Michael Hickman
Wilhelmshaven
Germany
Verwaltungsgericht Oldenburg
Postfach 2467
26014 Oldenburg
Fax: 0441220 6001
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
|
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
|
|
(inner state level)
Case of Hickman vs. City of Wilhelmshaven
at the administrative court of Oldenburg :
FILE NUMBER 11 B 3994/03
(international level)
Case of Hickman vs. Germany
German administrative authorities boycott
reporting to a Committee of the European Parliament
on the behaviour and proceedings of German authorities
in international child abduction and Boycott of access
FILE NUMBER 11 B 3994/03
Dear Madams, Dear Sirs from the administrative court of Oldenburg
From this side there are no reservations to the identification of the accused
as the city of Wilhelmshaven.
The immigration office of the city of Wilhelmshaven falls under the competencies
and responsibilities of the mayor of the city of Wilhelmshaven Eberhard Menzel
and has to be represented by the mayor.
Should the accused, that means the City of Wilhelmshaven have the conception
that it does not carry the responsibility as the accused, but the Federal
Republic of Germany, then it is requested that this be made known within
the normal delay.
From this side the comment is allowed that the immigration office of the
city of Wilhelmshaven as a German administrative authority in regard to European
law and international law verification of the incidents falls under the competencies
and responsibilities of the Federal Minister of the Interior, in this case
Otto Schily.
In particular within the context of international child abduction and boycott
of access the Federal Government has not only obligations under European
and international law, but officially states, that the German work correctly.
Facts and Backgrounds
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.
The immigration authority of the city of Wilhelmshaven in the capacity of
German administrative authority has repeatedly intervened as documented with
aggressive methods and arbitrary measures according to various motives
--- Out of political motivation to cover and promote international child
abduction to Germany and the resulting boycott of access
--- Out of political motivation to discriminate and to disadvantage foreign
left behind parents and grandparents
In the case history of the present case the following behaviours of the immigration
office are documented:
1) Repeated attempts to deport the foreign left behind parent from Germany
during pending family court proceedings in regards to access to the children
abducted to Germany.
2) Repeated threats and coercion against the foreign left behind parent with
the explicit threat of the application of force to be used in deportation
as well as the explicit threat that following deportation a re-entry to Germany
would be permanently refused in order to prevent contact between the children
removed to Germany and the foreign left behind parent.
3) The refusal to allow re-entry to Germany in order to prevent that the
foreign left behind parent from answering the invitation of the European
Parliament to make presentation on the working methods of the German authorities
in regard to international child abduction and the boycott of access.
4) The targeted arbitrary measures to restrict mobility with the intention
of deprivation of liberty and of political persecution, so as to prevent,
that the foreign left behind parent is able to travel to Brussels, Belgium,
in order to inform the European Parliament about the working methods of the
German authorities in regard to international child abduction and boycott
of access. On one side, the foreign left behind parent, who has been resident
in Germany since July 2001 to apply for and implement access to children
removed to Germany via family court proceedings, has had absolutely no territorial
restrictions placed on his mobility so far. On the other hand, the immigration
office of the city of Wilhelmshaven as a German administrative authority
has now after the official invitation of the European Parliament to the foreign
left behind parent, has informed that the foreign left behind parent is not
allowed at all to leave the German Land of Lower Saxony.
These working methods of German administrative officials are unworthy in
a democratic society in particular in a German democratic, constitutional
society, one that in it’s constitution officially states that, it serves
the principle of freedom in the world within a unified Europe.
The documented deliberate violation of the inner state and international
rights as well as the deliberate disrespect of international law conventions
presents a legitimate need for legal protection.
Official demands to the administrative court of Oldenburg
There exist substantiated considerations against transferring the legal matter
to a single judge, as the matter to be handled has considerable importance
in numerous contexts:
- Legal context of European and international law
- Political context of the European integration process in regards to the
behaviour of the member state Germany
- Human rights dimension
- Legal political self understanding of German officials under the already
mentioned legal and political duties and aspects in regards to cross boarder
custody and access conflicts
In regards to the substantiated reasoning presented it is hereby applied
for that the legal matter at hand be presented for decision by more than
one judge.
The incorrect working methods of the immigration office of the city of Wilhelmshaven
under the competencies and responsibilities of the mayor Eberhard Menzel
are to be correctly rectified by the administrative court of Oldenburg.
The administrative court of Oldenburg officially orders the responsible mayor
Eberhard Menzel to issue a special permission for the re-entry into Germany
from Brussels, Belgium, for the foreign left behind parent so that he can
attend the invitation of the European Parliament and thereby supports the
reporting on the working methods of the German officials.
In addition, the administrative court of Oldenburg officially orders the
responsible mayor Eberhard Menzel to cover the expenses and costs for the
travel of the foreign left behind parent to realise the official invitation
of the European Parliament.
In addition, the city of Wilhelmshaven has to be obliged to pay voluntary
reparation payments to the following beneficiaries and recipients:
--- the victimised binational children in the present case
--- The Nelson Mandela Children’s Fund
--- The Nelson Mandela Foundation
--- the UN-Committee on Children Rights
--- UNICEF
--- the Commissioner of Human Rights at the Council of Europe for projects
for the protection of Human Rights
--- to national and international NGOs working in the fields of missing,
exploited, abused and abducted children
The accompanying online documentation is to be integrated into the case file
of the administrative court of Oldenburg as proof and reference material.
http://www.michael-hickman.org
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:
Deutsch
http://www.michael-hickman.org/deu/admin/auslaend.html
English
http://www.michael-hickman.org/eng/admin/auslaend.html
German history of
international and inner state
child abduction/boycott of access
http://www.michael-hickman.org/eng/german_history/german_history_caboa.html
Judicial Delay
The administrative 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 administrative matter.
Legal demand for expeditious proceedings
Especially, as the German chancellor Gerhard Schroeder ("There is also the
Human Way...") 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 administrative court of Oldenburg has
a clear understanding of the value of legal goods "coloured hairs vs. Children
and Humans".
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 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.
"The self-acquittal of the Judiciary is an incident with many participants,
which links the history of the federal republic to the history of the Third
Reich."
(The Post of Gdansk
History of a German Judicial Murder)
Within the context of the local legal policy leitkultur of Oldenburg it has
to be mentioned that the main denazification committee of the district of
Oldenburg promoted among others on 22.02.1949 the career of the Nazi-Jurist
Dr. Bode within the Federal Republic of Germany, who had taken part in the
judicial murder of Gdansk.
Dear Mrs. Astrid Vockert,
Vice president of the Parliament of Lower Saxony,
Dear Madams, Dear Sirs at the Parliament of Lower Saxony,
The document presented is to be entered to the official petitions PET 00447/08/15
PET 05816/11/14 as well as to open new petition procedures at the Parliament
of Lower Saxony as requested.
Dear Dr. Busch, Mrs. Bakker, Mr. Wessels, Mrs. Ballnus,
Dear Madams, Dear Sirs at the Justice Ministry of Lower Saxony,
The document presented is to be entered to the official complaint cycle under
the complaint numbers 4121 E -S4. 54/03 and 3700 E - 204.37/03 at the Justice
Ministry of Lower Saxony.
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
|
|
|