up a wall of silence around the political motivation by pushing away the circulating responsibilities within the initial proceedings as well as within the resulting complaint proceedings so that the judiciary scandals are hidden and the incorrect proceedings are covered.
a) Decision of 15.08.2001 document number 16 F 605/00 UG by the German family judge Dr. Bessel of the District Court of Wilhelmshaven ordering contact between the children and father of the children.
b) boycott of the court ordered contact on the 21.08.03 with the help of third parties.
c) non-enforcement of the court order for access
d) undue delay of proceedings in child matters by the court over a period of more than one year
e) 03.09.02 The broadcasting of the ARTE TV documentary (Theme evening. War over children)
f) 04.09.02 FILE NUMBER 16 F 605/00 UG. Court hearing at the district court of Wilhelmshaven. After undue delay of one year at the district court of Wilhelmshaven, the German family judge Staubwasser sets a delay for his decision taking, which the German family judge Staubwasser deliberately, exceeds.
g) Decision dated 04.10.02 FILE NUMBER 16 F 605/00 UG of the German family law judge Staubwasser, which is only published after official complaints against undue delay. Arbitrary denial of access on access, which has not taken place over the period of one year, whereas the court ordered access has not been enforced by the court.
The judges Bartels, Kuhlmann, Dr. Schubert from the higher regional court of Oldenburg engage in deliberate careless consultation of the file as documented in the decision of the higher regional court of Oldenburg on this part of the proceedings' history.
The judges Bartels, Kuhlmann, Dr. Schubert from the higher regional court of Oldenburg thereby are responsible by deliberately covering their German jurist colleague, i.e., the German family judge Staubwasser from the district court of Wilhelmshaven, for the practised and documented leitkultur at the district court of Wilhelmshaven within the German family law policy (see Section 5a, 5b1, 5b2, 5c).
Hereby the official legal demand is entered for rejection of the judges Bartels, Kuhlmann, Dr. Schubert from the higher regional court of Oldenburg due to bias.

Legal demand to refrain from the attempt of applying the working methods of the Nazi-jurists within the present legal matter
Hereby the official legal demand is entered to refrain from applying the attempt of applying the working methods with the principles "There is honour among thieves" and "Acquittal for their own purposes" of the Nazi-jurists within the present legal matter.
Hereby the official legal demand is entered to refrain from the systematic self-acquittal for own purposes with writing in the style of Persilscheine.

Legal demand for expeditious proceedings
Especially, as the German chancellor Gerhard Schroeder had expeditious proceedings even against the free press in the legal matter "coloured hair" before the culminating point of the election campaign 2002 whereas proceedings on child abduction, boycott of access, violation of custody, misuse of authority, and German crimes against Humanity are deliberately delayed and are deliberately not correctly processed.
It is supposed that the German "independent, non-political and non-corrupt" judiciary as represented here by the higher regional court of Oldenburg has a clear understanding of the value of legal goods "coloured hairs vs. Children and Humans".
Officially, Germany has no longer a Fuehrer.
Officially, Germany is no longer a Fuehrer state.

Legal demand to refrain from the attempt of inciting the petitioner of the child to the criminal offence of child trafficking
Hereby the official legal demand is entered to refrain from the attempt to incite the petitioner and father of the child to acts of criminal offences in trafficking of children and humans by intentionally generating turnover and profit of judicial business with the incorrect proceedings by German authorities in child abduction, boycott of access and misuse of authority.

Legal delay
The higher regional court of Oldenburg has the usual legal delay of two weeks to inform the petitioner about the entry of the present document and the file number of the present legal matter.

Documentation
The way through the German instances and legal matter are part of the following scientific observations and evaluations:
Historical competition analysis between the Judiciary Crimes against Humanity by Nazi-jurists and Judiciary Crimes by the
Practice of German family law jurisdiction.
Documentation series "The patrimony of Hans Litten and Helmut Kramer"
Reporting of the judicial-scientific field research on the situation of human rights, children rights, democracy and separation of powers in Germany to the European Institutions and to the United Nations.

Attachment
Decision of the district court of Wilhelmshaven
FILE NUMBER 16 F 229/03 UG
25 July 2003

Integration into the independent special reporting to the Children Rights Committee at the United Nations
The present proceedings are part of the voluntary, independent special reporting to the Children Rights Committee at the United Nations on the German state report about the non-compliance with the UN-Convention on the Rights of the Child.
Online-Documentation:
http://www.crc-watchdog.org

The State-Run Child Abuse Machinery "Made in Germany"
http://www.crc-watchdog.org/content/reports/popup/030526_crc_germany.pdf


Michael Hickman


Voluntary Independent Special Rapporteur
on the situation of
Human Rights in Germany
to the United Nations and
to the European Institutions