To the higher regional court of Oldenburg
30.10.2003

 

Michael Hickman
Wilhelmshaven

Oberlandesgericht Oldenburg
Postfach 2451
26014 Oldenburg
Poststelle@olg-ol.niedersachsen.de
Fax: 0441 220 1155

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
Pet 5816/11/14
Pet 00447/08/15
Hinrich-Wilhelm-Kopf-Platz 1
30159 Hannover
Postfach 4407
30044 Hannover
vockert@vockert.de,
klaus.krumfuss@t-online.de,
info@frauke-heiligenstadt.de
Frau Kuck, Frau Busch


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

Mr Sibusiso Bengu
The South African Ambassador to Germany
South African Embassy
Friedrichstrasse 60
10117 Berlin
botschaft@suedafrika.org

The South African President
Mr. T.M. Mbeki
Office of the President
Private Bag X1000
Pretoria 0001
Südafrika
President@po.gov.za
Marita Sehn
Anke Schwarzbäck
Petition Committee at the German Bundestag
Petitionsausschuss des deutschen Bundestages
Pet 4-14-07-301-050630
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

Institut für Menschenrechte
Institute for human rights, Berlin
info@institut-fuer-menschenrechte.de

Commission on Human Rights
Support Services Branch
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10, Switzerland  
1503@ohchr.org

Herr Ralf Janßen
Ausländeramt
Stadt Wilhelmshaven
Rathaus platz 1
26382 Wilhelmshaven
Fax 04421 16411267
ralf.janssen@stadt.wilhelmshaven.de



30 October 2003

Complaint to higher regional court of Oldenburg against the German family judge Staubwasser due to deliberate misuse of authority, deception in legal proceedings and falsifying of court decisions under breach of official duty in family law proceedings of access after international child abduction to Germany

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 to correct the decision 16 F 229/03 UG of the 24.09.2003:
The decision of the district court of Wilhelmshaven with the German family judge Staubwasser dated the 16.10.03 with the accompanying letter dated 17.10.2002 having the postmark of the 21.10.2003 with the case file number 16 F 229/03 UG is ungrounded and not admissable.
The present complaint to the higher regional court of Oldenburg against the district court of Wilhelmshaven and the family court judge Staubwasser is admissible in conformance with the opening statement, in that it concerns extreme exceptional behaviour which lies well beyond what one can describe as being normal, as documented by the district court of Wilhelmshaven.
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.

Reasoning & the Facts

On the 20 October 2003 the follow up to the submission of the 23 September 2003 in the case of the complaint of inactivity against the family judge Staubwasser of the district court of Wilhelmshaven in the case 16 F 229/03 UG of international child abduction to Germany and the boycott of access that follows is handed into the higher regional court of Oldenburg.
As has already happened in the case development on the 23.09.2003 and the 24.09.2003 the German family judge Staubwasser reacts with the same behavioural pattern, that is he only reacts after inactivity complaints against the German family judge Staubwasser are entered at the higher regional court of Oldenburg.
The decision of the German family judge Staubwasser of the district court of Wilhelmshaven is dated the 16.10.03 with the accompanying letter dated the 17.10.03 with the post mark dated the 21.10.2003
In this decision to 16 F 229/03 UG the German family judge Staubwasser  as documented gives his grounds for basing his decision as:
The psychological expert shall according to the decision of the 3.6.2003 go ahead and proceed to make his psychological assessment on the basis of the contents of the file, as the applicant has refused his personal involvement.
The applicant is given until the completion of the assessment time to rethink his attitude and to make an appointment with the psychological expert.
The district court of Wilhelmshaven documents there with that the German family judge Staubwasser deliberately lies, makes false statements and falsifies court documents to manipulate family court proceedings involving custody and access by means of deception in legal proceeding and  violation of official duty.
The appointed psychological expert is already correctly contacted to arrange the appointments on the 01.10.2003, within the delay set by judge Staubwasser, in fact with the documentation: Layout of the psychological experts work on PAS-Children after international child abduction to Germany and resulting boycott of access.
Documentation and presentation of the 01.10.2003 are sent by fax on the 01.10.2003 to the psychological expert Dr. med. Dipl. Psych. Of the state psychiatric hospital Wehnen.
The psychological expert is notified by registered post addressed to Dr. Heinz Winterscheid Dr. med. Dipl. Psych. Of the state psychiatric hospital Wehnen under the receipt number 08 3288 1633 5 DE E Nat. Deutsche Post AG.
In addition the documentation and presentation of the 01.10.2003 are delivered personally to the reception of the district court of Wilhelmshaven with confirmation of receipt dated 02.10.2003 being received.
In addition the appointed psychological expert is again contacted on the 03.10.2003 with the integration of the online presence of Hickman’s Resource Centre in the file 16 F 229/03 UG district court Wilhelmshaven and the expert work to PAS children following international child abduction and the boycott of access that follows.
Documentation and presentation of the 03.10.2003 are sent by fax on the 03.10.2003 to the district court of Wilhelmshaven.

The psychological expert is notified by post sent on the 07.10.2003 by regular mail.

In addition the documentation and presentation of the 03.10.2003 are delivered personally to the reception of the district court of Wilhelmshaven with confirmation of receipt dated 07.10.2003 being received.
In addition in the case history presented it is documented, substantiated and clarified in the following presentations and occurrences at the district court of Wilhelmshaven the incorrect working methods of the German family judge Staubwasser of the district court of Wilhelmshaven together with the appointed psychological expert Dr. Winterscheid of the State psychiatric hospital Wehnen.
--- Documentation of the 04.10.2003: Criminal charges against the German family judge Staubwasser of the district court of Wilhelmshaven on the grounds of deliberate insult and slander of the foreign left behind father in family court proceedings regarding access following international child abduction to Germany in accordance with the German criminal code § 185, § 186, §187, insult, defamation, slander.
--- Documentation of the 04.10.2003: Criminal charges against the German family judge Staubwasser of the district court of Wilhelmshaven on the grounds of misuse of authority, deception in legal proceedings, violation of official duty in family law proceedings regarding access after international child abduction to Germany in accordance with the German criminal code § 339, § 263, as well as § 839 of the German civil code article 34 of the German basic law misuse of authority, deception in legal proceedings, violation of official duty.
--- Documentation of the 08.10.2003: Complaint against the decision 16 F 229/03 UG of the 24.09.2003 in the case of international child abduction to Germany and the boycott of access that follows on the grounds of political persecution by the German family judge Staubwasser of the district court of Wilhelmshaven to the higher regional court of Oldenburg.
--- Documentation of the 08.10.2003: The director of the district court of Wilhelmshaven Mr. Kahlen informs of the forwarding of the criminal charges against the German family judge Staubwasser to the public prosecutor Oldenburg.
--- Documentation of the 15.10.2003: Official complaint against the German family judge Staubwasser on the grounds of deliberate insult and slander of the foreign left behind parent in family law proceedings regarding access after international child abduction to Germany.
--- Documentation of the 16.10.2003: Official complaint against the German family judge Staubwasser on the grounds of misuse of authority, deception in legal proceedings, violation of official duty in family law proceedings regarding access after international child abduction to Germany.
--- Documentation of the 20.10.2003:Inactivity complaint in regards the inactivity of the higher regional court of Oldenburg in the case of the inactivity complaint against the judge Staubwasser of the district court of Wilhelmshaven in the case 16 F 229/03 UG of international child abduction to Germany and the boycott of access that follows. Follow up to the presentation of the 23 September 2003.
--- Documentation of the 20.10.2003: The German judge Huelsebusch of the district court of Wilhelmshaven informs of the forwarding of the official complaint against the family judge Staubwasser to the President of the regional court Oldenburg.
Whereas the German family judge Staubwasser of the district court of Wilhelmshaven in the decision 16 F 229/03 UG dated the 16.10.2003 maintains, that the applicant and foreign father does not contact the appointed psychological expert Dr. Winterscheid and therefore behaves uncooperatively, the district court of Wilhelmshaven documents conclusively, that the German family judge Staubwasser of the district court of Wilhelmshaven deliberately lies, makes false statements, falsifies court documents in this case court decisions.

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.michael-hickman.org/index.html

Note: This URL is assigned to the new Pilot-Site (most updated site). Further Web-Addresses are now assigned to Mirror-Sites.
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 :
English:
http://www.michael-hickman.org/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.michael-hickman.org/deu/judicial/judicial_index.html
http://www.michael-hickman.org/deu/social/social_index.html
http://www.michael-hickman.org/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:

English
http://www.michael-hickman.org/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.michael-hickman.org/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.
As documented the judges Bartels, Schubert, Kuhlmann from the higher regional court of Oldenburg as well as the president of the higher regional court of Oldenburg Mr. Kramer cover deliberately the German family judge Staubwasser from the distirct court of Wilhelmshaven out of the German jurists' caste spirit and out of political motivation.
English
http://www.michael-hickman.org/eng/judicial/olg_oldburg.html
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 - 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.
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
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


Michael Hickman

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

 


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