Offener Brief an die Judikative: Petition2ConstitutionalCourtGermanyEn

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

`This petition is aimed to the Constitutional Court of the Federal Republic of Germany`

„We are not only responsible for what we do but also for what we not do“
― Molière

„So is the difference between traditional and modern falsehood
basically only on the difference between hiding and destruction.“
― Hannah Arendt

„When injustice becomes law, resistance becomes duty.“

― Berthold Brecht

Dear President of the Constitutional Court,

Dear Mr Prof. Dr. Voßkuhle,

Dear readers and recipients listed in the attachment,

on the experiences from the system of injustice the constitutional lawmakers explicitly stated the claim on unrestricted legal process based on article 34 GG. The reason for this was undoubtedly that the re-establishment of an injustice system can be approached effectively only by this standards. If the prevention of a re-establishment of an injustice system would be only bounded by incalculable costs, then such a claim would be doomed to failure from the beginning.

Accordingly for errors of law caused by judicial and executive authorities, the barriers to the enforcement of legal claims contradicts those constitutional requirements. The constitutional lawmakers also manifested with chapter 19 para 2/4 GG the inviolability of the essence of the constitutional rights. Even because of the experiences with the system of injustice, the constitutional lawmakers delegated the responsibility and control of the core constitutional rights to the Constitutional Court in order to ensure that these basic laws will be absolutely safeguarded by this institution. Thus the constitutional lawmakers manifested a compulsion to act to the Constitutional Court as soon as it becomes aware of violations of the core constitutional rights.

The world community identified once as being characteristic of a system of injustice the fact of preventing the enforcement of legal claims for errors of law caused by judicial and executive authorities. In the underlying proceedings was the failure of the courts of lower instances and involved judicial and executive authorities recognized and clearly and unequivocally addressed by the judge of the District Court of Munich. The judge 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 system of injustice.

The philosopher Hannah Arendt has ascribed the establishment of injustice systems on largely unreflected acts by members of the judicial and executive authorities. It were members of the judicial and executive authorities, who had supplied people to annihilation for non-assimilated statements. It were members of the judicial authorities which have prevented by their acts, that former culprits could escape the accountability of their doings. The establishment of a system of injustice is accordingly always a result of unreflected actions by judicial and executive authorities. The disregarding of a binding implementation and enforceability of core constitutional regulations for victim of the legal system documenting almost exemplarily the unreflected actions by legal institutions such as in this case the Constitutional Court and confirmed the reluctance of the German judicial authorities taking responsibility towards their own burdened history stated by Hannah Arendt and Fritz Bauer.

We are experiencing today again decreasing awareness of violations of human rights and the suffering of victims (see recent occurrences of asylum seekers within the Hamburg-based German Federal Police). This is undoubtedly due to the non-perception of responsibility of the constitutional, judicial and executive authorities. Please perceive finally now, 70 years after the burdened history of the judicial and executive authorities, your ethical and moral obligation, to counter effectively the mechanisms of the re-establishment of a system of injustice and accept the responsibilities which was given you by the constitutional lawmakers with an explicit obligation. If this obligation is not perceived by the Federal Constitutional Court, then the reason of its existing must be definitely a case of a critical analysis.

The world affairs requiring a clear and unequivocal statement of ethical and moral responsibility perceptions.

I'm asking the Constitutional Court to confirm the acceptation of my constitutional complaint and to lead the matter to a decision of a judicial nature.

With kind regards