Tuesday, April 2, 2013

The unlawful appearance of the German prosecution


The principle of mandatory prosecution commits the German prosecution to investigate all complaints on criminal activities. Besides, the European Court for Human Rights commits all signatory states (Germany and Switzerland are among them) to follow and investigate any suspicion of human trafficking. When such complaints are submitted to the police, the police body is obliged to submit them to the prosecution, which is the sole authority to decide on such complaints. In my case BKA clearly violated this rule and did not submit my information to the prosecution.

Having noticed that the German authorities did not react on my blog and that the situation of the Hungarians did not change, on December 22, 2011 I sent my complaints for criminal activities against the Hungarian women and me to the Chief Prosecutor of Germany and to the Prosecution of the province of Saxony. I needed them both as BKA as a federal body is within the competence of the Chief Prosecutor. The reason I approached not the prosecution in Leipzig (all actions in Saxony took place in this city) but the superior Prosecution of Saxony is that by stopping the investigation against me but not starting any investigation against Jens Kottke this prosecution had clearly violated the law and its duties – if I had not slandered I was right in my allegations about him and the situation of the Hungarians. My complaint foresees all related to the happenings delinquencies and is against the Hungarian pimp, Jens Kottke, Dietmar Schmidt, his partner, their superiors, the high positioned person, related to BKA, who asked and obtained my deprivation of my fixed monthly payment from the insurer, federal chancellor Angela Merkel and strangers. I asked the prosecutors to investigate whether the above persons have committed or participated in the range of delinquencies specified in the pages 180a Exploitation of prostitutes, 181a Pimping and 232 Human Trade for the purpose of sexual exploitation of the German penalty code. With regard to Angela Merkel I asked on opinion whether she committed obstruction of justice by not reacting on my letter to her from November 21, 2010.

In order to avoid a general answer like the one I got from BKA – that there are no evidences for criminal activity I requested answers to some specific questions. I asked whether Jens Kottke and the furniture trader are police agents, whether the Hungarian pimp has registered his business in Germany as he is obliged to do and whether he has ever filed tax returns and paid taxes. I asked whether BKA officials are allowed to conduct informal meetings – without protocols etc. with people making complaints and whether they may cheat such people as they did with me with the fake Beat Humbel. I asked for an investigation on whether BKA and Fedpol plotted my assassination before finding out that I had approached a third country police representative. I put the question whether BKA has the practice to tape the phone conversations and the meetings with informants, how long they keep the records and whether my conversations with BKA are available. I asked the prosecutors to track the phone conversations of Jens Kottke for the periods November 18 – 21, 2009 and January 11 – 17, 2011, of the furniture trader for the period June 20 – 27, 2010 and of Dietmar Schmidt for the period April 12 2010 – June 2 2010. I asked for the testimonies of Lili on February 7, 2011 and for Kottke’s complaint against me. I requested information on whether an investigation is still going on against me. I asked whether Kottke’s name was mentioned in the investigative report of the Saxony counter-intelligence for corruption and connections between prostitution and important public figures and magistrates, in what connection and whether any investigation was conducted.

I requested the German prosecution to approach the prosecutions of Hungary, Switzerland, USA and Bulgaria on the issues of their competences. The last contact was necessary as a Bulgarian woman had made a complaint to the police in Blagoevgrad (Bulgaria) for being forced into prostitution and held and exploited in one of the flats of Jens Kottke against her will.

Since the only response, I got, was a letter from the Saxony prosecution saying that the case had been transferred to the Leipzig prosecution I used a private trip to Leipzig in the summer of 2012 to visit the Leipzig prosecution and find out what the status of my complaint was.

On July 23 I visited the Leipzig prosecution and got a visitor’s pass for room 217, where, judging by the table on the door, was the archive of Department VIII. I guess this was the place where accused citizens were made familiar with the accusations against them. After a while I was told by one administrator that I would be received in the nearby room 2007, where I had already noticed some activities. I went to the door and found out that this was the office of the head of Department VIII and Ph.D. in Law Mr. Lieber.

He received me politely and advised that “actually” there was an investigation going on against me. As proof of this he showed to me from a distance a folder, where I could only see a file number, which I wrote down. I asked about the accusations against me and my host replied that “some people did not consider what I had written at the beginning of my blog sexsklaverei.blogspot.com to be true”. Since writing something,  which some people find untrue does not constitute a criminal offence itself I asked for more explanations but did not get them. I asked for my accusers and heard BKA and than after some prolonged hesitation the name of Jens Kottke. This was the only information I could obtain from Mr. Lieber on the complaint against me. Although he had justified the delay with my reception (I had waited about 30 minutes) with the necessity to become familiar with my file, nothing in his performance revealed that he really new something about my investigation. When I suggested that the prosecutor working on my file should join us to help Mr. Lieber replied that this prosecutor was on vacation.  When I asked about the name – I had more than two weeks to stay in Leipzig, he did not say anything. His lack of knowledge did not prevent him from inviting me to give testimony – the microphone was on the table and he was ready to begin however I declined. I do not know whether asking an accused to testify without having presented to him the accusations is legal but I am sure it is not ethical.
Article 136 of the German Criminal Procedure says that the accused should be made familiar with the accusations against him during the first meeting so that he is given the chance to repel them. If a prosecutor so outright violates this article, there must be a good reason for this. The main reason for this violation is that the Criminal Procedure entitles me to demand collection of evidences in my defence and this is the last thing the prosecution would like - in my case there are plenty of evidences just to mention the SMS of Lili. However, as long as I do not know the accusations I can not ask for anything specifically.
My failure as accuser turned out to be even bigger as the one I suffered as accused. Mr. Lieber denied knowing anything about my complaint. This was strange because both investigations – the one against me and the one I had initiated had to consider the rightness of my allegations.
I asked Mr. Lieber to comment the 16 and 24 hours workdays of the Hungarian women but he behaved as if he had not heard me.On my question on the legality on the side of BKA to conduct informal meetings with informants he replied with the typical for him modesty that he could not comment this.
Realising that the purpose of the meeting was to deprive me of any relevant information I expressed my understanding that officials have to follow the instructions of their superiors and left. At the exit I asked the staff to check in the system for the investigation on my complaint, they checked and told me that it had been stopped.
In my German blog I published my visitor’s pass as evidence for my visit to the prosecution and for the fact that I was directed to room 217, however never entered it, i.e. I was denied the information I was entitled to get by law.
Two days later I visited again the prosecution in connection with my other complaint – for the theft of my mobile phone. It was also stopped but I got the setting decision, on the back of which I asked whether the suspect was a police informant. However when I asked also for the setting decision on my complaint for human trafficking I was denied it. I asked for the reason and I was told that the prosecutor in charge had decided so. This outright violation of the law  - a prosecution is obliged to provide setting decision to the accuser when the investigation is stopped, has also its good reason. The setting decision allows the accuser to bring and contest this decision to a higher authority and if he is a sufferer he is even entitled to a judicial review of his complaint. By not giving me the setting decision the Leipzig prosecution denied me any access to justice on the issue.
The Chief Prosecutor of Germany never bothered to reply my complaint.
When human trafficking is concerned there are no laws in Germany.
Upon my return to Canada I published an article describing my experience with the Leipzig prosecution and having decided to give them a second chance to comply with the law (they seemed to be surprised with my visit) I asked them to send me the information and the setting decision I had requested before.
As expected, they did not react and I have drawn the conclusion, which I present here, that the Leipzig prosecution violated the laws to deny me access to justice in order to protect the organized crime, the slavery, the brutality and crimes against the East European women.
The appearance of the prosecution justifies the threats made by Jens Kottke and his followers in their comments after my first article in the blog sexsklaverei.blogspot.com with my punishment from the “state of law” – obviously the German “state of law” is designed to protect organized crimes and its crimes, including human slavery, and to prosecute the opponents to these crimes.