z. Hd. Justizminister Maas
Mohrenstraße 37
10117 Berlin
München, Dec 9, 2015
Dear Justice Minister Maas,
My name is ....., I just turned xx years of age and I am half Asian, attend a secondary school FOS in Munich and am being hindered in that in every possible way by your country's government agency Jobcenter Munich and the Munich court.
I need your help! (1)
I am writing to you, because this October I was supposed to be granted the very special privilege of being body searched by armed police forces in our home. Fortunately, I had already left for school. Upon my return my father informed me that all our IT equipment had been confiscated. One computer had been confiscated in 2013. They obviously also intended to seize my smart phone and thus making me a social outcast.
My father writes a critical blog (http://meinjobcenter.blogspot.com/) about the local Jobcenter Munich based on his very bad experience with it. This aroused the anger of said agency and we are being harassed by continuous charges of this agency with the intention to financially ruin us and get the blog deleted. In August 2012 the Jobcenter demanded the take down of a blog post or pay a fine of € 10,000 (ten thousand)! The Munich prosecutor refused to press charges against the Jobcenter CEO when my father filed a case for extortion. All charges against us are a blatant infringement of the right to free expression. The Munich court is eagerly helping in this and rejects all our complaints against staff of the Jobcenter Munich. On Dec. 2 my request to disclose the name of the complainants was also refused by prosecutor Peter Preuss.
The business of my father has been severely compromised by the Jobcenter.
In September 2015 we filed a constitutional complaint and we hope it will be accepted by the Constitutional Court. It cost us € 650 to defend us against heinous charges of the Jobcenter. If the complaint is not accepted, we intend to call on the European Human Rights Court. With the latest confiscation we have incurred a total financial loss of more than € 6,000 excluding the fines stipulated against my father by the court in Munich and his losses in business.
In this latest case, when all our computer equipment was confiscated and I was to be body-searched (one of the cops was female!), I intend to file a constitutional complaint. I am shocked to the core about the conduct of courts in your country and I am frightened about my security in this country.
I am also surprised what kind of lawyers you have in this country. The ones we met showed a lack of interest, but took money. Accepted a case, although they had no knowledge about the subject. Sat in the court room and either said nothing, or partially agreed to the charges. Send the appeals verdict without proper address to my father so that he gets is two weeks later! It all looks like the Jobcenter is outside any accountability. Here is a quote from August 2015 from a lawyer which attests to that:
"Von den beabsichtigten Straf(?)-Verfahren gegen den JC - GF rate ich ab, gerade dann, wenn es auch noch Geld kosten wird. Ich denke nicht, dass Sie einen Richter finden, der die beiden "Amtsträger" verurteilen wird."
"I would discourage from filing a suit against the Jobcenter - CEO, even more so as it costs money. I do not think you will find a judge who will sentence the government agency or its CEO."By confiscating our router we were to be made outcasts of society. It was and is intended to make it completely impossible for us to defend ourselves.
I hear Germany wants to integrate the refugees who are looking for safety and economical well-being in Germany? With all due respect, that can not be taken seriously. Integration of foreign people or, as you call them, 'migrants' (I am one) even after they have been living for years in Germany is not what Germany is about and that assessment is based on my personal experience and that of friends. You look different and people have that strange gaze or make strange remarks in subways, in busses, in public places. I am glad these refugees are finally safe and at the same time I feel so sorry for them, because I know what is waiting for them. If I could give them one advice it would be, leave Germany immediately. Go to Denmark, Sweden, or Norway. You are not liked here.
I have experienced people of your country's government agencies such as the notorious Jobcenter as malicious, ill-willing, deceiving, lying and brutal to the utmost. Whenever there was a chance to put stumbling blocks in my way, they were there and gleefully at that.
Your country's Jobcenter is so primitive that it asks me if I would need private lessons and wanted to see my mid-term results. The Jobcenter has never seen me, knows nothing about me and never cared, does not it even pay for school transportation and now they offered me private lessons, because as a migrant I am of course stupid. It was a covered attempt to get me out of school and into a low-paying job. My father writes about this on his blog with a fitting quote and picture of Himmler, the Jobcenter complained with police and in the first court hearing the prosecutor demands five months prison!
Because of the Jobcenter we had to call on the Constitutional Court. It all costs our money and that is how you destroy people. We have meanwhile set up a fundraiser at Funded Justice from the USA in order to afford a lawyer.
Could you explain to me why German news websites and German TV are constantly showing images of the Nazi time, images of Hitler, Goring and others with swastika, why TV is showing documentaries about that time weekly several times without any complaint by a court, yet when my fathers shows images of NS people in a certain context he is immediately prosecuted? Does Germany have different rights to free speech? Bloggers have the same rights as newspapers and the media in general!
To give you one example: in his submitted written appeals with the court of Munich my father pointed among others to the movie 'The Rise of Evil' aired prime time on RTL in April 2015. This movie is known for historical falsifications and for example the US state of Texas refused to show it on TV for exactly that reason. My father received the following unbelievable reprimand by Munich chief prosecutor Hummer. It reads as follows:
"Im Übrigen verbieten sich Vergleiche zwischen der Tat des Angeklagten einerseits und Presse-bzw. Fernsehinhalten andererseits, da letztere regelmässig der staatsbürgerlichen Aufklärung, der Berichterstattung über Vorgänge des Zeitgeschehens oder der Geschichte dienen und daher gem. § 86 Abs. 3 i.V.m. § 86 a Abs. 3 STGB vom Straftatbestand ausgenommen sind. Dass das Handeln des Angeklagten hingegen nicht unter diese Ausnahmebestimmung fällt, hat das Berufungsgericht ausführlich und ohne Rechtsfehler dargelegt (UA S. 7)."
"Apart from that, comparisons between the acts of the accused on the one hand and press and TV-coverage on the other hand are out of the question, because the latter regularly serve as political information, report on events of current affairs or history and therefore are according to § 86 no. 3 in conjunction with § 86 a no. 3 Penal Code exempted from the offense. The actions of the defendant, however, do not fall under that exception as the Court of Appeal has set out in detail and without any error of law (UA p.7)."
If this is not biased, then I do not know what is. I can not believe that such a person is employed at a court in a democratic country. If that is his opinion, if he forbids criticism of clear historical falsifications of events of the NS era widely aired on German TV, then there can be no place for such a person in any public office in my opinion.
If someone has a different opinion or writes about the actions of your Jobcenters, then the authorities are ready to prevent this with all available force. I was witness and heard how judge Bassler of the LG Munich lied and interrupted my father when he wanted to give clear evidence on how widespread and persistent images of NS leaders shown with swastikas are published in the German media and on German TV. Lied about a Spiegel article on Greece. I was witness when she omitted facts when police was called and asked if a blog post is still online. Judge Bassler did this in order to influence the jurymen. Your courts want to see no critique about Jobcenters. Jobcenters, that guarantee a life in poverty. The court I experienced was a more like a kangaroo court. It had nothing to do with justice.
Three emails sent to the labor minister Nahles went without any reply. However, we were asked for our postal address! Germany is a strange country. You do not have free speech!
The unrelenting charges filed against us have nothing to do with justice, they are plain and simple chicanery and revenge. Everything is done to crush us and silence us.
I am from Asia and I can honestly tell you, people are friendly and courteous there. We do not backstab people. I wish I could say the same about German people here.
You are a pretty busy person and I do not want to bother you any longer, but I would like to tell you this: I have no intention of staying in Germany. My father has contacted a lawyer in the USA for representation in asylum proceedings for me. It is a longer process but worth it.
Thank you and wishing you all the best,
_________
(1) English version (for chronological documentation and presentation at the USCIS.gov)
We have absolutely no doubt that in this latest incident the instigator was yet again the Jobcenter Munich who together with the court of Munich want the blog to be purged and us financially ruined. We have absolutely no trust in Bavarian courts.
My father has meanwhile contacted a US lawyer to apply for asylum for me in the USA. My safety in Germany is not guaranteed anymore. We have to show that the government of Germany is persecuting me because of my race, nationality, religion, membership in a special group or political opinion. We would also need to have plenty of supporting evidence and show that the courts are ignoring our pleas for assistance.
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