UN-Beschwerde (English / Vorwort deutsch)
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W.Kehler, Eschenweg 1, 78573 WURMLINGEN, 06.07.1998
GERMAN
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SHORT GERMAN PREFIX: Der große preußische König Friedrich II. in einem Protokoll vom 11. 12. 1779: "Daß ein Justizcollegium, daß Ungerechtigkeiten ausübt, weit gefährlicher und schlimmer ist, wie eine Diebesbande, vor die kann man sich schützen, aber vor Schelmen, die den Mantel der Justiz gebrauchen, um ihre üblen Paßiones auszuführen, vor diese kann sich kein Mensch hüten, die sind ärger wie die grösten Spitzbuben, die in der Welt sind" Quelle: Rechtsanwalt Dr. Otto Gritschneder, München (download: www.stud.uni-hannover.de/user/69316/bghr1.html) zu "RECHTSBEUGUNG. DIE SPÄTE BEICHTE DES
BUNDESGERICHTSHOFS:
Wie schön wäre es, wenn das für
die RECHTSPRAXIS aller unserer Richter doch gälte! Dann wären
solche Beschwerden wie unten nicht nötig. Millionen Deutsche könnten
freier atmen. Sie würden in wirklicher Freiheit zu ihren Kindern mehr
Lebensmut und Freude
Würden alle Verantwortlichen mit Kompetenz
in diesem unserem Lande handeln wie er,
Das folgende ist eine JEDERMANN-BESCHWERDE,
die dennoch keine Diskriminierung anderer Standpunkte oder reine Belästigung
internationaler Organe sein darf.
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Avenue de la paix COMMISSION DES DROITS DE L'HOMME C H 1 2 1 1 - Geneve 10 |
Ref.: G / SO 215 / 51 GERM GEN
- KEHLER, GENERAL PART (Part I) U R G E N T C L A I M S Complaint vs. EU, Council of Europe, Decision no. 38012/97 of 23.5.1998 New document: EU TREATY OF BRUSSELS-II (B-II) got after the decision. Ref.: Complaint vs. Germany and applicants. Decision: 25.3.98 of BVerfG no. 1BvR 540/98. Never handled Protection of Honour and Reputaion, (Art.17 Human Rights: Family and Honour). And: Illegal measures still go on! Applicant asks to involve EU Court by fundamental interest, see part V |
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C O M P L A I N T V E R S U S E U R O P E
A N C O U N C I L A N D
P R E F I X : A) The EUROPEAN COUNCIL (EU) rejected individual claims of the applicant. At same time the EU accorded exactly his claims between States, in regard to procedures for separation (filed on 19.6.1998 by German Justizminister, Ministry of Justice, Engl. version exists!) in the so called BRUSSELS II TREATY of 28.5.1998 (see filed document I.1A: B-II) - according to Article 47, even by EU Constitutional Law (!!!); - according to Article 2, that Courts have to decide in that State "where both spouses lived before"! - Any applicant cannot involve another Court before at least 6 months; - See also: DECLARATION OF AVIGNON! (see I.1: B F+D) - according to Article 4, the State Parties have to obey the CONVENTION OF THE HAGUE against child abduction: Children must immediately be brought back to the site where they lived before! - See Convention of the Hague (I.: Hague) B) This EU Constitution B-II contains exactly, what the applicant had ever demanded but being refused. - Another "discriminatory treatment": All shall be valid between Statesp, not within one State as claimed. The existing adequate national law (§235 StGB) is not applied in Germany! - Rejections, exhausting all remedies see part III. C) This B-II-Treaty concerns BELGIUM, DENMARK, FRANCE, GERMANY, GREECE, IRELAND, ITALY, LUXEMBOURG, THE NETHERLANDS, AUSTRIA, PORTUGAL, FINLAND, SPAIN, SWEDEN, UNITED KINGDOM (GB). - State Parties of the Covenant of UN HUMAN RIGHTS! D) As to UN HUMAN RIGHTS, it "must be forbidden" to any State or a "Community of States", especially to Germany and the EU, to eliminate any UN Human Rights. - The UN should ask the European Court to decide, not only according
to B-II-Treaty, but to ensure all articles of UN Human Rights especially
by urgent correction of B-II: To forbid any discriminatory treatment, individually
or generally! Since individuals are not allowed to appeal, applicant asks
the UN now to ask the responsible European Court therefore, U R G E N T
L Y .
E) THE APPLICANT CLAIMS to involve all Un Human Rights, and especially: - It is forbidden to take children away to any other site as where they lived before in order to separate a family; - and only local Courts are allowed to act, to research local circumstances at the former site of the children, seriously trying to hear both parents before; - and only after a Courts decision children are allowed to leave a former site. - Between and within States! F) IN CASES OF DEVIATION with EU LAW the European Court must be involved. - In cases of deviation with German Law the German Constitutional Court (BVerfg) must be involved according to Article 25 of German Constitution, to protect UN Human Rights, Art.2,3b+3c; Art.5,1+2; Art.23; Art.26... - Honour and reputation, ensured in Art.17, is consistently violated by German Courts having to fulfil UN Human Rights, including Article 24, which contains already the basic principles of the Child's Right Convention (CRC) and of the Convention of The Hague against Child Abduction, the last being already a prior valid part of B-II, Art. 4. G) C O M P L A I N T V S . G E R M A N
G O V E R N M E N T A N D A
The applicant claims, that Human Rights and CRC, as already being (partly) implicitly implemented in UN Human Rights, Article 23, 24 and 26, ensures total applicability of CRC in Germany. - At least: "If the marriage is dissolved, steps should be taken keeping in view the paramount interest of children, to give them necessary protection, and, so far as possible, to guarantee personal relations with both parents" - Even if fulfilled, German Authorities do execute it rarely!
- According to German Government CRC "is not applicable directly" but according to part I.1a (KINDSCHAFTSRECHT UND VÖLKERRECHT, see below), the CRC must be applicable (after several years now) even directly: - According to I.1a, page 26, "the CRC provides expressively in Art 51 a PROVISO CLAUSE ("Vorbehalt") according to aims and purposes not being in contradiction to the convention. The literature partly denies the German Proviso Clause to be admissible. ULLMANN and WOLF criticise both, that the German Proviso Clause is in contradiction of the convention and therefore inadmissible, null and void according to Art.51, sect.2." - According to 1.1a, page 27, the local SUPREME COURT OF FRANKFORT (OLG Ffm) also denied that the proviso clause of CRC, as claimed by Germany, is applicable: "The mentioned OLG (of Frankfurt am Main) has applied directly... Art. 20 and 22 of the CRC... According to the declaration of the German Government, the convention is not directly applicable within the national law, but the Court has decided that the proviso clause is of no judicial relevancy. The declaration made by Germany is no matter of the law declaring the consent ("Zustimmungsgesetz") and therefore not applicable." - "Directly applied"...when suitable! P R E N O T I C E : Real abuse of children must be punished gravely,
but also any grave psychological abuse of children, here in order to eliminate
parent(s)!
GERMAN PREFIX / part1prefix / part1 / part2 / part3 / part4 / part4a / part5 P A R T I ) 1. CHILD ABDUCTION must be prohibited, indiscriminate, between States and within States! - But in NON PUBLIC AFFAIRS individual violations are hardly provable. FALSIFICATIONS OF DOCUMENTS, as only a few are partly provable, enclosed in the individual part III ff., prevent all legal remedies. - A small suppressed top of a dangerous big mountain of ice may be documented to introduce in that problem. Only a few of many general documents will prove serious violations of Human Rights by German Judges and Authorities as mentioned in: a) KINDSCHAFTSRECHT UND VÖLKERRECHT, Luchterhand-Verlag, Bd.15: In the Ev. ACADEMY BAD TUTZING, many international authorities met, specialists of Human Rights and Constitutional Rights, UN Commissars and Professors of Universities. - In herein documented lectures, they accused Germany to violate fundamentally Human Rights, CRC, the German Constitution and even simple law, and that no competent authority, incl. EU, eliminates serious violations! - Book filed to UN GENEVA by Dr.KOEPPEL to Prof. DE ZAYAS (UN). b) CATHERINE LAYLLE: DEUX ENFANTS DERRIERE LE MUR, fixot (now she got Lady CATHERINE I MEYER, spouse of the British Ambassador, USA): Like the applicant she lost their children in vacancy, when she gave them to her former spouse to Germany! - ...by grandparents? - Book forbidden, English version still exists! - See below: Accusation of the LORD CHANCELLOR and French publications
included:
c) The PARENTAL ALIENATION SYNDROME (PAS), GARDNER,USA; PAS in Germany by URSULA KODJOE and PETER KOEPPEL, Amtsvormund 1/1998, S.9ff.: Indoctrination, instrumentalisation, psychologically abused children, abused by authorities, "experts", judges, parent(s), "producing awful devastation and injures within the children"! - A women expert pleads for children, both parents, fathers! d) MATUSSEK, DIE VATERLOSE GESELLSCHAFT, roro, (SPIEGEL 47/97): A general crime in Germany and its result. Fatherless children are slightly influenced by superfathers (like HITLER) incl. criminals, are 5 to 73 times more affected by suicide, active and passive crime! e) KARIN JÄCKEL, DER GEBRAUCHTE MANN, ABGELIEBT UND ABGEZOCKT, dtv: A woman describes objectively the incredible personal and financial misery of the "abused men" of Germany: All love and money robbed... f) KLENNER, RITUALE DER UMGANGSVEREITELUNG, FamRZ 1995, p.1529ff: Quite "normal" loss of children, of visiting rights and parental authority.. - Against UN-Doc., see below! g) JOPT, IM NAMEN DES KINDES, Rasch und Röhring-Verlag. Another Professor describes "obscure" practice and "all mighty" Authorities, Judges, Experts. h) Other documents are already (and may further be) filed to UN, even by other people, in i) Including the incredible WILDWASSER-SCANDAL, WORMS (I.1i:.):
Parents were wildly accused to have abused (their) children, were even
in prison. They had done nothing as the last Judge confirmed. But German
Authorities do not give back the children to their own parents.
2. GERMAN COURTS and the Constitutional Court Of Germany (BVerfG), even explicitly, deny to be competent for Human Rights! In a very good seeming decision the Constitutional Court confirmed the right of a father (Prof. S., Munich) to visit his children, not having seen them since 6 years! According to Courts decision of
- Conclusion: Any parent is only able to abduct children if this crime is supported by Courts! - But responsible Germans do not obey a law or such decisions - UN, KLEIN, I.1a! - In page 10 of its decision the HIGHEST German COURT (BVerfG) explicitly
denies to decide about Human Rights, even to be competent for Human Rights:
The BVerfG claims, as usual in Germany, a lower law (even simple directives)
to be handled superior to the Constitution or Human Rights: The claims
are "...inadmissible whilst the applicant claims
a VIOLATION OF EUROPEAN HUMAN RIGHTS Art.6 and 8 or the CHILDREN'S RIGHTS
CONVENTION (CRC); concerning this, the right of the Constitutional Court
would be
- But who, within Germany, must ensure all prohibitions of Human Rights of the International Community, if not prior judges of BVerfG of Germany? b) ECKART KLEIN, UN-member, as mentioned in 1a) pages 33, 36, 48, as cited in short in 1h) means: - The German jurist must obey international law, even according to
Art.25 GG of the German Constitution, but he does not! - Not only thereby,
an arbitrarily violation of the Human Rights, even by German Constitutional
Court (BVerfG), has been proved.
3. The European Council (EU) "must obey" Human Rights, see Part V: a) As a "Community of States", the EU has to fulfil tasks of the UN Human Rights (Commission), at least within European Human Rights. As to UN-brochure Human Rights, OPTIONAL PROTOCOL, p.2) "to fulfil the second purpose, the International Covenant on Civil and Political Rights gave the UN HUMAN RIGHTS COMMITTEE four basic tasks..." b) But not all "tasks" are handled by the EU the applicant was informed, and the EU not fulfils all UN Human Rights, no Honour and Reputation and no consistent patterns of gross and reliably attested violations, and only individual(s) claims are decided, this even definitely. c) This may declare opinions of mentioned specialists of Human Right: - According to KURT EBERT (1a, p.104, as exactly cited in 1h) it is unbelievable that Germany has not yet been accused in STRASBOURG. - BRÖTEL, BGH: German Constitution and Human Rights of children and parents are not obeyed here, including the Constitutional Court. - WERNER MENG: Those violations "persist...
since 2 generations" and
- exact citations of 1a in 1h. d) According to the PROTECTION OF HONOUR AND REPUTATION (and
in practice the complete Art.17), the European Pact gives no remedies.
As to its consequences this
4. According to ALFRED DE ZAYAS (UN, Geneva) Germany must obey Human Rights, especially any "discriminatory treatment in regard to the grounds and procedures for separation or divorce, child custody, maintenance or alimony, visiting rights or the loss or recovery of parental authority must be prohibited (!!!), bearing in mind the paramount interest of the children in this connection", - a cite of: UN Doc.HRI/GEN/1/Rev.1, p.30. - According to ACHIM BRÖTEL States have no right to destroy Human Rights discriminatory (e.g. by extensive formal law) and again: Germany ignores here International Law. - This specialist for Human Rights and family has now become a judge at the Supreme Court of Germany (BGH), but of the 6th (Assurance, instead of 12th division)! - 12th = Family Court. - According to PETER KOEPPEL, Germany does not fulfil at all mentioned basic principles of the Human Rights (simplified; the high specialist is not allowed to act before a Supreme Court). - It is unbelievable (again) and nearly nobody may imagine: The responsible people prevent (even arbitrarily) Human Rights! - Where once women were strongly discriminated, now men are discriminated in Germany, statistically by more than 90% ! - Nobody cares until Strasbourg, as those specialists mentioned! - And in Geneva? - Not obeyed: obligation of PERSECUTION OF CHILD ABDUCTION (I .4) even by parents, see BVerfGE, 2 BvR 2724/95 according to BGHSt 10, p.376-378. - Complete citations of the filed document I.1a) are filed in I.1h).
5. There exist the CONVENTION OF THE HAGUE against Child Abduction, internationally recognised to be the worst psychological torture! According to this Convention between States, children must be brougth back to the site where they lived before. - One international aim was to prevent some later affecting uncontrollable children in order to protect the whole world from criminals and amok runners, - see I.1c, 1d, p.125! a) According to THE TIMES, GB (as filed), the LORD CHANCELLOR (GB) named Germany to be "...the worst offender for harbouring children snatched by a parent in broken family cases, against the spirit of the 43-NATION HAGUE CONVENTION ON CHILD ABDUCTION". (I.5a,1+2+3+4) French MINISTERE DE JUSTICE: "La coopération avec cet état est quasi inexistante"! - Both documents included to UN : see below! b) The results are the hereby filed new papers, Brussels-II-Treaty (28.5.1998) and COMMON DECLARATION OF AVIGNON by Ministers of Justice of France and Germany (7.5.1998) to eliminate such practice (of judges) by a serious co-operation... but all valid between States only. - B-II is good, but a clear discrimination by law for all victims within one State. - The results (even German Law!) are not applicable within Germany! - see I.1a, 1b F+D! c) Before interventions of Lord Chancellor and Ministère de Justice, followed by the Press, people could not believe, even in France, such incredible things happening in Germany (again). - While in the whole (other) world parents know what is the best for their children, only in Germany (Youth) Authorities, Judges and some by their Judge selected, financially dependent "experts" (1g), hearing children only for some minutes to an hour or not, know them much better than their own parents(as usual only in inhuman States)! - ??? - Even by passivity children are abducted of their parent(s) - I.1f, (acting takes time!). - Result: A torture, a serious crime, destroying social and - see 1d+e, financial structures and health. This "m u s t be forbidden" - See Part V! d) As already filed in I.1h), the MINISTÈRE DE JUSTICE (F) declared itself unable to help victims in France, claiming in an association: "SOS, ENLÈVEMENTS DES ENFANTS PAR L'ALLEMAGNE", complaining cases of suicide even in France: "La coopération avec cet état est quasi inexistante"! - (I.5d) e) Everyone in this whole world, having any competence to do something, should be aware what happens, if nobody cares about Human Rights until the highest instances, as here! - French Press, formerly not believing it, felt now compassion for French victims of such German torture, even mentioning the 3.REICH. - According BRUDER (see part II), that vogue of solidarity for persons misery forced French Authorities no more to execute blindly decisions of German Justice without confirmations of a French Court. - International pressure forced Germany to do something! - Without further international pressure things will become even worse
in Germany! - (I.5e)
6. Nearly all victims, especially in France and Great Britain, accuse the EU Authorities to be corrupted by an omnipotent Germany producing fear again to (responsible) people of other countries. - Some mentioned by conservative FOCUS (I.6), mentioned in 1d and 1a,p.104, and by international Press! a) "Terror" against children and parents: By "all-mighty" German Youth Authorities, "not controllable", even by Judges. Many Professors mean like JOPT, author of 1g (former student of KLENNER, 1f) in a shocking TV-magazine called REPORT, as documented in 1d, p.147: - "I know so many personal disasters, so many Youth Authorities where representative persons combine incompetence with arbitrariness and stupor, all this together forming an exceptional kind of might." - He criticises the "obscure might" being produced by all competent. - See 1d, p.147, also 1g + i) b) INCREDIBLE: Parents of their own children are affected in Germany by KIDNAPPING, are then steadily hindered to see their own children, hindered to make any gifts, even at Christmas! - When French parents with members of the ASSEMBLÉE NATIONALE went to GERMAN EMBASSY at Paris therefore, they were refused! - See MEMBRE d'ASSEMBLÉE NATIONALE, Maurice DEPAIX, 15.1.1997 - (I.6 b) c) But the EU, a "Union of States" has to confirm and to ensure the rights. - Judges (even commissioners?), not suffering by such cruelties, can perhaps not understand. - See 1a, e.g.: p.104. - The applicant inculpated therefore officially, before EU's Decision, the responsible European Commissioner (STRASSER, A?) to be biased according I.1a and asked the British Commissar to act (ignored). He even offered to prove the mentioned violations by a highly qualified expert of Human Rights. - As to be seen, nothing was considered! d) ABOUT 2 MILLION CHILDREN + 1.5 MILLION PARENTS WERE SEPARATED
(again, arbitrarily) in Germany, supported by unbelievable practice
(1d), by money making lawyers (see III.5d), quite arbitrarily (by "stupor",
or lazy) acting authorities and judges, generally with few or no psychological
training and engagement, consistently avoiding mediations to solve any
familiar crisis (1c), but in most cases doing everything to destroy even
any rest of familiar community!
7. Human Rights specialist KURT EBERT, University of Innsbruck(I.1a, p.104) and affected people in Europe do not believe and understand, why EUROPEAN COMMISSION OF HUMAN RIGHTS does not care at all of German violations! - Can civilised men or women simply not believe it (again)? - See I.1a. a) The PUBLIC PROSECUTOR in the TRIALS OF NUREMBERG, responsible to punish the crime of HITLER, meant that the world should learn, that disregards of Human Rights and Law m u s t b e p u n i s h e d . - Is this already forgotten? c) What is the effect for the THE WHOLE WORLD, if all (inter)national
competent authorities do not prevent it, by not protecting tortured people,
suffering by serious violations of Human Rights?
d) HUNDRED THOUSAND COMPLAINTS, but nobody (believes and) helps them: - A serious kind of torture, a trauma for helpless children, abused and pained by child abduction (by arbitrary might abuse, even by criminal energy), too often resulting in complete family disaster. - Why have as "radical" called REPs documented this? (I.7c) e) RESULT: A destruction of social structure, producing illness and serious social problems, affecting helpless children and parent(s)! - Supported by JUDICIAL PRACTICE, destroying psychologically the native ability of children to trust in their parents and to trust in other people (more than 75% criminals are fatherless) and in Human Rights! - MDL GEISSLER (CDU) confirms no effective remedies (1.10) f) A MAIN PROBLEM is, that Germany normally respects the rules in PUBLIC AFFAIRS, but German Authorities and Judges seem to be unable to handle fairly NON PUBLIC AFFAIRS. - Since even those proceedings concerning physically abused children are p u b l i c, where not, everything is documented in detail (as by video). In family affairs nothing is provable, preventing effective remedies! The applicant will prove in part III of his individual complaint: FALSIFICATIONS OF FACTS WITHIN DOCUMENTS (*), made by German Authorities and even by Judges! THE APPLICANT ACCUSES GERMANY, ACCORDING TO MATUSSEK (I.1d) AND THEREIN MENTIONED US-RESULTS, TO PRODUCE UNTIL 5 to 73 TIMES MORE ACTIVE AND PASSIVE CRIME AND ILLNESS BY CONSISTENT CHILD ABDUCTION! E n d o f P a r t I (of 5 parts) ----------------------------------------------------------------------------------------------------- L A T E R A N N E X T O P A R T I : The world should know that in such matter engaged parents, especially engaged fathers, are treated here like criminals, often even worse, as to their right of defense, to protect themselves especially against wild accusations and to protect their own children (both guaranteed in Art.17 UN Human Rights but consistently ignored)! This report is filed in English to tell the whole world what happens in Germany again: - See MATUSSEK in PAPS 2/98 p.10 about GERMAN STATE'S TERRORISM. See his above already mentioned book proving incredible facts about German Justice and German Authorities proving his accusations, - producing 5 to 73 times more passive and active crime, even affecting other Nations again. - See especially the incredibly cruel case GERHARD HEILIG (+ 09.08.1998) - link it below! - OTTO BRANDNER: A brave and rather successive fighter for his formerly abducted own children. Now he fights for other people and abducted children! His home was invaded now to find documents of his fight for Children's Rights and about his work and his connections? - See Part II: Other peoples complaints!
It should become quite clear, that this complaint is no accusation against woman: -About 150 thousand mothers and more than 2 Million (partly already adult, partly female) children have suffered or still suffer from the same kind of STATE's TERRORISM since 1977. - Ten times more fathers are suffering here, but when women are tortured by the same kind of terrorism they are suffering as well and in the same way and sometimes even more intensive. - To consider this statistical quantity
as a kind of EMANCIPATION is only stupid.
The applicant has filed 3 kg of paper to the UN, more than 2 kg of other people, especially hoping, that the unbelievable quantity of incredible cases will help us all, not only German people and not only fathers. The half of them are cases, where women are affected: - Much more than hundred press articles were filed by a brave fighting URSEL MAURER, Annastr.9, STUTTGART (Initiative Jugendamtsgeschädigte). Her own case, shortened, is mentioned in Part II. - Many French press articles were filed by CHARLES BRUDER, F-SARRE-UNION and his friends, all suffering by German CHILD ABDUCTION, - see Part II. - Other documents were filed from GB, including CATHERINE LAYLLE, the LORD CHANCELLOR, the GERMAN MINISTRY OF JUSTICE and other Authorities. - And by some other affected German, British and French people. - The own papers were a small concentrate of all individual papers, still containing 0.8 kg. - I thank them all for having sent me documents about their cases. But in future, they have to file their complaints themselves to GENEVA in French or English. It was too much for me. The cases make depressive! Also their incredible quantity. And that one case is so similar to the other according the behaviour of German Authorities and Justice. It is a complaint against German Authorities, where one SERVANT OF THE STATE protects again incredible behaviour of other SERVANTS OF THE STATES. The German Parliament contains more than 50% former Servants of the State (to protect common nonsense only?). - It must still be mentioned, that there are some Courts and Authorities, deciding more and more in the sense of Human Rights, but they are the minority! IN MEMORIAM GERHARD HEILIG (+ 09.08.1998), paralysed since several years: The meaning of GERHARD HEILIG (see this Complaint to the UN) should become clear for all of us: He mentioned a kind of COSA NOSTRA of German Servants of the State comparing the behaviour of them to the MAFIA, where one is forced to help the other. The applicant has embedded his ideas. GERHARD, already paralysed since several years, died now by a serious "burned out syndrome" by CHILD ABDUCTION as he told me on 14.03.1998. At that time GERHARD already prognosed his near death. - His Judge had refused to "force" a child to any visit. - But this Judge knew the protocolled reality by the daughter of GERHARD: SARAH loves both, mother and father! He could not do anything for his loved child. This fact killed him. GERHARD died without having seen his own child at any visit. He died finally by the cruel psychological torture CHILD ABDUCTION - The M a f i a means: It cuts off men's roots... Estimated 10.000 people more than normal die by such psychological torture of German behaviour in one year only (incl. children by suicide or by normally not taken drugs)! GERHARD met his Minister President BECK, Members of Parliament and even the German MINISTER OF JUSTICE. - But the incredible fight of a paralysed man for his child was in vain... His young girl will never see her own father any more in her live... - Will she miss him? --------------------------------------------------------------------------------------------------- Extracts, as far as authorised or published:
U N P E T I T I O N - P a r t I I
- according to CHILDREN RIGHTS CONVENTION (CRC) as being in general already at least partly implicitly implemented in UN HUMAN RIGHTS Art. 23, 24 and 26. - At least: "if the marriage is dissolved, steps should be taken keeping in view the paramount interest of children, to give them necessary protection, and, so far as possible, to guarantee personal relations with both parents". - See UN CCPR/C/21/Rev.1, p.3 GERMAN COURTS often decide (few hours of) visits but do not execute!
1. To prove his complaint, not only becoming a GERMAN abut more than an EUROPEAN dimension as partially already proved in (I.5e), as in all individual complaints, not considered until STRASSBOURG, he applicants documents show very few of a lot cases, all being a tiny subset of some million of cases of a new kind of a) Mrs. URSEL MAURER, Annastr.9, 70327 STUTTGART: Her JASMINA got in "care (II.1) of YOUTH AUTHORITY". A strong young girl became there depending of drugs, left school, was abused, got ill, was affected by suicide... - As the child was ruined, URSEL MAURER got her back - years later! - Responsible Authorities and Judges act consistently either not at all - or, like in WILDWASSER SCANDAL, overreacting, "might abusing", - see: I.1d+g! - They support defamation without proofs, violate HONOUR AND REPUTATION! - URSEL MAURER has become the most active enemy of such practice. She sent some hundred press articles, mainly of the region of STUTTGART! - (annex X) - while she accuses Youth Authorities mainly, all is supported by judges! b) But why exists there no "revolt" against such (documented) cruelties? - Whilst in other well known cases of abused children, as in BELGIUM, the responsible idle Authorities at least were persecuted by otherAauthorities, even after being "chased" by a shocked public revolt, - German people is, by former time, too much adapted to cruelties!- ? c) Victims become seriously ill, react as paralysed. By such reason nobody get by Courts reinstate! - While reading, hearing and seeing incredible things of German Authorities, published by serious understatements of reporters, daily visible in (TV) MAGAZINES, not comparable to reports of foreign TV, people no more dare to react against all what happens here. - Against Humans Rights no EFFECTIVE REMEDIES do exist here against VIOLATIONS and OMISSIONS of German Authorities, hardly provable. - No effective appeal exists in not provable NON PUBLIC AFFAIRS: Courts (OLG) declare consistently their o w n decisions as to by INADMISSIBLE! - This prevents all further remedies, even against awful decisions!
Wherever people oppose, Authorities declare themselves incompetent, suppress
truth, negate complaints, ignore relevant parts of the complaint, falsify
documents, using computerised preproduced segments of letters (until BGH!),
- not referring to any claimed matter !!!
2. Such documented permanent psychological and physical TERRORISM BY (YOUTH-) AUTHORITIES AND JUDGES, cruelty and torture for involved children, parents and other people, by not acting or incredible acting against defenseless children and quite helpless parents, - e.g.: Children are too often deported like suitcases and like in awful former time - not only, as often, by one parent, - but even deported by (initiative of YOUTH) AUTHORITIES, - as mentioned in II.10 (Part X), e.g. three children, - their parents defamed by neighbours, - the children sleeping, - their home quasi invaded, - their parents being put into handcuffs by police officers, - their three children deported to three different centers for (unsociable or even criminal) youth - see II.10 (Part X) by U.MAURER. - This event was published then by TV, initiated by URSEL MAURER, having main contact with women's publication, nevertheless all seriously researched. Injured victims often get a kind of mad, children and parents becoming unsociable by treating them like in WILDWASSER-SCANDAL in total prejudice, too often with no real chance of defense. - Treated like criminals, sometimes too similar to deportations of former awful times, some cases and facts are already documented, as e.g. - by MATUSSEK, I.1d and in WILDWASSER, I.1i) - Arbitrarily produced destruction of the personality of children, of
men and women, producing arbitrarily sickness, psychological and financial
misery by herin dictatorial acting GERMAN AUTHORITIES and JUDGES, degrading
millions of individuals of the State of GERMANY, concerning the EUROPEAN
COMMUNITY and the whole WORLD as producing fear, social and economical
disaster (see UN HUMAN RIGHTS PREAMBLE!): Well-known uncontrollable secondary
effects!
3. People having few knowledge of German Language should read the cases of FRANCE and GREAT BRITAIN, showing great resonance when touched by those peoples but quite less spectacular in comparison to German cases, and being quite "normal" in GERMANY, - included personal confirmation (II.3), - CHARLES BRUDER, GRAND RUE 1, SARRE-UNION, F: Born and married in FRANCE, one parent snatched the common child to bring it to GERMANY in order to completely abduct the child, confirmed by judges, by awful defamation named as "highly imaginable" (as in the 3.REICH, but), of the other parent arbitrarily in order to ruin HONOUR and REPUTATION, as too often in such kind of GERMAN NON PUBLIC AFFAIRS not giving any chance of rehabilitation to the victim. - He told me and partially proved: - e.g. that the father: "has celebrated a mess within a catholic church", with the local priest in order to kill his child. - !?!? -An "expert" even confirmed such things as to be possible! - ??? After this accusation the priest confirmed that this is completely untrue and even impossible. But this was never heard by any judge. - The applicant has seen such documents. - Instead of punishing wild untrue accusations, GERMAN AUTHORITIES support defamation! - His child remained abducted for 17 years! The applicant saw, when his child visited him for the first time now in order not to loose alimony as a full-grown 18 years old man. - See AFFAIR BRUDER in I.5d+e (PARIS MATCH), I.6 - The victim lives in a some hundred years old house in erosion. He has proved his quite small financial support by the State. Alimonies were paid since decades by his hard working wife, being half paralysed by poliomyelitis. - THE GERMAN COURTS DO NOT CARE! - INSTANTLY (as one late effect?) he told me that he suffers from CANCER OF THROAT! - As in WILDWASSER SCANDAL and in other mentioned cases, nearly always
the abducted parent only, man or woman, is consistently accused to be a
monster. - This is supported by awful selective inquisitions of children,
being abused in order to eliminate particularly the abducted parent. But
not only indoctrinated by parents: Less engaged "experts" and JUDGES encourage
children to support lies against their parent victim to make it defenseless.
- See 1b, c, d, f, g, i)
4. PASCAL HOLDRY, married in FRANCE: One parent snatched the common child to bring it to GERMANY, abducting both children by help of a GERMAN JUDGE, and by awful defaming of the other parent in order to ruin HONOUR and REPUTATION. - As in the applicants case, children were attracted into vacancies in GERMANY to the site of the grandparents and never came back. HOLDRY's case was noticed by MEMBER OF L'ASSEMBLÉE NATIONALE, Monsieur PIERRE CARDO
(II.4)
- The mother claimed being in divorce, went to a JUDGE in D- MEMMINGEN, (with her grandfather?), the JUDGE giving her, as completely "normal" in GERMANY but completely illegal, the right to raise them children alone. All made him seriously sick! - But as to the LAW OF FRANCE, the father got this right by a FRENCH COURT, deciding to dissolve the marriage prior to GERMAN COURTS. They did not care about French decisions. - The FRENCH COURT declared itself correctly competent. According to INTERNATIONAL LAW affected children must be brought back to FRANCE. - The GERMAN COURT of AUGSBURG and GERMAN JUSTICE at all, as nearly always in cases where Non Germans claim in Non Germans COURTS their rights, did not care about Non Germans DECISIONS. - An intervention of the MINISTÈRE DE JUSTICE did not care the Germans. - The right of visit was practised in surveyed area (as in a prison), as Monsieur CARDO wrote: For only one hour. And this after the long voyage from FRANCE to GERMANY! - As usual, only GERMAN LAW is applicable in GERMANY, as KLEIN wrote: GERMAN JURISTS do not obey INTERNATIONAL LAW, but they must, even according to Article 25 GG (German Constitution). - As the PUBLIC PROSECUTOR in the TRIALS OF NUREMBERG, responsible to punish the crimes of HITLER, meant the world should learn, that disregards of HUMAN RIGHTS and LAW m u s t be punished. - As to the applicant, all terrible "judges" should be treated as any
kind of criminals, like horror judges (of the former DDR).
5. ERICK CHASSIGNOL, says, as certified hereby: He was married and divorced in Germany, not seeing his son since 8 years, against COURTS decision, and he sent documents that the had renamed on 27.08.1997 his son PHILIP CHASSIGNOL, born at 19.12.1985! - Only afterwards he was informed, as documented by MINISTÈRE DES AFFAIRES ÉTRANGÈRES, F, on 29.04.1998 (II.5) Another unbelievable fact: The father was not involved in any form by any GERMAN COURT, even not according to GERMAN LAW, as to CONSTITUTIONAL COURT: BVerfG, NJW 1995, 2158, - see I.1a, p.81f.), proving again, that GERMAN AUTHORITIES do not care at all about LAW, CONSTITUTIONAL RIGHT or even HUMAN RIGHTS, - and as decided by the EUROPEAN COURT: Case KEEGAN vs. IRELAND, decision 26.5.1994, series A, No.291, §59, published in Germany: NJW 1995, 2155, - published by lawyer Dr. KOEPPEL - in 1a, p. 82f., both mentioned decisions are not allowing such practice at all, at least not without a decision of a COURT and without involving the affected parent, here the legal father! Before this, CHASSIGNOL was arbitrarily accused, by defaming this parent
in order to ruin HONOUR and REPUTATION (as in well-known): - See I.6 b,
p.2.
6. WILDWASSER-SCANDAL: Some ten people were accused innocently to abuse children, got in jail for a long time, proved by COURT then to be innocent, children remains even after rehabilitation abducted, until now! - I.1i - All such things became "normal" in GERMAN CHILD AFFAIRS, proving applicants complaint, confirmed by UN COMMISSAR KLEIN (I.1a+1h): The German jurists do not obey international law (sshortened cite). - Even the GERMAN CONSTITUTIONAL COURT (BVerfG) does not dare to interfere
with "free JUDGES" having a too free choice of what they do ("freie Beweiswürdigung"),
never being disciplined... even if working only one day per week, as a
JUDGE told at Ev. ACADEMY BAD BOLL.
7. REBECCA SARUHAN, Karl-Theodor-Str.5, D-22765 HAMBURG declares according to CHILD ABDUCTION BY GERMAN AUTHORITIES IN TURKEY: - Arbitrarily acting German Authorities, destroying children by Child Abduction. When children become criminal, they give them back to their parents. And: German Authorities abduct children from foreign countries (but nearly never give children back from Germany). - Included personal confirmation (II.7). a) After separation, her son wanted to live with his GERMAN FATHER. As his father was newly allied, he proposed to the YOUTH AUTHORITY to put his son into a Centre for (unsociable) youths. Those Centers are filled up for 5.000 - 10.000 DM/month for each... - Financial interests abduct children! b) YOUTH AUTHORITY took her son away from her mother and put him into such a YOUTH CENTER, where he became more and more unsociable. As his father refused him, more and more he got criminal. Instead of giving her son back to his mother, visible more and more arising problems were negated by the YOUTH AUTHORITY. c) The mother made a last attempt to save her son: As being married now with a TURKISH man, she took him to TURKEY on 20.04.1997. Turkish Police asked her son some 3 times between 5.7. and 8.7. and at 10.7.1997 with TV! As her son wanted to stay with her mother, the Turkish police gave the son to her mother. d) At 08.09.1997 her son was kidnapped in TURKEY by order of the GERMAN YOUTH AUTHORITY, claiming to have that right of her son. Her son was brought back to the mentioned YOUTH CENTER. Doc. by interviewing the GERMAN CONSULATE in TURKEY and accusing GERMANY of CHILD ABDUCTION. The mother says, the video tape of the TV still exists, proving illegal acts of GERMAN AUTHORITIES and the incredible statements of the CONSULATE confirming that a certain woman of the YOUTH AUTHORITY was responsible, even paying everything. e) Since her son has become now quite criminal, his mother feels herself
helpless, sees no chance to raise him. Authorities tried now everything
to give him back to her, even by repression: In other case she could be
obliged to pay everything...
8.) OLGA WALDHEIM, Auf der Böcke 5, D-58239 SCHWERTE, she declares for her 21 years old SON, as (as often) not being able to act, for an executionable right of visits: - (II.8) - The father of a six years old child lives in SEPARATION. - As usual, an arrangement of visits was realised a few times only. - As in the case of the applicant, his child was abused to perform a kind of psychological torture against the other parent: - The child phones to confirm visits. In the last possible moment the child gets order to negate the visit by phone. - The child is abused now to oblige the father to initiate a travel to far aims ( in order to negate it in the last moment to produce costs only?). - The JUDICIAL PRACTICE gives grandmothers son no chance to execute visiting right if the mother prevents this. - The father has paid everything for the mother alone, even the financial credits for her former studies. - This GRANDMOTHER claims that the mentioned abuse of a little child will produce serious injures within the child. Such methods of awful indoctrination in order to make the abducted parent furious consistently results (statistically) within 1 to 2 years in a resignation of that BAD UGLY PARENT, not caring for his child. - She claims for an equal part of men and women within authorities, since women dominate (by 80%) too often claiming for separation. R E S U L T : This father has given up soon, as most of them, "knowing" by others that mentioned German Authorities do not help their people, too often arbitrarily abusing their might (to torture others, or as quite probable, a bit too lazy to act against done facts?) - but not in order to protect children. - But if the abducted parent acts against an Authority or Judges, usually some demonstrations of pure might punish him. - Children are victims of an awful practice of Authorities and Judges in reality not often and normally not at all supporting children in those cases. - GERMANY only acts on INTERNATIONAL PRESSURE, the UN is demanded to demonstrate (again) an EXAMPLE IN GERMANY since: "Everyone has the right to the protection of the law against such interference or attacks", - until now, nobody competent cares about. a) As not being included within EU HUMAN RIGHTS, the EU at least does not stop CONSISTENT VIOLATIONS and UNLAWFUL ATTACKS ON HONOUR AND REPUTATION. This remains one main complaint: - The EU supports defamation in GERMANY by doing nothing, thereby eliminating children by one or even both parent(s), cutting off all natural junctions between children and parent(s). - Instead of supporting fair procedures at GERMAN COURTS all being obliged by the GERMAN CONSTITUTIONAL COURT (cited in I 1h) to "search for truth", this is nearly never fulfilled here. - The applicant proves this to be a general fault in GERMANY, as the general and other mentioned documents will prove. b) The UN must stop GERMANY, even the EU: Further support of psychological abuse of completely depending children (PAS) "must be forbidden", abused by one parent, supported by JUDGES and AUTHORITIES, all knowing sure and better as any parent of the children, what is the best for other parents children, even supported by HIGH(EST) COURTS, generally and according to the special case of the applicant and his children: - Nobody disciplines omnipotent "free Judges" in non public affairs. - Nobody stops arbitrary unlawful "interference with his family" and others, especially by serious defamation! - Incl. the EU! - Individual violations are claimed within the general background as confirmed by mentioned specialists and serious documents accusing consistent violations, surprising any victim, men or women, meaning to be put in horrible not ending nightmares when loosing, by one hour to the other, often for ever, much loved children! c) Germany generally consistently abuses "successfully" inferior
and Formal Law against Constitution and Human Rights to protect not seriously
acting Judges and Authorities from any discipline.
10. Mothers and fathers lost their children by abduction, treated as inferior underdogs with abducted rights (of own children)! Million times in EUROPE children are taken away to one parent by German Authothities, as in the case of the applicants, psychologically and financially destroying the other parent of common children. - DISCRIMINATION: If one (MUSLIM father or grandfather) abducts children from GERMANY to TURKEY, the same crime is always persecuted. a) According to UN HUMAN RIGHTS, the GERMAN JUSTICE and even the EUROPEAN COUNCIL must (however?) "ensure, that the competent Authorities shall e n f o r c e such remedies, when granted"! - General + individual violations, UN-Article 2, 3c. b) But the EUROPEAN COUNCIL means such a COMPLAINT IS NOT ADMISSIBLE!? - Never regarding consistent pattern of violation! - see I.1.1 c) In NONE PUBLIC AFFAIRS, as practised then and now, everything is possible but nothing may be proved! - Individual complaints cannot prove the grade of violation! - No kind of commissioner or judge anywhere should ignore quite unbelievable things! - As many victims, I could not believe in new kinds of VIOLATIONS OF HUMAN RIGHTS: - Especially fathers, even some mothers, must be "IN FEAR" (see PREAMBLE) that their loved children are abducted by the other parent, by authorities demonstrating might, judges knowing no scruples, unwilling to put themselves into the victims. d) Anybody not affected cannot believe it as nobody can believe at any time about 6 million innocent killed victims. - Serious GERMANS and OFFICERS did swear, that this is not true! - Responsible people have not registered until now, how easily a man who called himself FÜHRER was able to indoctrinate a people ("do you want the total war") as well as some millions of affected children. He was even able to trick an INTERNATIONAL COMMITTEE, seeing hard working
people and clean shower facilities. When that Committee had left THERESIENSTADT(?),
showers where modified back in GAS SHOWERS to kill innocent people. - Incredible
! - Impossible ???
11. Serious violations are always completely unbelievable. - The HUMAN RIGHTS should prevent them! a) The INTERNATIONAL COMMUNITY includes several States, confirming to obey international law without really doing so. Some of such States hide violations (of parts) of the HUMAN RIGHTS by claiming the INDEPENDENCE OF THEIR JUDGES to prevent adequate measures. - But any responsible authority must do something against it. - What will happen, if nobody cares? b) "Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights" - UN, see Part V. - But responsible people constantly ignore and disobey HUMAN RIGHTS in NONE PUBLIC AFFAIRS, even by a systematically falsifying and by collusion. As KLEIN (UN-COMMISSAR, 1a) and the mentioned other specialists accused mentioned, German jurists do not really care for Human Rights, thus they do not obey them! - See UN-Article 5, 1. c) While all remedies must be exhausted GERMANY destroys HUMAN RIGHTS, e.g.: - By too short time limits for an objection (14 days or 1 month). - By strict OBLIGATIONS OF BEING REPRESENTED BY A LOCAL LAWYER. - LAWYERS do what they want to do, except for much money. - But people get poor by all, but then, lawyers are not interested. - They "forget" to inform about decisions. - Too late? Bad luck! - Good international lawyers are not allowed to act in GERMANY! - In practice, serious judges as once JUDGE DICKMEIS, AG KAMEN, who tried to involve HUMAN RIGHTS and CRC, were disciplined. - Even serious BGH-lawyers see no means to involve HUMAN RIGHTS here (or even CONSTITUTIONAL RIGHTS). They generally do what they can, proposing compromises, but within the well-known PRACTICE of GERMAN JUSTICE and their local Judge(s). - e.g. Prof.HENSCHEL, Prof.NIRK and others, KARLSRUHE - but thus preventing also to exhaust all remedies! d) Consistent violations, hardly provable but clearly attested by mentioned
GENERAL DOCUMENTS, even with a systematic collusion by AUTHORITIES and
JUDGES! Nobody believes consistent tortures, the dimensions are negated
producing sickness, deep depressions, sleeplessness, suicide and (killing)
amok runners! - Consistent violations are not considered in individual(s)
complaints until STRASSBOURG!
12. GERMAN AUTHORITIES AND COMMON PEOPLE AND SOME RESULTS a) To the hundredth birthday of the GERMAN CIVIL CODE (BGH) experts accused GERMAN LAWS to punish violations against things much more than violations against people and that the value of children here is often even inferior to the valour of animals! - GERMAN PEOPLE is trained since hundreds of years to obey to the Authorities. They never have had a long period of freedom and liberty under a long period of a mighty Constitution, like in the USA, GREAT BRITAIN, FRANCE, SWITZERLAND, etc.! - Serious Germans close their eyes, ears and all senses against cruelties! b) There are some good working Authorities. In BAD SALZUFLEN e.g. a very good working YOUTH AUTHORITY, directed by a quite seriously HUMAN RIGHTS enforcing woman! But, as there exists no kind of remedies against GERMAN YOUTH AUTHORITIES and against UN-HUMAN RIGHTS violations, they normally abuse their kind of all-might! - Fact e.g. affirmed by MdB Geißler (I.10 a) c) Normally GERMAN AUTHORITIES are trained since hundreds of years that COMMON PEOPLE does not dare to oppose to AUTHORITIES might. - The AUTHORITY presents an imaginary MIGHT OF THE STATE, defending against everyone who only tries to oppose. - Constantly anyone who claims HUMAN RIGHTS or even CONSTITUTIONAL RIGHT or concrete DECISIONS of the BVerfG is only object of a laughter, including lawyers! d) According to a MAFIA JARGON, child abduction means to "cut the roots of men": Highly injured children and formerly normal people too often take drogues and alcohol, e.g. in order to get any sleep, to prevent real bathes in sweat, many of them becoming a kind of foolish about all, even fanatic, maniacal, furious, some even dangerous for their family. Not only people of other countries warn responsible authorities: Even more and more policemen and teachers lose control, even by killing partly or completely the injured family! - Such "bad boys" are responsible for all the results of an "inhuman practice". More than 75% of criminals have no father (USA). E n d o f P a r t I I (of 5 parts) --------------------------------------------------------------------------------------------------- W e g e n D a t e n s c h u t z l e i c h t r e v i d i e r t i n c l . K ü r z u n g : (*) Some extracts of two Individual Parts of the applicant, shortened:
P a r t I I I o f
t h e U N P E T I T I O N
1. The applicant claims, according to his PART I and II, that the worst known psychological torture, CHILD ABDUCTION, must be stopped as mentioned by KODJOE and KOEPPEL in PARENTAL ALIENATION SYNDROME (PAS - ref. GARDNER,USA), still supported and produced by (unskilled... might abusing or even lazy, see Id) Authorities and Judges, instead of parents "knowing what is the best for children" - incl. applicant's children, - as mentioned in I.1c (1d+i): - forcing children to decide between normally both loved parents by horrible inquisitions, as mentioned in PAS, e.g.: "instead of asking each child separately" "judges and experts"(!) prevent "adequate interrogation" quite steadily "preventing the truth", - "producing awful devastation and injures within the children" (!!!,) "instrumentalised" and "programmed" helpless reacting against "brain-washing", "psychologically abused", forced even to an "identification with the aggressor" and forced to become an "enemy against one parent", forced to support lies "inventing own histories" in "amnesia according to" good "reality", authorities acting in perfect "ignorance of international law", international knowledge, including "American and Canadian jurisprudence", even "of Great Britain"! - Authors evaluated much, did find nothing! - The applicant claims to stop urgently such kind of tortures, also for his own children!... ... ... ... 3. Serious dangers for children confirmed by short expertises of UNIVERSITY PROFESSORS were never considered by any Court(*) b) Prof. KLENNER wrote in this case after having read the Official Expertise: "3.1. To consider the wish of children as the only relevant factor of their decision, means to charge children of t h e i r decison about family relations, whilst the competent adults at the same time deny their o b l i g a t i o n s to decide for the children, considering the consequences for those children. It is not suitable for children to make such a decision. - ..."the adults": Meaning also JUDGES, etc.! 3.2. Instead of the fight for parent's r i g h t s the o b l i g a t i o n s of parents have to be considered first, according to their children and according to GERMAN CONSTITUTION Art.6 (*). It is not sufficient, if the mother only tolerates contacts to their father. To fulfil her parental responsibility, she has to proclaim her educatory wish and has to declare that she desires that their children visit their father, and that any struggles between parents are not subject of the children." (*) GERMAN CONSTITUTION, Art.6, 2: "Raising up and education of the children is the natural right and prior task of the parents"! - Short expertise of Prof.KLENNER, - see (III.2b) b) Those short sentences should show the qualification of Dr.K., a by no Court ever named, but posterior becoming OFFICIAL "EXPERT". - Dr.K. having neither children nor wife, acted here instead of Prof.K., only being named here by the Court. Ignoring all psychological knowledge (see meaning of Prof. KLENNER) Dr.KARLE considering an abstruse "wish of children" only ... - Only one grave but "normal" violation of GERMAN LAW, ZPO: "The expert is not allowed to delegate his
work to another. - As far as he uses the service of another person, he
has to name that person (!before!) and must indicate the amount
of an action if it is more than a subordinated, less important work."
"For proofs by experts the rules for witnesses
are valid.": As to my opinion: Meanings of other experts must be included
like any named important witness (there were even 2 university professors!),
See Part IV, 5: How already the first expert warned! Both most highly qualified experts were never considered by any Judge! Extract, completed in the context sense: As to the following EXPERTISE of Prof. UNSÖLD, TÜBINGEN, it must be mentioned, that children's mother was a good mother and wife. But when she was affected by her own parents, those perhaps not able to like her husband, she got some strange blackouts. Within the most possible deep love letter, she could suddenly write extremely strange thoughts, e.g.: "They should assassinate you, rip you in many small pieces. It's what you need sometimes, it would give desired healing" "As result of letters... written by the husbands wife... (wife of the applicant) as may easily be proved by the Court, as enforcement by psychology knowledge, there exists evidently... a higher grade of infantile dependence from her own parents... combined with restrictions of her own ability to decide, combined with permanent feeling of guiltiness (according to their parents, especially to mother's father), with only partially restraint massive degradation reactions against the own husband, who, after his serious illness, has been declared to be a "flop", even in front of the children and in a kind of obsessed manner. As further negative consequences according to the wealth of the children N. and S. there must be feared: Escalation of the already persisting conflict of loyalty, the children making to feel themselves guilty because of the massive degradation produced by grandfather and grandmother against their own father."
SHORT CONTENT OF TEXT: - It shall be mentioned in this context, that the female Lawyer L. of DARMSTADT made only wild accusations according to this expert and the applicant, even to be "paranoid" (in a written letter!). - Instead of regarding at any time the meaning of the highest possible qualified experts at any time, the complete illegal "expertise" was made by a certain Dr.K.(*), quasi withdrawn after too much failures (see below) and therefore even never accounted for payment. But the below mentioned very strange expertise became the base of all further Courts decisions! - It seems as if the COURTS EXPERT (?!?) was biased, at least emotionally too weak to be able to object total nonsense and a clear PREJUDICE OF THE FIRST JUDGE: E n d o f P a r t I I I (of 5 parts) --------------------------------------------------------------------------------------------------- e x t r a c t : T H E I N D I V I D U A L S C O M P L A I N T ( 2. ): 2. CHILD ABDUCTION BY INCOMPETENT JUDGE , FALSIFIED DOCUMENTS. The children had went to the grandparents in vacancy. They and her mother took few things only with them and only what they needed for a single week. As too often, clearly influenced by grandparents, they never came back.. a) Without hearing the applicant at any time and without giving clear reasons in his decision, a foreign Judge, knowing nothing about any reality or local circumstances, abducted the children of their father by his might. This Judge G. of the AG D. meant by DECISION of 12.5.1995 by AG D. ref. no. 50 F 291/95: (IV.2a): "The PROPOSING PARTY made plausible, that the RESPONDING PARTY could bring children back against their wish to W. (their site!). As to the court, such a proceeding would not correspond with the wealth of children. In contrary, according to strong relations between mother and children... only the made decision (comment: by abducting the children from their home, site, friends, father, school, etc., discriminatory not considering any relations between father and children!) fulfils the wealth of the children. Since a danger for the children can not be excluded, an urgent decision was made." - Can it be "excluded", that such a Judge is mad or criminal or loves the female Lawyer ? - If not, such a Judge should be imprisoned (to be no more evil)! - ??? (Personal annex: Neither he nor the Youth Authority had asked the children or the father at that time before his decision, clearly against the German and International Law he decided without any hearing. - 3 weeks later the children were already visibly indoctrinated - see PAS) b) Abstruse logic of such a Judge: As nothing can be excluded, this would mean, that everyone has to be punished - preventive - e v e n h e ??? - ! - A complaint against that JUDGE G., clearly having abused his might by not hearing one parent, supporting accusations of the other parent only, then deciding after having declared himself twice incompetent, - filed to the REPUBLIC PROSECUTOR at DARMSTADT. The answer of 4.2.1998, ref. no. 2 Js 43873.3/97, (IV.2b) confirmed that the JUDGE has had two times declared himself incompetent on 7.6.1995 and 28.6.1995, negating, that the JUDGE had done anything wrong, by still acting later on! That the Judge had decided after this (on 12.06.1995 and 28.06.199)5 ! c) The PRESIDENT OF THE SUPREME COURT OF FRANKFURT (OLG), decided That after examination "it is not visible that an incompetent judge has acted there" -??? d) But back to the Judge: While the first and last "oral hearing" of JUDGE G. he even had forbidden the applicant to say anything and this while hearing at the same time arguments of the opposite : "If you say anything, all proceedings remains here!", after his 2nd declaration of incompetence, on 28.06.1995! After his declaration he made a SECRETE and COMMON INTERROGATION of the children with other serious faults and provable falsifications: - COMMON INTERROGATIONS, here of both children, preventing any kind of contradictions a serious fault, even mentioned in 1c) to be often done, a fault even according to German Law, forbidden, but quite "normal" here, as confirmed by 1c, 1d, 1f, 1g, 1h. - In order to collude by this maintenance what he had done wrong?! - Protesting before it, because the JUDGE was not competent and visibly unskilled, asking to involve an expert, the JUDGE answered loudly: "What a German Court decides is valid, even if it's wrong!" - His strange hearing on 28.6.1995, see AG D. ref. 50 F 291/95: (IV.2d) - See his already former declaration of incompetence of 07.06.1995! e) He did even not inform the children about their fundamental RIGHTS:
Here
- Such thing are normally only "normal" in Terror States in order to eliminate undesired people by their own children. - see MATUSSEK. - Indoctrinated for 3 weeks and (even by lawyer15 minutes) brainwashed poor children confused totally mother's and grandparent's and father's deeds. How should the Juge know it? - The Judge protocolled, as if children had to raise their father, e.g.: Where the family goes, how he has to react, what father has to pay, each child having got more than enough money for its own! - An incredible protocol, made clearly in order to eliminate one parent
by his own children, both children being never (before) able to tell things
as mentioned there! - As some normal procedures of Terror States in order
to eliminate people by their own children!
3. CONSISTENTLY ABDUCTIONS OF CHILDREN BY COMPETENT JUDGES: - Conform to LORD CHANCELLOR and PAS, see part I, 1a: The next, now competent JUDGE had forced then the children to "express a wish" (and to love either more their mother or their father - cruel!) to confirm his college's decision. BUT: As the children wanted to come fast
to their father, according to urgent intervention YOUTH AUTHORITY, D.,
2.10.1995 (IV.3) to JUDGE B., AG T., the JUDGE requested a precedent report.
4. Mr.T., YOUTH AUTHORITY, D. made very fast his report: a) Grandfather: He feared, the children would not come back to him again . b) Both children: Wanting (at least?!) to visit their father !!! c) Their mother: "Spontaneously" she "had accorded" !!! - ? d) The last sentence (a document of frustration and lost liberty) in their new site at R.: - "..the children try to orientate anew,
even themselves, and even actively" !?
e) The applicant felt, as if Mr.T. of the Youth Authority got disciplined after this: - He never more was so agile to help children's father! - Whenever involved, it was at least with a (female) supervisor. - Before this, encouraged by their father, sometimes inhibited by their mother (not encouraging them as she had learned to produce fears), children had become free to do what they wanted, within limits of other people's liberty, both notable standing alone. h) Thus the now competent Judge B., AG T., prevented the mentioned urgent wish(!) of the children to come to their father (at least in next vacancy). Their at that time still massively injured father wanted to die by such pain, knowing that... - Daughter S. ... would no more live in the awful village R. (German: "Kaff"), "where there exists only a church and a baker" ...as even, but only partly mentioned in the strange "expertise"! - II,6 - Judge B. told to applicant's lawyer who instructed the applicant much later, that never before he has had got such an urgent intervention by a Youth Authority... - Too late the father had been informed of the children's wish, and nobody could help them... - Attacked by the applicants lawyer, the JUDGE required then an expertise. f) Nearly 3 years later OLG JUDGES had asked, why they did not fulfil their wishes... - Why were the children not able then to say anything between 30 minutes ??? - See PAS. - For the JUDGES, not skilled psychologists, "a stress situation"! - IV.7b - As to many other parents, they had been before this, the most kind children with no serious problems and even everywhere "good at school"... - see Youth Authority, Expertise...
A N N E X : Children's father had tree subsequent grave accidents, nearly killing him each time: - The father of the mentioned children S. and N. nearly died on 20.04.1994 by a strange embolism. After 16 days of hospitals care union, and a long rehabilitation time he started working. - A grave accident followed with a broken colon vertebral on 23.03.1995. This nearly paralysed him for about 3 more months. On 14.04.1995 he left the hospital - much too soon - only able to move at home with 2 crutches and a big steel corset. Then she quit him. Perhaps this was too much stress for her. - Understandable?! - But not understandable were accusations, that exactly after having left the hospital in the mentioned state, this father was accused that he had thrown away a 20 kg package and had physically aggressed his wife - as to the Judge's protocol: On 15.04.1995. - As slightly provable, the father is no polyp and has even not 4 hands to do such things in such a state, since he strictly needed his two hands for the crutches. - The reasons for such accusations remain obscure (a "good advice" by skilled people?). - It was too easy to convince a foreign judge, knowing nothing of such impossibilities, but abducting the children nearly totally for 3 years... - A doctor meant, that the father should still be glad, that he was not false accused to have abused the children, as quite normal here... - This Child Abduction was practised for nearly 3 years even against the decision of the regional SUPREME COURT OF STUTTGART (OLG), deciding that the children should come to their at that time still injured father at certain weekends and for 2 weeks in vacancies. - The regional SUPREME COURT OF FRANKFORT (OLG) revised that rather good decision on 15.01.1998, meaning that one Supreme Court had revised here a decision of another Supreme Court and even of the always mentioned expert ! - ??? - The Court meant, that the decided visits (in reality there were only 2 visits, confirmed by Youth Authority even to have been "very positive") were not practicable ! - ??? - The children do not know, that their father
had tried a suicide caused by the incredible physiological torture after
the physical pains. This was the third grave "accident".
A BIG TUMOUR, 15 YEARS SLEEPING IN THE HEAD OF THE GRANDFATHER, (CLEARLY ACTIVATED BY SUCH PERMANENT STRESS) HAS BEEN REMOVED NOW IN FREIBURG. - WILL THE 82 YEARS OLD MAN NEVER SEE HIS GRANDCHILDREN AGAIN? A normal psycho-physical effekt in such circumstances, never considered by statistics? --------------------------------------------------------------------------------------------------- Content of PART IV, EXTRACT OF A STRANGE EXPERTISE: ............................ 6. THE FIRST COURTS "EXPERT" DR.K. IGNORED ANY BASIC KNOWLEDGE of
psychology, considering only children "expressing a wish", helping
"the aggressor" by animating children to confirm nonsense, canceling arbitrarily
but not completely successful, the truth.
EXTRACT OF THE EXPERTISE OF DR. K. (see III.6): a) "Daughter S. fears strongly to collide with a desired norm" (!!!) since: - p.42. - Nevertheless, daughter S. stood therein "closest to her father", "at an equal level of fellowship" with her father "in her story"! - p.40. - (S. even cried: She will not live in the Kaff R. = awful village), "...where there exists only a baker and a church!" - p.35. - Only that last part (sometimes the opposite!) was protocolled by the "expert"! - She described someone responsible (in her new surrounding - her interpretation was cut off !) as "dragon, chasing the elephants (the children) away from their site"! - p.40. - She meant "I like him (the father) at most and he likes me at most". - p.61. - Dr. K. confirms: S. still feels herself mostly bound to her father."- p.68. - "As to her own declaration, S. likes her father at most and - even the father called her to be the "papa-child" - p.70. - and: "she must be here, but she will not" - p.43. - "...with clear tendencies of depressions..." - see PAS !!! - p.69. - ...also because of indoctrinated global accusations? b) "Daughter N. put the animals in the order: S., MAMA, PAPA, N., - ...her mama (then corrected by her)...ahead...put out of the family" ! - p.28. - ... "asking her, why she finds herself so near to her father, N. meant, that she likes her father, but she wants to live near to her mother" (such affections to her mother are not mentioned). - p.28. - the "expert" did not take in account even N.'s "high dependency of adults": - "N. has a T-value of 57; only 25% of comparable children are more depending by adults" (and adults intentions at R. ?). - Bought by many things, horses, dogs, not allowed 3 month of vacancies, etc., "the daughter became her mother... a total identification with her mother"! - p.31. - "N... with a considerable demand of harmony" - p.71. - Dr. K. was visibly not at all informed about the awful beggar-situations of a nearly paralysed father being accused to have beaten her, but exactly at the mentioned time (15.04.1995) of awful accusations, and certainly not made by the mother... - WHY? That "expert" had "considered, that N. (by more and more wild accusations!) more and more... claimed her own meaning (or transported lies - PAS?), whilst S. (ashamed?) more and more got a kind of breakdown, totally hiding behind her hairs." - p.50! HIS "NORMAL" RESULT on p.77 (as already criticised by Prof.KLENNER and even by THE LORD CHANCELLOR): "...the wish of children is the most important criteria of the wealth of the child. Other criteria, as the ability of the parents to raise and to educate children are less important." ??? ??? ??? - Well, but what, if children wish drugs or if they no more wish
to go to school or if they no more wish to obey Authorities or such stupid
ideas or even the German Law?
--------------------------------------------------------------------------------------------------- Violated Human Rights Articles: U N P E T I T I O N , V
EVERY RESPONSIBLE WOMAN OR MAN IN THIS WHOLE WORLD, HAVING GOT ANY COMPETENCE TO DO SOMETHING, SHOULD BE AWARE WHAT HAPPENS, IF NOBODY CARES ABOUT HUMAN RIGHTS UNTIL THE HIGHEST INSTANCES, AS HERE! THE HUMAN RIGHTS ensure in an UNIVERSAL
DECLARATION,
a) ...that each State as well as parts of the States or unions of the States has to confirm the rights, especially - FREEDOM OF FEAR, and - his INDIVIDUAL ECONOMIC, SOCIAL and CULTURAL RIGHTS, - see HUMAN RIGHTS PREAMBLE. b) BUT: All over the whole world, especially within EUROPE, any parent must have serious fear of CHILD ABDUCTION, according to psychologists one of the most serious torture humanity knows: c) One parent suddenly deciding to live alone, being or becoming a citizen of GERMANY, takes common children away to any location in GERMANY, separates them from the other parent - by a JUDGE! - See: Accusation by the LORD CHANCELLOR, - and new COMMON DECLARATION of AVIGNON (F+D!), - and brand-new BRUSSELS II TREATY. d) Thereby German Authorities andJjudges separate children by one or even both parents. - Incredible? Proved by 1d) and by the known "WILDWASSER-SCANDAL"(1i), LANDGERICHT MAINZ and WORMS: - According to MATUSSEK (1d) 13 children are still arbitrarily separated, even against a valid decision of this German Justice Court! - Nobody here is able to eliminate such cruelties! - ? - As described in mentioned document, the applicants suffer by Authorities and Judges supporting to falsify truth, inventing anything, ignoring claims, proofs, avoiding correct protocols. - and: HONOUR and REPUTATION. e) Some people helps spontaneously to bring back abducted children as soon as possible to the site, where they lived before (e.g. Mr. OTTO BRANDNER, 74363 GÜGLINGEN), because in the usual cases the competent Authorities and Judges of Germany do nothing until facts have become more and more irreversible for the children! - See some DECISIONS OF EUROPEAN COURT, valuable for Germany as well:
- EUROPEAN COURT was seeing a SCALE OF WEIGHT increasing more and more, finally irreversible, against one of both parents if no competent cares. - As to EU HUMAN RIGHTS PREAMBLE a kind of self defense is allowed against corrupted Authorities (but against German Law), if Courts, lawyers and Authorities do not fulfil International Rights at all, as even mentioned (inter)national specialists have confirmed. ARTICLE 2 ENSURES: 3b) ...that any person claiming such a remedy shall have the right thereto determined by competent judicial, administrative or legislative authorities or by any other competent authority provided for by the legal system of the State and to develop the possibilities of judicial remedy; - Lawyers and authorities do not care about HUMAN RIGHTS. 3c) That each State Party undertakes to "...ensure, that the competent authorities shall enforce such remedies, when granted. - Declaring themselves incompetent and claims inadmissible? ARTICLE 3 ENSURES: "The State Parties to the present Covenant undertake (all) to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant." - The applicant complaints: nearly all illegal measures still go on! - EQUAL LAW has to support CHILD ABDUCTION everywhere! Between GERMANY and TURKEY, FRANCE and GERMANY, KEHL and STRASBOURG, "Free State BAVARIA" and another STATE within GERMANY. - TURKEY: See case of REBECCA SARUHAN, Karl-Theodorstr.5, 22765 Hamburg! - As to PROTECTION OF HONOUR, EUROPEAN RIGHTS give no remedies.
- Already before its decision, the applicant had proved another VIOLATION OF HUMAN RIGHTS OF THE COUNCIL, a consistent pattern, since the EU acts as mentioned by the specialists, here in the - case "ERIKSSON vs. SWEDEN" (cited by JÖRG POLAKIEWICZ in KINDSCHAFTSRECHT UND VÖLKERRECHT, see 1a, p.88f.) - where the EU COUNCIL has injured directly the former decision of the EUROPEAN COURT in the same case ERIKSSON to give, there the mother, "visiting rights" of her children. SWEDEN suddenly pretended that the child would not wish such visits, 22.6.1989, EU Series A, Nr.156, §58, ERIKSSON vs. SWEDEN - directly against this EU COURTS decision the EU COMMISSION decided then for the State and against the natural right of the mother, in E 16702/90 ERIKSSON vs. SWEDEN (16.1.1992!) a n d - Against well known psychologists (1c, GARDNER,USA) the COMMISSION thus supports consistently PAS, instead of protecting children from it !!! b) This has become a "consistent pattern of gross and reliably attested violations of human rights" according to resolution 1503 is already claimed in G / SO 215 / 51 GERM GEN (1h). ARTICLE 5 OF HUMAN RIGHTS ENSURES: 1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognised herein or at their limitation to a greater extent than is provided for in the present Covenant. 2. There shall be no restriction upon or derogation from any of the fundamental human rights recognised or existing in any State Party to present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognise such rights or that it recognise them to a lesser extent. - The HUMAN RIGHTS are some kind of a MINIMUM! ARTICLE 7 ENSURES: No one shall be subjected to torture
or cruel, inhuman or degrading treatment... -
- See especially UN Doc. HRI/GEN/1/Rev.1, S.30, ratified by the States of the EUROPEAN UNION and also valid for the EU COUNCIL: "during marriage, the spouses should have equal rights and responsibilities in the family. This equality extends to all matters arising from their relationship, such as choice of residence, running of the household, education of their children and administration of assets. Such equality continues to be applicable to arrangements regarding legal separation or dissolution of the marriage. Thus a discriminatory treatment in regard to the grounds and procedures for separation or divorce, child custody, maintenance or alimony, visiting rights or the loss or recovery of parental authority must be prohibited, bearing in mind the paramount interest of the children in this connection". COMMENT: - Who shall prohibit this in Germany, if German Jurists do not obey Human Rights? ARTICLE 9 ENSURES: Everyone has the right to liberty and security of his person... In Germany the crime of consistent Child Abduction is "normal". German Authorities claim the "Independence of their Judges"! ARTICLE 14 ENSURES: All persons shall be equal before the Courts andTtribunals, "a discriminatory treatment ... must be prohibited..." (!!!), - Germany does not care without international pressure, as shown! - ref. citations under article 7 ARTICLE 16 ENSURES: Everyone has the right to recognition everywhere as a person before the law. - Not as a kind of animal, a stupid cow or bull as more and more practiced! - What, if no Authority cares about, even the EUROPEAN COUNCIL? ARTICLE 17 ENSURES: - ref. citations under article 7, 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. - Nobody stops arbitrary unlawful interference with his family. - EUROPEAN HUMAN RIGHTS do not match one fundamental complaint: - This has become one main complaint, resulting in defamation campaigns instead of fair procedures at the Courts, searching for truth, a general fault in Germany, as all above mentioned documents have proved. 2. Everyone has the right to the protection of the law against such interference or attacks. - What if nobody cares hardly provable violations within NON PUBLIC, CLOSED SESSIONS? - What, if victims are unable therefore to prove violations of Judges and Authorities before any inter(national) committee? ARTICLE 23 ENSURES: 1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. - Lawyers in Germany make incredible profit (15 billion DM!?) by systematically destroying families. Instead of obeying HUMAN RIGHTS, helping to mediate (PAS), Authorities and Judges produce from each crisis of families a disaster for children and parents, whenever involved! - ref. citations under article 7. 4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children. - ref. citations under article 7. B U T : - As further mentioned in TIMES ARTICLE even LORD CHANCELLORS DEPARTMENT accused GERMAN COURTS (!!!) of hiding behind legal techniques which allowed countries to override the obligation to repatriate a child (!!!) if he or she would be "in danger" if returned, or the child was "mature enough to express a wish". - Ministers plan to condemn the conduct of GERMANY... - "All of us feel compassion for the children caught up in abducted cases. The HAGUE CONVENTION has been a reasonable success. Now we are seeking to improve the workings." - The mentioned illegal practices of GERMAN COURTS are only a few of "normal" practices in GERMANY, destroying systematically families! - A growing kind of State terrorism must be prevented. ARTICLE 24 ENSURES IMPLICITLY ALREADY THE C R C : - but the EU COUNCIL enforces PAS of children (case ERIKSSON). 1. Every child shall have... the right of such measures of protection as are required as his status as minor... - Here Children are handled like suitcases, psychologically abused and tortured by one parent and/or Authorities, very seriously injured (1c: PAS). - Against article 7 of HUMAN RIGHTS. ARTICLE 26 ENSURES: 1. All persons are equal before the law and are entitled without discrimination to the protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and EFFECTIVE PROTECTION (!!!) against discrimination on any ground... - What if no competent (Court) cares here? a) Above documents, LORD CHANCELLOR and MINISTÈRE DE JUSTICE and as a first step the DECLARATION OF AVIGNON shows, German Judges do (help to) rob children by pure might! Nobody here, incl. EUROPEAN COUNCIL, does anything to repatriate those children, except if one (Muslim, man or woman) robs children bringing them to TURKEY or SUDAN, e.g. - A quite clear discrimination of German children (and cases) according to international cases. b) The arbitrarily violations in NON PUBLIC AFFAIRS concerning the rights of the children and their parent(s), involve nearly all imaginable psychological and financial cruelties: According to MAFIA JARGON, child abduction means to "cut the roots of men". - Against article 7 of HUMAN RIGHTS. c) Children and their parents become therefore (physiologically) often tremendously ill, unable to sleep, with serious secondary consequences, e.g.: unable to act normally, destroying even good characters, making some people aggressive, other willingness, depending of alcohol, drugs, etc. No competent cares, until now! 2. As to ARTICLE 86 OF UN-PROCEDURES, the applicant claims this
by the UNITED NATIONS: An urgent help for his and other children and parents.
German Constitutional Court and the EU and all competent Authorities, do
nothing, perhaps having no instrumentality of remedies against undisciplined
Authorities and "free" judges, too often arbitrarily doing what they want
to do here. The applicant claims beside this, that the EUROPEAN COURT must
be involved.
R E P E A T E D R E Q U E S T , D I S C R I M I N A T I O N , E U - C L A I M S (Part I) A C C U S A T I O N V E R S U S E U R O P
E A N C O U N C I L A N D
A) The EUROPEAN COUNCIL (EU) rejected individual claims of the applicant. At same time the EU accorded exactly his claim between States, in regard to procedures for separation (filed 19.6.1998 by GERMAN JUSTIZMINISTER, Ministry of Justice, Engl. version exists!) in the so called BRUSSELS II TREATY of 28.5.1998 see: I.1a B-II) - according to ARTICLE 47, even by EU CONSTITUTIONAL LAW (!!!); - according to ARTICLE 2, that COURTS have to decide in that State "where both spouses lived before"! - Any applicant cannot involve another COURT before at least 6 months; - according to ARTICLE 4, the State Parties have to obey the CONVENTION OF THE HAGUE against CHILD ABDUCTION: - CHILDREN MUST IMMEDIATELY BE BROUGHT BACK TO THE SITE WHERE THEY LIVED BEFORE! - See also: DECLARATION OF AVIGNON! (I.1b B-II) B) This EU CONSTITUTION contains exactly,
what the applicant ever demanded, but all is only valid between States!
A very serious "discriminatory treatment"
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| Autor: Waldemar Kehler Datum 06.07.1998 Mail: Waldemar Kehler |
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