2nd constitutional complaint with the Constitutional Court of Germany in Sept. 2015
Again after the criminal and racist German government agency Jobcenter Munich with the eager help of junior CEO Jürgen Sonneck filed a charge against me with Munich police and the notorious Munich Court, well-known for Neonazi affinities, followed with glee.
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You might want to reconsider this notion.
Article 5 of Germany's Basic Law curtailed by the Constitutional Court of Germany. (1)
Based on the letter dated April 21, 2015 from the Constitutional Court in response to my Constitutional Complaint dated April 11, 2015 (PDF in German below) it appears the German Constitutional Court deems certain pictures with nazi swastikas as protected by free speech and article 86 section 3 STGB. Others not so.
These images in the German media on the occasion of the demonstrations in Athens in 2012 against the austerity measures of the troika brought against Greece under the leadership of Germany are protected by free speech:
These images in the German media on the occasion of the demonstrations in Athens in 2012 against the austerity measures of the troika brought against Greece under the leadership of Germany are protected by free speech:
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| Merkel-Nazi (Fine with German Constitutional Court) 1 |
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| Merkel-Nazi (Fine with German Constitutional Court) 2 |
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| Merkel-Nazi (Fine with German Constitutional Court) 3 |
The view of the Constitutional Court of Germany is different when it comes to the image below!
The publication of this image was prosecuted by the Munich court and led to the confiscation of my computer for the duration of 25 months. (1) The criminal complaint came from the German government agency Jobcenter Munich, a government agency responsible for unemployment and welfare benefits, and managed by a certain Ms Martina Musati who months before tried to blackmail me to delete a blogpost, or face a penalty of € 10,000.00 (ten thousand). The Munich court refused to prosecute her!
According to the letter below the Constitutional Court sees no violation of my right to free speech when I was convicted by the Munich court.
This image is NOT PROTECTED by the Right to Free Speech in Germany !
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| Merkel-Nazi (NOT OK for German Constitutional Court) . . . . . . . . . . . . |
My constitutional complaint
The letter from the Constitutional Court in response
Page 1 covers missing the statutory response deadline. That was due to the stupidity of my court appointed lawyer who forgot (?) to fill in city and ZIP code in the address. (2)
The Court on page 2: "A case is needed from which a sufficiently clear possibility of a breach of fundamental rights or similar rights to fundamental rights follows."
The Constitutional Court pushes it up a notch when it suggests at the end of the letter:
"You are asked to verify your legal opinion." (see page 2 bottom) (3)
With all due respect, German Constitutional Court, I feel unable to do so. Maybe I am just too libertarian?
Showed the images my daughter who just shook her head in disbelief. (4)
However, the reason behind the response appears to be a simple one:
Germany needs cheap workers. That is what Hartz IV and the Jobcenters are all about. So shut up and get in line.
_______________________
(1) It is with me now but I first need to get it checked for any malware, trojans and what do I know installed by some German authorities.
(2) I could file a complaint based on § 93 Absatz 2 Satz 6 Bundesverfassungsgerichtsgeset
(3) Only about 2.5% of constitutional complaints are successful. However, it is difficult to believe that 97% are bogus or otherwise lacking any credibility.
(4) She was never into Germany and plans with all my help to leave this country.
My daughter is being hindered by this nefarious, criminal and racist government agency in every conceivable way to finish her high-school diploma. In all this, the Munich court shows again its blatant disregard for basic human rights established in the basic law of Germany.
The Jobcenter Munich filed a criminal charge against me for posting the famous Merkel-Nazi image showing her with a swastika on my blog on the occasion of the Athens demonstrations in 2012. A picture that has been published by all major media companies in Germany without any legal charge being incurred.
The Munich court happily went along and decreed ALL our IT equipment to be confiscated. Me and my daughter were to be deprived of all access to the internet.
After I finally lost my case due to a court-appointed lawyer who displayed an utter and complete neglect and in addition her late mailing of the verdict on purpose, I filed a constitutional complaint nevertheless.
The response from your office left me and my daughter in absolute surprise. It is completely incomprehensible to us how an image that has been displayed by all major media companies in Germany is deemed a crime when a blogger displays it.
Me and my daughter are lost for words when your office suggested in the response to my constitutional complaint with file # AR 2305/15 and dated April 21, 2015:
We consider this advise to be alarming and highly questionable. With due respect, as a liberalist I intend to stay with my legal opinion!
Since the Jobcenter Munich engaged in yet another assault on our right to free speech and press censorship in May 2014 when it filed another criminal charge against me for posting a Himmler image with swastika in a blogpost, dealing with the heinous attempt of a Jobcenter staff to illegally demand to see my daughter's mid-term marks sheet, expressing in the same communication his doubt of her passing the school year and in a typical display of this racist government agency's conduct in having the indecency of suggesting she might need additional private lessons without ever having seen her, let alone know her.
The letter from the Constitutional Court in response
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| BVG zur Meinungsfreiheit, S. 1 |
The Court on page 2: "A case is needed from which a sufficiently clear possibility of a breach of fundamental rights or similar rights to fundamental rights follows."
 |
| BVG zur Meinungsfreiheit, S. 2 |
"You are asked to verify your legal opinion." (see page 2 bottom) (3)
With all due respect, German Constitutional Court, I feel unable to do so. Maybe I am just too libertarian?
Showed the images my daughter who just shook her head in disbelief. (4)
However, the reason behind the response appears to be a simple one:
Germany needs cheap workers. That is what Hartz IV and the Jobcenters are all about. So shut up and get in line.
_______________________
(1) It is with me now but I first need to get it checked for any malware, trojans and what do I know installed by some German authorities.
(2) I could file a complaint based on § 93 Absatz 2 Satz 6 Bundesverfassungsgerichtsgeset
(3) Only about 2.5% of constitutional complaints are successful. However, it is difficult to believe that 97% are bogus or otherwise lacking any credibility.
(4) She was never into Germany and plans with all my help to leave this country.
===============================
OPEN LETTER TO PRES. OF THE CONSTITUTIONAL COURT OF GERMANY
Bundesverfassungsgericht
- Prof. Dr. Andreas Vosskuhle -
Schloßbezirk 3
76131 Karlsruhe
Dear Mr Vosskuhle,
- Prof. Dr. Andreas Vosskuhle -
Schloßbezirk 3
76131 Karlsruhe
Dear Mr Vosskuhle,
My daughter and I, her father, would like to call on you. We are writing in English, so that a wider audience can be reached. Please allow us to first introduce ourselves briefly. I've lived a long time in South Asia, my home, and my now 19-year-old daughter has been born there by her Asian mother. So according to the rather crude German nomenclature, surprisingly coined by the Federal Statistical Office, she counts as a 'migrant'. Segregating people has always been a historically proven domain of the Germans.
In all those years in Asia we have been living peacefully among Hindu, Muslim, Buddhists and people of other beliefs. Nobody took exception to our clothing or looks. Strangely though, on coming to Germany we did not experience that 'Arcadia' feeling a famous German poet had back then. We are absolutely lost for words, in the literal sense, how a subject like a headscarf can get a people so agitated and become a matter of the highest court.
Allow us to come to the point. We are being terrorized by the government agency Jobcenter Munich. Terrorized by infringing on our right to free speech, freedom of press culminating in frivolous law suits including computer confiscation and blackmail by demanding the takedown of a blogpost or face a penalty payment of € 10,000.00 (ten thousand).
All this with the implicit intent of our total financial ruin because I write a critical blog about Hartz IV, a neo-liberal economic regime that is indirectly responsible for all that ails the eurozone: high unemployment in general, extremely high unemployment among the youth and thus wrecking the future of these people, crippling economies in the southern states, high suicide rates in Greece, a country that Germany is hell-bent on destroying. Yet again Germany is true to its history, bringing poverty and destruction upon the European countries via a low-wage war.
In all those years in Asia we have been living peacefully among Hindu, Muslim, Buddhists and people of other beliefs. Nobody took exception to our clothing or looks. Strangely though, on coming to Germany we did not experience that 'Arcadia' feeling a famous German poet had back then. We are absolutely lost for words, in the literal sense, how a subject like a headscarf can get a people so agitated and become a matter of the highest court.
Allow us to come to the point. We are being terrorized by the government agency Jobcenter Munich. Terrorized by infringing on our right to free speech, freedom of press culminating in frivolous law suits including computer confiscation and blackmail by demanding the takedown of a blogpost or face a penalty payment of € 10,000.00 (ten thousand).
All this with the implicit intent of our total financial ruin because I write a critical blog about Hartz IV, a neo-liberal economic regime that is indirectly responsible for all that ails the eurozone: high unemployment in general, extremely high unemployment among the youth and thus wrecking the future of these people, crippling economies in the southern states, high suicide rates in Greece, a country that Germany is hell-bent on destroying. Yet again Germany is true to its history, bringing poverty and destruction upon the European countries via a low-wage war.
My daughter is being hindered by this nefarious, criminal and racist government agency in every conceivable way to finish her high-school diploma. In all this, the Munich court shows again its blatant disregard for basic human rights established in the basic law of Germany.
The Jobcenter Munich filed a criminal charge against me for posting the famous Merkel-Nazi image showing her with a swastika on my blog on the occasion of the Athens demonstrations in 2012. A picture that has been published by all major media companies in Germany without any legal charge being incurred.
The Munich court happily went along and decreed ALL our IT equipment to be confiscated. Me and my daughter were to be deprived of all access to the internet.
After I finally lost my case due to a court-appointed lawyer who displayed an utter and complete neglect and in addition her late mailing of the verdict on purpose, I filed a constitutional complaint nevertheless.
The response from your office left me and my daughter in absolute surprise. It is completely incomprehensible to us how an image that has been displayed by all major media companies in Germany is deemed a crime when a blogger displays it.
Me and my daughter are lost for words when your office suggested in the response to my constitutional complaint with file # AR 2305/15 and dated April 21, 2015:
"You are asked to verify your legal opinion."
We consider this advise to be alarming and highly questionable. With due respect, as a liberalist I intend to stay with my legal opinion!
Since the Jobcenter Munich engaged in yet another assault on our right to free speech and press censorship in May 2014 when it filed another criminal charge against me for posting a Himmler image with swastika in a blogpost, dealing with the heinous attempt of a Jobcenter staff to illegally demand to see my daughter's mid-term marks sheet, expressing in the same communication his doubt of her passing the school year and in a typical display of this racist government agency's conduct in having the indecency of suggesting she might need additional private lessons without ever having seen her, let alone know her.
Not content with this, this person suggested his help to sign up with the jobs portal of the Federal Employment Agency when my daughter had still a minimum of one and a half years to go in school. The Himmler image was shown together with a very pertinent quote of this Nazi about schooling for kids. Yet again, the Munich court of Bavaria, a court that in full knowledge counted a Neo-Nazi among its judges for a year in 2013/14 until this was disclosed by the local newspaper, went happily along.
This despite the fact that NS pictures with swastikas are displayed in German media galore and German TV just loves to show NS documentaries every week and in a latently glorifying way. The first verdict was for 5 months prison on probation of three years. This was reduced this May to a fine of € 1,400.00. It is apparent, critical bloggers need to be wiped out in Germany.
Let us conclude by saying that I feel unsafe about the well-being of my daughter in Germany. We are now actively pursuing to apply for asylum for my daughter overseas.
When government agencies engage in undemocratic conduct, use coercion based on the severest financial pressure, break laws on a continuous basis and are being protected in this by one of Germany's most questionable courts, when German ministries show an utter disregard in all this, then the citizenship of this country is not desirable anymore. My daughter will never call Germany her home.
sincerely,
(signed)
Me & my daughter
This despite the fact that NS pictures with swastikas are displayed in German media galore and German TV just loves to show NS documentaries every week and in a latently glorifying way. The first verdict was for 5 months prison on probation of three years. This was reduced this May to a fine of € 1,400.00. It is apparent, critical bloggers need to be wiped out in Germany.
Let us conclude by saying that I feel unsafe about the well-being of my daughter in Germany. We are now actively pursuing to apply for asylum for my daughter overseas.
When government agencies engage in undemocratic conduct, use coercion based on the severest financial pressure, break laws on a continuous basis and are being protected in this by one of Germany's most questionable courts, when German ministries show an utter disregard in all this, then the citizenship of this country is not desirable anymore. My daughter will never call Germany her home.
sincerely,
(signed)
Me & my daughter
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