Michael Hickman
Wilhelmshaven
Germany
Amtsgericht Wihlemshaven
File number / Aktenzeichen
Marktstraße 15 – 17
26382 Wilhelmshaven
6 C 1411/03 (I)
Herr Ralf Janßen
Ausländerbehörde
Stadt Wilhelmshaven
Rathausplatz 10
26382 Wilhelmshaven
File number / Aktenzeichen 32-10/04
Eberhard Menzel
Oberbürgermeister der
Stadt Wilhelmshaven
Rathausplatz 1
26382 Wilhelmshaven
Niedersächsischer Landtag
PET 05816/11/14
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
Fax: 0511 30 30 28 06
The South African President
Mr. T.M. Mbeki
Office of the President
Private Bag X1000
Pretoria 0001
Südafrika
President@po.gov.za
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
secretariat@hcch.net
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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
Mr Sibusiso Bengu
The South African Ambassador to Germany
South African Embassy
Friedrichstrasse 60
10117 Berlin
botschaft@suedafrika.org
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
Mrs Mary Banotti MEP
European Parliament President’s Mediator
For Transnationally Abducted Children
Brussels
mbanotti@europarl.eu.int
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04. November 2003
CASE OF HICKMAN vs. City OF WILHELMSHAVEN
at the district court of Wilhelmshaven FILE NUMBER 6 C 1411/03 (I) :
The legally valid summons to abstain from the restriction of the freedom
of movement, coercion and political persecution of the foreign left behind
parent in the case of international child abduction to Germany and the boycott
of access that follows by the administrative officials of the city of Wilhelmshaven
Copies to
FILE NUMBER 6 C 1411/03 (I)
district court of Wilhelmshaven
Dear Madams, Dear Sirs from the immigration office of
Wilhelmshaven,
You are hereby correctly informed of the legally binding abstention summons
in regards the immigration office of the city of Wilhelmshaven under the
responsibility of the mayor Eberhard Menzel.
Attention is explicitly drawn to the accompanying legally valid online documentation:
"Hickman’s Resource Centre"
http://www.michael-hickman.org
FILE NUMBER 32-10/04 immigration office of Wilhelmshaven,
Dear Mr. Janssen from the immigration office of Wilhelmshaven,
Dear Madams, Dear Sirs from the immigration office of Wilhelmshaven,
Hereby the official legally valid summons in the legal matter Hickman versus
the city of Wilhelmshaven case file number 6 C 1411/03 (I) to abstain from
the restriction of the freedom of movement, coercion and political persecution
against the foreign left behind parent, who must reside in Germany on the
grounds of custody and access legal processes following international child
abduction to Germany and the boycott of access that has followed, is presented
to the administrative officials of the city of Wilhelmshaven.
The abstention summons is valid for the restriction of the freedom of movement,
coercion and political persecution by means of the restriction of movement
of the foreign left behind parent as from Germany spoken out by the immigration
office of Wilhelmshaven as documented by and under the responsibility of
Mr. Ralf Janssen.
The immigration office of Wilhelmshaven has a delay of two weeks to officially
clearly make known if coercion, the restriction of the freedom of movement
and political persecution of the foreign left behind parent is still officially
supported.
The official decision and statement thereto is to be correctly sent to both
the petitioner as well as the district court of Wilhelmshaven in the case
6 C 1411/03 (I) Hickman versus the city of Wilhelmshaven.
The statement of the immigration office of the city of Wilhelmshaven is to
be correctly announced with the official stamp of the city of Wilhelmshaven
appearing on it.
The correct authentication with the official stamp of the city of Wilhelmshaven
is necessary due to a number of reasons in connection with the legal policy
dispute with the German authorities at hand:
--- authentication of documents in innerstate and international judicial
initiatives
--- The clarification of the responsibility and accountability in International
legal procedures for reparation payments.
--- For the integration in political initiatives at the international level
among other things at the responsible United Nations commissions
If no answer is received on the expiry of the delay a legal application for
protection against violence will be automatically entered on the grounds
of the threat of the application of as well as of political persecution by
the administrative officials of the city of Wilhelmshaven, here the immigration
officials, is intended to remain.
The mayor of the city of Wilhelmshaven Eberhard Menzel is legally liable
for the documented and future actions and working methods of the officials
of the immigration office of the city of Wilhelmshaven.
Reasoning
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.
Instead of correctly applying the international and national legal requirements
the immigration authority under the responsibility of the mayor Eberhard
Menzel acting as the German administrative authority applies incorrect working
methods so as to prevent the foreign left behind parent from realising the
invitation to report to the European parliament on the working methods of
the German officials.
It is clearly documented within the present case that the immigration office
of Wilhelmshaven, as an German administrative authority, has frequently and
in a multitude of ways acted to influence civil and criminal legal proceedings
as well as political initiatives against child abduction and boycott of access
Consult the following:
--- Documentation of the 20 June 2003:
Official Recommendation to disqualify the immigration office of Wilhelmshaven
from the nomination procedures of the Award for the Friendliest Immigration
Office 2004
---Documentation of the 27 June 2003
state-run child abduction and alienation Programms
--- Documentation of the 6 July 2003: state-run child abduction and alienation
programs / manipulation of family court proceedings by the children welfare
office
--- Documentation of the 18 August 2003: Official application for an unlimited
permanent residence permit.
--- Documentation of the 14.09.2003 Influencing German family law proceedings
on child abduction and boycott of access by influencing the residence status
by German administrative authorities
--- Documentation of the 23 September 2003 : deliberate disadvantaging of
foreign parents and grandparents in German family law matters by German administrative
authorities
--- Documentation of the 28 September 2003 :Intention to refuse the
residence status for the foreign left-behind parent by the immigration office
of Wilhelmshaven during pending German family law proceedings on child abduction
to Germany and resulting boycott of access
--- Documentation of the 3 October 2003 : Integration of the Online-Presence
"Hickman's Resource Centre"
into the file of the immigration office of Wilhelmshaven
--- Documentation of the 6 October 2003 : Are the German administrative authorities
assisting the promotion of international child abduction to Germany ?
Compare the Hickman case study and the proceedings of Mr. Janßen from
the immigration office of Wilhelmshaven
--- Documentation of the 14 October 2003: Misusing the social status to bully
foreign left-behind parents by German administrative authorities
during family law proceedings in the wake of
international child abduction to Germany
--- Documentation of the 23 October 2003: The Janssen Letter Series #1: German
administrative authorities intend to hinder and prevent reporting to a Committee
of the European Parliament on the behaviour and proceedings of German authorities
in international child abduction and Boycott of access
--- Documentation of the 28 October 2003: Legally valid demand for abstention
–Abstention from threatening and coercion against the foreign left behind
parent in the case of international child abduction to Germany and the boycott
of access that has followed by the administrative officials of the city of
Wilhelmshaven.
Repeatedly, the German administrative authorities, here the immigration office
of Wilhelmshaven, interact with the German judicial and social authorities
and work on the threat to interfere in the needed possibilities of presence
in Germany to disturb and to interfere in the legal and political as well
as in the public engagement for access with children abducted to Germany.
With the decision of the 29.10.2003 FILE NUMBER 32-10/04 (007264), the immigration
office of Wilhelmshaven intentionally makes renewed efforts to influence
the efforts of the foreign father by means of the restriction of movement
and political persecution in running political initiatives on the international
level in respect to child abduction to Germany and the boycott of access
that follows.
The immigration office of Wilhelmshaven with Mr. Janßen again documents
the intention to bully the foreign left behind parent and to distract him
from the family court proceedings by means of the continual threat of his
residence status.
Not only that the immigration office of Wilhelmshaven with Mr. Janßen
wants to influence pending innerstate family law proceedings, but the immigration
office of Wilhelmshaven with Mr. Janßen also wants to influence international
pending proceedings.
The immigration office of Wilhelmshaven is threatening to deport the foreign
left-behind parent from Germany with force while the foreign left-behind
father has been contacted by Members of the European Parliament for arranging
a hearing and meeting.
The immigration office of Wilhelmshaven is threatening to deport the foreign
left-behind parent from Germany with force while the foreign left-behind
father has pending proceedings at the European Court of Human Rights against
Germany due to incorrect proceedings of the German judicial, social and administrative
authorities.
Mr. Janssen of the immigration office of Wilhelmshaven under the authority
of the mayor Eberhard Menzel is threatening to deport the left behind foreign
parent with force from Germany during pending family law proceedings which
would results in a ban to come back to Germany again; thus effectively preventing
the future contact with the children brought to Germany.
As documented the immigration office of Wilhelmshaven under the direction
of Mr Janßen applies, threats, intimidation and coercion against the
foreign left behind parent.
The competent and responsible major Eberhard Menzel who is also responsible
for the Children Welfare Office (Jugendamt) in accordance with the guideline
of the District Government in Hanover file number 407c-51020/2-32 "the professional
responsibility lies exclusively with the City", "ultimately the Mayor" is
legally liable for the documented incidents at the immigration office of
Wilhelmshaven as well as for the correct processing of the present official
demands.
Mr Janßen of the immigration office of Wilhelmshaven has already been
correctly informed of the legal implications as well as the to in regards
compensation claims in the documentation of the 28 September 2003.
The Web address for the latest version of the overview to the working methods
of the immigration office of the city of Wilhelmshaven are to be found under
the following URL:http://www.michael-hickman.org/eng/admin/auslaend.html
Mr Janßen of the immigration office of Wilhelmshaven has already been
correctly informed of the integration of the online documentation into the
respective file on 3 October 2003.
Neither Mr. Janssen of the immigration office nor the responsible mayor
Eberhard Menzel have to date made apology for the threat of the application
of force, nor have they withdraw their threat of the application of force.
The immigration office of the city of Wilhelmshaven under the responsible
mayor Eberhard Menzel responded to the official and legally valid demand
to abstain from the application of force with further targeted arbitrary
measures.
The immigration office of Wilhelmshaven states under FILE NUMBER 32-10/04
(007264) dated the 29.10.2003 :
Residence is restricted to the area, district or state: the state of Lower
Saxony.
On the official request of Mr. Janssen from the immigration office of Wilhelmshaven
on the 20.10.2003 the official invitation of the European Parliament to the
foreign left-behind parent for reporting on the behaviour and proceedings
of German authorities has been sent to the immigration office of Wilhelmshaven.
Mr. Janssen from the immigration office of Wilhelmshaven states, that he
will hinder respectively prevent the invitation of the European parliament
to the foreign left-behind parent for reporting on the proceedings of German
authorities by directly influencing the pending family law proceedings with
the intended prohibition from re-entering Germany after the visit in Brussels,
Belgium.
Mr. Janssen of the immigration office of Wilhelmshaven wants to thereby avoid
that the left behind foreign parent does not report over the discrimination,
threats, and coercion strategies of the German officials against the foreign
left behind parent and grandparents in cases of international child abduction
to Germany and the boycott of access that follows.
See also in this respect the online documentation: German history of international
and innerstate child abduction/boycott of access
http://www.michael-hickman.org/eng/german_history/german_history_caboa.html
Mr. Janssen from the immigration office of the city of Wilhelmshaven officially
commits under breach of official duty the violation of the constitution of
the Federal Republic of Germany, as well as of the agreements signed by Germany
on both the European and the international conventions and denies all state
obligation to assist the family reunion between the foreign father and the
binational children abducted to Germany in 1995.
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.
If German judicial, social and administrative authorities legalise child
abduction to Germany it results in the logical consequences that the German
authorities automatically confer an unlimited right of residence in Germany
to the foreign left-behind parents and grand-parents, in order to guarantee
the basics of a secured access with the children in accordance with innerstate
and international legal guidelines and obligations.
If the German authorities do not wish that foreign left-behind parents and
grand-parents are obtaining an unlimited right of residence in Germany, then
the German authorities should definitely refrain from legalising international
child abduction to Germany as a logical consequence.
In accordance with the constitution of the Federal Republic of Germany, the
German civil code and the European Human Right Convention both parents have
the right to unrestricted contact to their children. In particular the state
organs are to ensure the realisation of the right and the obligation of access
to the children for the non-custodian parent. The violation of this state
duty leads results in the obligation of state reparations, as this was made
unmistakable expressed by the European Court of Human Rights in the Judgement
of the 13 July 2000 in the legal matter Elsholz versus Germany (DAVorm 2000,
679). With the judgement of 8 July 2003 in the legal matters Sahin versus
Germany and Sommerfeld versus Germany, the Grand Chamber as the highest authority
of the European Court for Human Rights
confirmed that it is the duty of Germany to pay compensation on the grounds
of incorrect proceedings in family law matters.
a) Hereby the official petition is entered at the parliament of Lower Saxony
to automatically confer an unlimited right of residence in Germany to the
foreign left-behind victimised parents and victimised grand-parents, in order
to prevent that German administrative authorities and acts interfere in pending
civil and criminal proceedings on child abduction and on boycott of access
as well as in the realisation of access between children brought to Germany
and their foreign left-behind victimised parents and victimised grand-parents.
b) Hereby the official petition is entered at the parliament of Lower Saxony
to automatically confer the German citizenship to the foreign left-behind
victimised parents and victimised grand-parents as a second citizenship,
if with holding children brought to Germany exceeds the delay of half a year,
in order to prevent that German administrative authorities and acts interfere
in pending civil and criminal proceedings on child abduction and on boycott
of access as well as in the realisation of access between children brought
to Germany and their foreign left-behind victimised parents and victimised
grand-parents.
The present Online documentation is part of the :
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.
Hereby the official complaint for integrating the existing online documentation
(web page) on the respective judicial incident into the internet presence
of the parliament of Lower Saxony is entered.
Online-Documentation:http://www.michael-hickman.org/eng/admin/auslaend.html
German history of international and innerstate child abduction/boycott of
access
http://www.michael-hickman.org/eng/german_history/german_history_caboa.html
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
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Related Subject Matter:
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