Offener Brief an die Judikative: OpenLetter2ConstitutionalCourtGermanyEn

Abe Treiner * Leopoldstraße 124 * D-80802 München
Bundesverfassungsgericht Postfach 1771 76006 Karlsruhe
		München, 14. Juni 2015

`Open-Letter to`

`Constitutional Court of Germany`

Dear Mr Gaier,

Dear Mrs König,

Dear Mr Paulus,

Dear Mr Landau,

Dear Mrs Kessal-Wulf,

Dear Mr Schluckebier,

Dear readers and recipients listed in the attachment,

Dear President of the Federal Republic of Germany,

in this country we arrogate to call for rule of law in other countries, when we receive knowledge of occurrences, which we consider to be incompatible with our moral concepts. These, our superciliousness can only be maintained by us if we fully complying our constitutional obligations and ensuring that common occurrences in this country which also disregarding the rule of law, will be transferred to an essentially lawful inspection.

The fully compliance with this constitutional principle was bequeathed us by the writers of the constitutional law as obligatory duty after the experiences of the system of injustice. This means that for judicial authorities and in particular for the ultima ratio instance of the Constitutional Court a compulsion to act exists if faults in the legal system are detected, which has to be transferred to a public clarification and future prevention in order to avoid a repetition of our history. The violation of these principle have been resulted to the monstrous occurrences of our history. This awareness must determine our ethical and moral standards.

As well the disregarding of these principle of the rule of law shows today again the consequences which making the reconstruction of a system of injustice not unrealistic. As examples should be mentioned the abuses of police violence, the recognizable entanglement of judicial and executive authorities within NSU³ activities and the recent occurrences of inhuman treatment of asylum-seeker³⁴ by policemen which seems to cover occurrences from concentration camps with a similar dimension of inhuman treatment.

Nearly 15000 abuse cases of police violence has been identified in the period from 2009 to 2011 by respectable institutions, such as Süddeutsche Zeitung and Amnesty International. Extrapolated until today, nearly 50000 cases must be considered in its whole extent. Such increasing can't be no longer determined as regrettable isolated cases.

3 NSU-Morde

34 Exzesse Bundespolizei

⁷ ¹⁰ ¹⁶ ²⁵ ²⁶

7 Michael Siegel

10 Volksgerichtshof

16 People's Court Germany

25 Bundesarchiv Bild 151-39-23 Volksgerichtshof

26 Bundesarchiv Bild183-R99542 Judenverfolgung, Michael Siegel

In my constitutional complaint underlying proceedings, was the failure of the courts of lower instances and involved judicial and executive authorities recognized by the judge Mrs Ehrl of the District Court of Munich clearly and unequivocally addressed. The judge Mrs Ehrl identified not only a disregarding for the law principle 'no punishment without crime' but addressed also the abusive usage of mechanisms which let undoubtedly detect associations with the 'Treachery Act'¹² ¹⁴ of system of injustice. The judge Mrs Ehrl was almost appalled that such mechanisms will be considered again by unreflected practice from judicial and executive authorities regarding its burdened history. If this doesn't cause a need for reconnaissance and disposal of this system error (identified within our legal system) then there will be no doubt that we are already standing on a one-way street to a system of injustice, which may have reached already an irreversible stage. The constitutional lawmakers have stated for such a constellation explicitly section 20 subsection 4 GG and thus unequivocally committed to perceive our and specially the Constitutional Court's responsibility. This perception of our responsibility committed us more than ever, if courts acting seemingly by constitutional rituals trying to convey an image of rule of law. The criterion for the classification of a system of justice or a system of injustice can only be based on a binding implementation and enforceability of core constitutional regulations. The guiding principle of the constitutional lawmakers was without a doubt to become manifest a compulsion of acting to the Constitutional Court, whenever the potential of a re-establishment of an injustice system may not be disqualified by acts from judicial and executive authorities essentially. A perception of this responsibility by the Constitutional Court definitely cannot be abandoned, because the scientific historical research has identified the unreflected acting of judicial and executive authorities as significant cause of all injustice systems established on German territory.

12 Treachery Act of 1934

14 Heimtückegesetz

Everywhere in the world a prevented justiciability of legal faults caused by judicial or executive authorities will be regarded as characteristics of a system of injustice. These by the Constitutional Court ignored constitutional standards shows unfortunately until today those mechanisms of reluctance of the German legal system to taking over responsibility towards their own burdened history, substantiated by the philosopher Hannah Arendt⁸ ⁹ and the jurist Fritz Bauer¹ ². This refusal of acceptance of responsibility by judicial and executive authorities and their disregard of binding constitutional terms bequeath the impression of a mockery of the victims of the system of injustice as it conveys a hopelessness to proceed effectively against a re-establishment of a system of injustice. The refusal of accepting of verifiability of legal faults caused by judicial and executive authorities conveys an impression that the Constitutional Court would consider similar occurrences within the system of injustice as legitimated, only misinterpreted procedures which are consistent with the constitution. This is intolerable and shows once again the arrogant self-righteousness of German Jurists, which once were paraded within show trial by judges in the system of injustice before the eyes of the people of the world. The people of the World had once identified the practice of prevention of legal hearings for victims as core characterization of an injustice system. If the Constitutional Court applying today the same approach, then it still shows the since 70 years lasting sustained missing ability of reflecting their own behavior which will not be whitewashed by performances with red flowing robes.

8 Hannah Arendt

9 Hannah Arendt

1 Fritz Bauer

2 Fritz Bauer

¹⁵ ¹⁸ ¹⁹ ²⁰ ²¹ ²² ²³ ²⁴

15 Bundesverfassungsgericht

18 Federal Constitutional Court of Germany

19 Portrait Gaier

20 Portrait Paulus

21 Portrait Schluckebier

22 Portrait Kessal-Wulf

23 Portrait König

24 Portrait Landau

As I'm seeing myself confronted with inappropriate actions from executive authorities with this matter repeatedly, I may prompt the Constitutional Court to prevent the re-establishment of a system on injustice by discharging its responsibility. Therefore I'm requesting the Constitutional Court to accept the constitutionally mandatory claim for clarification and reviewing of the legal fault by verifying the matter against the conformity with constitutional core terms. The initiators of the constitutional rules had the expectations that the Constitutional Court should be committed of the compliance with the constitutional core terms and not to comparatively lapidary topics such as the 'headscarf ban for teachers in public schools'. If judicial and executive authorities especially the last instance of the Constitutional Court not perceiving their responsibility because of their own burdened history, then this refused responsibility perception must be covered by all others. This we owe it to the victims of three German injustice systems and must be and stay for all eternity our obligatory guiding principle. As a result of the postulate of my perception of a historical responsibility an unjustified refusal of my constitutional complaint cannot be accepted by me. In this case, my perception of responsibility would be to bring the hazard of a reincarnation of a German injustice system by the unreflected activities from judicial and executive authorities before the world's eyes. It's always terrifying and shocking at the same time how members of those organizations which have had once significantly contributed to the establishment of the system of injustice seem to argue out against their consequent responsibility and obviously seem to be strive to relativize, trivialize, minimize and to whitewash the activities of judicial and executive authorities which undoubtedly comes to the potential of a re-establishment of an injustice system.

I assure you that I have the Lutheran's determination to oppose to seemingly overpowering opponents. Also it's my unwavering guiding principle never idly standing by, while an injustice system will be re-established and demanding an absolute perception of responsibility by protagonists of such ambitions. If the fate of Sophie Scholl⁵ ⁶, the count of Stauffenberg¹³ ¹⁷ or Georg Elser⁴ ¹¹ should me catching up, then I've provided already arrangements, to make the background of the case aware to a world public opinion.For this case, I would like already now to put an inquiry to the President of the Federal Republic of Germany to disengage my German citizenship posthumously. I would not like to be perceived after my life as a member of this State, for which I felt ashamed because of the non-perception of its historical responsibility during whole of my life.

5 Sophie Scholl

6 Sophie Scholl

13 Claus von Stauffenberg

17 Claus von Stauffenberg

4 Georg Elser

11 Georg Elser

With kind regards

Abe Treiner

Offener Brief an die Judikative

Sonntag, 14. Juni 2015

OpenLetter2ConstitutionalCourtGermanyEn_201506

`Open-Letter to`

`Constitutional Court of Germany`