www.eucars.de
The Prosecution of Burkhard Lenniger: Open Letter
The Chief Executive Officer of the World Justice Project
Mr. William H. Neukom
740 15th Street, N.W.
Washington, DC 20005-1019
USA
23.07.2011
Subect: Open Letter: Example of the Rule of Law in GermanyReference: The Prosecution of Burkhard Lenniger (Trial on 21.07.2011).
Dear Mr. Neukom,
I think it is appropriate, to present you with a live example of “due process in Germany” so that you can gain insight into a typic
al criminal case, in addition to the statistical information which I have already provided in my letter of 21.06.2011. As this happened on 21.07.2011, I have not yet had the chance to debrief everybody who was there observing. Therefore, for the moment, I have picked out the parameter s which are typical, and representative of the other 200,000 cases per year of “insult” as well as of a typical criminal trial. The information comes mostly from the accused himself, together with some additional Information and documents.
Open Letter to Mr. William H. Neukom, CEO World Justice Project
21.06.2011
Subect: Open Letter on the Quality of Justice in Germany
Reference: 1. The Rule of Law Index 2011 (WJPROLI2011)
Dear Mr Neukom,
I must confess to not agreeing with your publication (Reference 1), particularly at the undeservedly high rating which you accorded to the Federal Republic of Germany.
I am basing my criticism on current investigations. These do not, in any way, present the complete picture, should , however, be enough to highlight the disgraceful state of German Justice today. These points covered are:
Defamation Laws and Press Freedom in Germany
The upwards trend in the cases of "defamation" in Germany continues unabated, reaching 200.827 investigated cases in 2009. Whilst this trend, as merely a continuation of that, which has been observed over some years, was to be expected, there are some additional aspects, which need more discussion. An update on previous reports by the author is, therefore, being provided. An overview of the international situation regarding defamation is provided by Walter Keim. Since Breat Britain has now abolished its laws on defamation and France as well as Ireland have undertaken to do the same, this overview may be out of date on specific countries. It demonstrates adequately, however, how far Germany is becoming isolated as a state clinging to such laws.
Family Courts in Germany
"Mr. Bumble" (Illustration) is a satirical figure from the novel , "Oliver Twist" by Charles Dickens, which he wrote in 1838 as a critcism of the British social system of the time. Bumble, as the Communal Beadle, had the task of taking children into care. Were they under 8 years of age, then he would deliver them into the custody of "Mrs. Mann". Otherwise, he delivered them to the Community Workhouse, which was run more like a prison. From there the children were sold as slaves, especially to the mining and textile industries as well as chimney sweeps.
There are "Bumble" structures behind the massive child care industry in Germany today, which has an annual budget of some 21 billion Euros. The post-war years in Germany saw a mutation of the child care system, which gradually changed its base from ideology to commercialism. Children in care were poorly educated, and made to work long hours without any social insurance. A substantial proportion of them were regularly beaten, sexually abused and even murdered. This situation still exists today.
Of course, there is a requirement of the system to legalize these abuses through some kind of court procedure. Germany has set up so-called family courts for this purpose. These courts have serious major deficits in both procedure and work quality. The judgments are, as a result, unsafe and unsound, so that it is not possible to differentiate between just and unjust decisions. Families fleeing the country are thus being criminalized by international extradition warrants, issued as a result of the breech of court orders made out by these tribunals.
The EU aids and abets these courts by virtue of EC-Regulation 2201/2003, which provides for the mutual recognition of judgements of the family courts within the boundaries of the EU. The EU-Commission, Director General of Justice Freedom and Security, is responsible for issuing this regulation, apparently without any form of critical control. The reply of the current incumbent of this post, Prof. Faull, to the complaint can be seen here. EU letter of reply
Germany's flawed Justice
Introduction
Government Statements
The national Report
The German Government in its Report to the UN Periodic Review (1) on 10 Nov. 2008 reporting positively on its efforts in the field of Human Rights.
The GIHR
In the same manner, the government-controlled German Institute for Human Rights, in its paper to the UN Periodic Review (2) reported that Germany had "a highly differentiated and effective court system". The translation appears to have been somewhat literal. This is taken to mean, "a highly specialized and efficient court system".
The Problems
There are good reasons for challenging the above statements







