|
20 October 2003
Complaint against the inactivity of the Higher Regional
Court of Oldenburg in the complaint on inactivity against
the judge Staubwasser from the district court of Wilhelmshaven
in the case 16 F 229/03 UG of international child abduction
to Germany and resulting boycott of access
Amendment to the submission from 23. September 2003
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 of an independent enquête
committee on the judiciary crimes against humanity by the
practice of German family law jurisdiction.
1) Why proceedings in child matters are refused, delayed,
and manipulated, e.g., at the district court of Wilhelmshaven
and at the higher regional court of Oldenburg on child abduction
and boycott of access, 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
?
2) Why are there written laws in Germany, which are valid
respectively invalid for a certain population group due to
sex, status, and nationality out of political motivation?
FILE NUMBER
16 F 229/03 UG
District Court of
Wilhelmshaven
Dear Madams, Dear Sirs from the higher regional court of
Oldenburg,
Hereby the legal demand is made in the following inactivity
complaint:
The present inactivity complaint against the higher regional
court of Oldenburg is admissible in conformance with the opening
statement, in that it concerns an extreme exceptional case
delay which lies well beyond what one can describe as being
normal, as documented by the district court of Wilhelmshaven
and by the higher regional court of Oldenburg.
In arguments over the access of a parent with his/her child
the claim for the granting of effective legal protection has
special importance. As every delay of proceedings leads to
legal disadvantage to the parent in question - the parent
can not effect his access rights, which are fixed within the
final decision but is not allowed to be excluded in advance.
Delay leads to further estrangement, which increases the danger,
that the access in conformance with the German civil code
§ 1684 paragraph 4 S 1 will be restricted or even denied.
Therefore for an inactivity complaint in litigation over access
is not only admissible if an unjustifiable standstill of proceedings
is reached which results in a denial of legal protection (
higher regional court Saarbrücken, OLGR 1999,179) or
if the inactivity of the court is based on arbitrary behaviour
which complies with the act of denying of legal recourse (
Federal court of Law NJW-RR1995,887; Decision of the senate
of the 24 July 2001 - 16 WF 78/01 - Not published.) but already
then when a delay is alleged, which will lead to a loss of
legal rights ( Federal constitutional court, Family rights
magazine 2001,753) This is definitely the case here.
Where threatened as here by an actual and note worthy loss
of legal rights the
appeal court approached with the inactivity complaint, i.e.,
in this case the higher regional court of Oldenburg has to
take measures, which guarantee effective legal protection
the complainant at least in the future.
The constitutional principle requires in the interest of legal
security that controversial legal situations be solved in
reasonable time. In legal matters concerning children the
time span of the procedures requires special sensibility as
there is the danger that a de facto predetermining of the
outcome could occur. In access right proceedings every delay
leads to a de facto exclusion of access, besides facts will
be created, which could have an effect on the out come of
the proceedings (1 BvR 661/00).
Hereby the official legal application is made to the higher
regional court of Oldenburg, to ensure that the district court
of Wilhelmshaven proceeds in a manner in conformance which
can be described as being oriented in the best interest of
the child, in that family court proceedings are to be expedited.
The higher regional court of Oldenburg already documents that
the judges Bartels, Kuhlmann, Dr. Schubert from the higher
regional court of Oldenburg engage in deliberate careless
consultation of the file and that they are deliberately covering
their German jurist colleague, i.e., the German family judge
Staubwasser from the district court of Wilhelmshaven, and
thereby backup the practised and documented leitkultur at
the district court of Wilhelmshaven within the German family
law policy.
Out of the blue and immediately after the complaint against
inactivity against the German family judge Staubwasser from
23 September 2003, the district court of Wilhelmshaven informs
the applicant and children's father on 26. September 2003,
dated the 24. September 2003, that the German family judge
Staubwasser can work with speed of light also in child matters,
if this corresponds with his political motivation
In the access matter 16 F 229/03 UG the German family judge
Staubwasser reacts now about two months later on the application
made to reject the psychological expert Dr. Winterscheid of
the state hospital Wehnen. An application that was initially
made on the 22.07.03 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 court judge Staubwasser of the
district court of Wilhelmshaven, as well as on the ground
of the complaint about the two month delay of proceedings
entered and sent as reminder again on 28.07.2003 respectively
on 08.08.03.
The German family judge Staubwasser rejects the application
to reject the psychologist expert, and orders the applicant
and father to contact the expert within a delay of seven days
in order to discuss further proceedings and working together.
The appointed psychologist expert Dr. Winterscheid of the
state hospital Wehnen and the district court of Wilhelmshaven
have been correctly contacted by the applicant within the
given delay for discussing the further layout of proceedings
and working together.
See in this respect:
--- Presentation of the 01.10.2003 to file number 16 F
229/03 UG legal demands to the district court of Wilhelmshaven
with reference to the setting up of the psychological exploration
to determine the presence of PAS in children following international
child abduction and the boycott of access that follows.
--- Presentation of the 03.10.2003 to file number 16
F 229/03 UG integration of the online presence "Hickman's
Resource Centre" in the file 16 F 229/03 UG district
court Wilhelmshaven and into the working of the psychological
expert.
To date the responsible German family judge Staubwasser
has deliberately not ensured the accelerated flow of procedures,
but has again engaged in the inadmissable manipulation of
and delay of proceedings.
As repeatedly documented, the German family judge Staubwasser
from the district court of Wilhelmshaven, who is competent
and responsible for the case management of the present case
of international child abduction to Germany and resulting
boycott of access, is deliberately refusing to guarantee correct
proceedings.
As documented the competent and responsible higher regional
court of Oldenburg, which provides specially trained judges
according to the official statements of the German government,
is deliberately supporting, promoting and covering the incorrect
proceedings of the German jurist colleague Staubwasser from
the district court of Wilhelmshaven.
Until today the Higher regional court of Oldenburg reacts
with inactivity in the complaint on inactivity against the
judge Staubwasser from the district court of Wilhelmshaven
in the case 16 F 229/03 UG of international child abduction
to Germany and resulting boycott of access (Compare submission
from 23. September 2003).
Compare the respective online documentation by means of the
direct web page for the updated version of the overview page
on the behavior and proceedings of the higher regional court
of Oldenburg under:
Deutsch
http://www.josah-sehpferd.de/hickman/deu/judicial/olg_oldburg.html
English
http://www.josah-sehpferd.de/hickman/eng/judicial/olg_oldburg.html
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
In conformance with the points given by the German chancellor
Gerhard Schroeder and the German federal minister of the Interior
Otto Schily, both of which are responsible for the general
policy guidelines according to Art. 65 of the German basic
law, hereby the official legal demand to the German federal
constitutional court is entered for correctly integrating
the present online documentation into the criminal law proceedings.
The documentation of the interaction and reaction of German
authorities in the present legal matter of international child
abduction to Germany and resulting boycott of access is 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/political 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.
The online documentation for the case study presented is to
be found under the following mirrored internet sites at:
http://www.josah-sehpferd.de/hickman/index.html
Note: Further mirror sites and the pilot site under a
correctly substantiated domain are in preparation.
The direct web page address the updated version of the
overview on the proceedings' history of the case study is
available on the Internet under the following URL :
Deutsch:
http://www.josah-sehpferd.de/hickman/deu/fall_studie/fall_studie.html
English:
http://www.josah-sehpferd.de/hickman/eng/case_study/case_study.html
The direct web page address for the updated version of the
overview pages on the behavior and proceedings of the German
judicial, social and administrative authorities are available
on the Internet under the following URLs:
http://www.josah-sehpferd.de/hickman/deu/judicial/judicial_index.html
http://www.josah-sehpferd.de/hickman/deu/social/social_index.html
http://www.josah-sehpferd.de/hickman/deu/admin/admin_index.html
The direct web page address for the updated version of the
overview page on the behavior and proceedings of the higher
regional court of Oldenburg is available on the Internet under
the following URL:
Deutsch
http://www.josah-sehpferd.de/hickman/deu/judicial/olg_oldburg.html
English
http://www.josah-sehpferd.de/hickman/eng/judicial/olg_oldburg.html
The direct web page address for the updated version of the
overview page on the political-judicial admissibility and
validity of the present proof and reference material is available
on the Internet under the following URL:
Online-Documentation:
http://www.josah-sehpferd.de/hickman/general_docs/vaild/valid_index.html
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 complaint against the judges Bartels,
Schubert, Kuhlmann from the higher regional court of Oldenburg
as well as against the president of the higher regional court
of Oldenburg Mr. Kramer with disciplinary measures and dismissal
from office is entered at the justice ministry 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 and to the
higher regional 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 ( why must we hunger here)
- 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
g) Activities of the main denazification committee for the
region of Oldenburg
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 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 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.
The case of Ewald Schlitt and the "disenfranchised judges"
(Pages 111-114; The Lexicon of Judicial Errors) portrays two
fundamental aspects of the Nazi judiciary, that are once again
to be found today in the realm of family law jurisprudence
on the functional level of the procedural techniques and of
the judicial-political behaviour pattern as documented in
the current case of international child abduction at the district
court of Wilhelmshaven, at the regional court of Oldenburg
and at the higher regional court of Oldenburg.
--- the totally exaggerated judgements, that are deliberately
violating the interstate legal regulations and guidelines
--- the political instrumentalisation of the judiciary, as
a result of deliberate Non-resistance by German jurists as
functionaries of the state in definite contrast to being functionaries
of the citizens
a) In the case Ewald Schlitt (1942) the regional court of
Oldenburg arrives at a decision that deliberately exceeds
the legal requirements.
Hitler and Goebbels are using this legal case for their own
political objectives and arrange via the secretary of state
Freisler a deliberate manipulation of file and proceedings,
to achieve the politically prior determined death sentence.
The competent responsible regional court of Oldenburg offers
no resistance against the manipulation of the court proceedings
ordered by Hitler.
Hitler now has his precedent to carry out what he has long
planned for. At the session of the Reichstag (parliament)
of the 26 April 1942 showered with applause he shouted out:
>> I expect, the German judiciary to understand, that
the nation is not there for the sake of the judiciary, but
that the judiciary is there for their sake of the nation <<
>> From now on I will intervene in these cases and judges
who apparently do not recognise the command will be relieved
of their office! <<
Following this speech, the Reichstag arrived at a corresponding
decision. For the first time in the history of the civilised
world judges were expendable without legal recourse.
(page 113-114; ; The Lexicon of Judicial errors)
The competent and responsible regional court of Oldenburg
keeps silent.
The competent and responsible regional court of Oldenburg
thereby tolerates the direct political intervention in the
so called " independent " German judiciary.
To date the district court of Wilhelmshaven, the regional
court of Oldenburg, the higher regional court of Oldenburg
have deliberately not named the judges, directors and presidents,
who have stood up against Adolf Hitler.
To date the district court of Wilhelmshaven, the regional
court of Oldenburg, the higher regional court of Oldenburg
have deliberately not named the judges, directors and the
presidents, who demonstrated moral courage as German jurists
could, and who would rather be sent to concentration camps
than to be subjected to the political instrumentalisation
of the German judiciary.
b) On the functional level of the procedural techniques and
of the judicial-political behaviour pattern as documented
in the current case of international child abduction at the
district court of Wilhelmshaven, at the regional court of
Oldenburg (responsible for complaints to the supervision authorities
against judges of the district court of Wilhelmshaven) and
at the higher regional court of Oldenburg (responsible for
complaints and appeal against the district court of Wilhelmshaven)
the following aspects are documented.
--- the totally exaggerated judgements, that are deliberately
violating the interstate legal regulations and guidelines
--- the political instrumentalisation of the judiciary, as
a result of deliberate Non-resistance by German jurists as
functionaries of the state in definite contrast to being functionaries
of the citizens
The district court of Wilhelmshaven and the higher regional
court of Oldenburg do not document openly and with transparency,
if possibly and under circumstances there exists a kind of
collision of interests between on the one hand, the official
independence of judges and on the other hand, the objective
fact that the legal representation Dr. Uwe Biester with the
advocate Dr. Uwe Biester occupies a political/judicial position
at the ministry of justice with the government of Lower Saxony
and has thereby at the judiciary evaluation office (Justizprüfungsamt)
influence on judicial careers in Lower Saxony.
Until today it has not been correctly clarified in how far
the socio-political status of the advocate Dr. Uwe Biester
can under circumstances have an influence on proceedings at
German judicial authorities like at the district court of
Wilhelmshaven and at the higher regional court of Oldenburg
in which the legal representation Dr. Uwe Biester participates.
The objective fact is that within the present proceedings
at the district court of Wilhelmshaven and at the higher regional
court of Oldenburg on international child abduction to Germany
and the resulting boycott of access, in which the legal representation
of Dr. Uwe Biester is involved, irregularities in procedural
requirements occur as repeatedly documented. Like the undue
delay of proceedings and the non-enforcement of court ordered
access with the children abducted to Germany.
In addition to a political/judicial position at the with the
government of Lower Saxony on the regional level, the advocate
Dr. Uwe Biester also occupies at the city council of Wilhelmshaven
on the local level.
Until today it has not been correctly clarified in how far
the socio-political status of the advocate and member of the
city council Dr. Uwe Biester can under circumstances have
an influence on proceedings at German social and administrative
authorities like at the Children Welfare Office of Wilhelmshaven
and at the immigration office of Wilhelmshaven, which are
involved in family law proceedings at the district court of
Wilhelmshaven.
The objective fact is that within the present proceedings
at the district court of Wilhelmshaven on international child
abduction to Germany and the resulting boycott of access,
in which the Children Welfare Office of Wilhelmshaven and
the immigration office of Wilhelmshaven are involved, irregularities
in procedural requirements occur as repeatedly documented.
Like the attempt to deport the foreign left-behind parent
from Germany before the decision of the district court of
Wilhelmshaven on the arbitrary denial of access is published
on access which never has taken place before because the court
ordered access with the children abducted to Germany has deliberately
not been enforced over the preceding deliberate undue delay
of proceedings for the period of one year.
To date the district court of Wilhelmshaven, the regional
court of Oldenburg, the higher regional court of Oldenburg
document silence on the situation just described.
The competent and responsible courts of Wilhlemshaven and
of Oldenburg document in the complaints to the supervision
authority and in the complaint proceedings against the German
family judge Staubwasser of the district court in Wilhelmshaven,
that the regional court of Oldenburg and the higher regional
court of Oldenburg do not stand up against the legal representation
Dr. Uwe Biester and thereby tolerate and support the political
infringement on the so called "independent" German
judiciary.
Hereby the official petition is entered at the Parliament
of the Land of Lower Saxony to dismiss the advocate Dr. Uwe
Biester immediately from his political offices at the government
of Lower Saxony.
Hereby the official petition is entered at the Parliament
of the Land of Lower Saxony to officially recommend to the
competent bar association to revoke the admittance to the
bar of the attorney Dr. Uwe Biester.
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 (why must we hunger here)
- 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
g) Activities of the main denazification committee for the
region of Oldenburg
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 mental institution
Wehnen.
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 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.
The usual legal delay to inform the petitioner at least about
the entry of the present document is two weeks.
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.
Respectfully
Hochachtungsvoll
Michael Hickman
Voluntary Independent Special Rapporteur
on the situation of
Human Rights in Germany
to the United Nations and
to the European Institutions
|