Why law and legal institutions are increasingly under threat in all of Europe

July 26, 2010

My recent experience with the Austrian justice system has underscored that there is a very real danger joining the the EU’s European Investigation Order will open the door to serious human rights violations not just to UK citizens but to all people in Europe.

The EU’s European Investigation Order “would mean handing over wide-ranging powers to foreign police forces, risking miscarriages of justice and placing British police at their beck and call,” writes Harry Phibbs in the Daily Mail.

http://www.dailymail.co.uk/debate/article-1297697/When-Lib-Dems-wake-threat-EU.html#ixzz0umYl17Mn

The Tory MP Dominic Raab is quoted as saying:‘There are no proper limits on the nature of the crimes involved – so they could be trivial, or not even offences under UK law. [ ]… the Order even provides legal authority for European police to carry out investigations on British soil.’

http://www.dailymail.co.uk/news/article-1297621/Ministers-hand-Big-Brother-powers-EU-police.html

My experience with the judicial system in Austria suggest these concerns are warranted. I am facing indefinte detention without charge or criminal trial in Austria after a judge at a local Vienna court signed a note on June 29th applying for me to be put under court custody on the basis of false and trivial allegations.

A court custody process (Sachwalterschaftsverfahren) is designed for very different cases — elderly people who can no longer look after their affairs because of senility– and is supposed to be used as a last resort under Austrian law.

Not even L’Oreal heiress Liliane Bettancourt at 87 has been put under court custody in France in spite of her daughter’s efforts.

So how come I, a graduate of Edinburgh University who has written for Nature, The Scientist and the BMJ, who was among the first to warn that the swine flu pandemic was overhyped, am about to be placed under court custody and potentially indefinite detention on the grounds I am a „conspiracy theorist“ and a financial danger to myself?

Well, my real crime has been to criticise the government’s swine flu vaccination campaign.

In addition, I was able to collect evidence that the same judge at the Hietzing local court who has applied for me to be put under court custody is manipulating files and engaging in fraud.

I have been able to document the evidence of systematic corruption in appeals and criminal charges I have just filed in Vienna: I put copies of my legal actions in German up on a hack proof website.

http://wakenews.net/anzeige-jb.pdf

But documenting the evidence of systematic file manipulation and judicial corruption was only possible because I gained access to files which I would normally not have had access to.

Access enabled me to learn the reasons given by Judge Michaela Lauer for putting me under a court guardianship, and therefore allowed me to quickly gather the documents to prove that the reasons given are spurious or trivial and part of a deliberate and orchestrated attempt to silence me.

Because I am facing detention under a court custody application and not under criminal charges, there is no obligation for the authorities to inform me of the „charges“ that could lead to me being stripped of all my civic rights.

I could have been left clueless about what I was being accused of and what documents and information I, therefore, had to assemble to prove I was innocent if I had not happened to have accessed the files, seen the note, read the application and made a photocopy.

As it is, I have had to spend the past three weeks filing appeals, criminal charges, and contacting the ombudsperson to alert them to this miscarriage of justice.

Speed is necessary because the order for me to appear before my local court was issued on July 3rd already and I am scheduled to appear on August 12th for a hearing that could determine whether I am stripped of my basic constitutional rights or not.

One problem is that there is a 14-day deadline in Austria to file an appeal – and if you do not get the court letter notifying you — or someone else signs for you and does not tell you, as happened in the case of my elderly aunt — you are de facto deprived of your right to appeal.

Filing criminal charges are another legal avenue to address this kind of miscarriage of justice, the Ministry of Justice informed me.

But I filed charges in May 2009 against the same judge because of irregularities concerning her appointment of a court custodian for my dad. However, the prosecutors never investigated and I was de facto barred from seeing the files.

Because this court custody application for me is a serious human rights violation, I will potentially be able to ask for compensation from the Austrian state I have been told by a ministry of justice official.

I will certainly claim for lost earnings due to the time I have had to spend on defending myself.

I was supposed to start working on a documentary about the Smolensk plance crash but have had to cancel that project as I have had my hands full trying to halt this court custody process.

Worse than any loss of earnings has been the experience of the aggression of the Austrian legal system in seeking to put me under indefinite detention because I have found evidence of wrongdoing.

This has been truly traumatic.

It has caused me anxiety and sleepless mights. I have found it difficult to concentrate – and at a time when I have been required to take legal action at top speed to defend myself.

Who will compensate me for so much emotional stress?

And if the Austrian government and judges are colluding to misue the legal system to silence me, where am I safe in this country or indeed in all Europe?

Misusing legal procedures and terrorism laws, Austrian judges can force not just me but almost any person in Europe to attend a special court outside the law or face trial on some trivial charge.

Under the EIO and European Arrest Warrant, the problem of a small group of biased and partial judges misusing the legal system to hunt down and destroy criticis is exported to the whole of Europe.

A judge who has been caught out in manipulating files, making false accusations in Austria can now summon anyone in Europe to answer some spurious charge or other that the victims may not even be adequately informed about.

A handful of corrupt judges in Vienna could potentially sign EIO and EAW orders and thousands could be picked up by the UK police or other police forces and sent to Vienna to face indefinite detention without charge or criminal trial or a criminal trial on spurious or utterly trivial grounds in procedures reminiscent of Kafka.

Austria is also on the verge of introducing a new and draconian anti terrorism law that is so loosely worded that virtually anyone who criticises governments can be classified as a terrorist.

A judge in Austria could, for example, claim that someone in the UK or another European country had handed out terrorist material or received such material and drag that person before an Austrian court using UK or other European police force under the EIO.

How could any such UK or other European victim of a miscarriage of justice defend themselves if they were brought to trial or to a special court in Austria and were unable to access the files, obtain any information or understand the legal procedure?

Of course this is an extreme scenario. But my experience makes it less unlikely than many might think.

The risk of miscarriage of justice is too great.

The UK government should rejuct signing up for the EIO and EAW order because of the door it opens to human rights violations. Parliament, at the very last, should be allowed to vote on this measure.

After all, how can a handful of ministers who have backtracked on election promises sign up for this order that could result in massive human rights violations and still expect to have genuine legitimacy in the eyes of the people of the UK?

By signing up for the EIO order, ministers could even eventually be exposing themselves to the same charge of destroying law and justice and utilizing the emptied forms of legal process for persecution, enslavement, and extermination under law as the Nazi ministers, judges and prosecutors faced at the Nürnberg Trials.

It will take only a few UK citizens to experience the kind of miscarriages of justice and civil liberties violations by Austrian or other judges as I have had to for questions to be raised about who was ultimately responsible for undermining the process of law and legal institutions in the UK.

As Brigardier Telford Taylor said at the opening of the Nuremberg Justice Trail of 1947 said the judges, government officials and investigaors abused the process of law and legal institutions in Germany.

“In summary, the defendants are charged with the judicial murder and other atrocities which they committed by destroying law and justice in Germany, and by then utilizing the emptied forms of legal process for persecution, enslavement, and extermination under law.

The true purposes of this proceeding, therefore, are broader than the mere visiting of retribution on a few men for the death and suffering of many thousands. I have said that the defendants know, or should know, that a court is a house of law. But it is, I fear, many years since any of the defendants have dwelt therein. Great as was their crime against those who died or suffered at their hands, their crime against Germany was even more shameful. They defiled the German temple of justice, and delivered Germany into the dictatorship of the Third Reich, “with all its methods of terror, and its cynical and open denial of the rule of law.”


“Your constitutional rights are being violated,” Austrian lawyer tells Jane Burgermeister

July 13, 2010

Just a quick note to say I am sorry I have not been able to update the blog regularly in the past couple of weeks because I have had to spend so much time taking legal action over the evidence of corruption by Hietzing Court Judge Michaela Lauer.

On August 12th, I am supposed to appear before a court as part of a process to strip me of all my civic rights on the spurious grounds I am a crazy conspiracy theorist and am damaging my estate.

Clearly, this is an attempt by elements in the Austrian government to silence me, a critic of the swine flu vaccine, who has managed to make use of the internet to spread information on the false swine flu pandemic and vaccine suppressed by the mainstream media, but which is now the subject of inquiries at PACE and in parliaments. 

Elements of the swine flu vaccine will be incorporated into the upcoming seasonal flu jab to be compulsory for almost all Americans in autumn. There are also moves to make the seasonal flu jab compulsory for some groups in Europe.

Unable to close down the internet fast enough, elements in the Austrian government and medical field appear to be trying to use the so called Sachwalterverfahren/court guardianship process to strip me of all my rights and my property and silence me in violation of the constitution, as a lawyer said to me today.

I am now contacting the Volksanwaltschaft and also the Vienna State Prosecutor, the Staatsanwaltschaft Wien, after the Justiz Ombudstelle told me in a written letter that this was the state prosecutor was the right place to address evidence of abuse of office and the manipulation of files by judges, but let’s see if they actually investigate.

I will post a summary of the case as well as links to all appeals and charges on a separate page so people can follow the case, which undermines every legal principle of a state governed by the rule of law, more easily.

I hope to be back posting on this blog regularly soon.


Amnesty International to look into New Zealand activists false imprisonment

July 13, 2010

Penny Bright, “Anti-corruption campaigner” and Auckland Mayoral candidate, reports that Amnesty International is looking into the imprisonent of activist Vincent Siemer by a New Zealand judge in a case where there is evidence of abuse of process. Check out Penny’s blog for an update:

http://waterpressure.wordpress.com

This is the email Penny got from Amnesty International New Zealand in response to her letter:

“Hello Penny,

I’ve forwarded your letter on to AIANZ’s Deputy Director Rebecca Emery and Advocacy and Research Co-ordinator Chris Kerr.

Please do forward on additional information to them directly on this case.

Regards and thanks

Margaret Taylor, Activism Support Manager
Amnesty International Aotearoa New Zealand
ph: +64-9-303-4519 mob: +64-21-729 373 fax: +64-9-303 4528

Te Piringa, 68 Grafton Road, Auckland, 1010
P O Box 5300, Wellesley St, Auckland, 1141

http://www.amnesty.org.nz


UK government told “lies” about Iraq threat to justify war, reports The Telegraph

July 13, 2010

Iraq inquiry: Government ‘intentionally and substantially’ exaggerated WMD threat

Tony Blair’s government ‘intentionally and substantially’ exaggerated the threat from Saddam Hussein ahead of the war in Iraq, a former senior British diplomat has claimed.

By Rosa Prince, Political Correspondent
Published: 3:39PM BST 12 Jul 2010

 Carne Ross, who was First Secretary responsible for the Middle East at the United Nations, accused the former government of issuing “lies” to the public about the dictator’s capacity to launch weapons of mass destruction.

He said that it was a “disgrace” that ministers failed to exhaust all peaceful options before going to war against Iraq.

“There was no deliberate discussion of available alternatives to military action in advance of the 2003 invasion,” Mr Ross added.

“There is no record of that discussion, no official has referred to it, no minister has talked about it, and that seems to me to be a very egregious absence in this history – that at some point a Government before going to war should stop and ask itself, ‘are there available alternatives?”‘

http://www.telegraph.co.uk/news/newstopics/politics/7885629/Iraq-inquiry-Government-intentionally-and-substantially-exaggerated-WMD-threat.html


French Labour Minister Eric Woerth quits as UMP treasurer in Bettencourt cash bribe scandal

July 13, 2010

Embattled French Labour Minister, Eric Woerth, has announced his resignation as treasurer of France’s ruling UMP party. Woerth, as chief fundraiser for Sarkozy’s 2007 election campaign, is accused of accepting 150,000 euros from L’Oreal heiress Liliane Bettencourt.

Read more at:

http://www.english.rfi.fr/french-labour-minister-eric-woerth-quits


“Can you imagine me coming to a dinner … and leaving with money…?”, asks Sarkozy

July 13, 2010

France is not a corrupt country, says Sarkozy

French President Nicolas Sarkozy in France 2 interview

Reuters

By RFI

French President Nicolas Sarkozy has strongly denied allegations that he took illegal cash donations from France’s richest woman, declaring “France is not a corrupt country”.
 Speaking during an hour-long interview on television station France 2, Sarkozy backed Labour Minister Eric Woerth who has also been accused of accepting handouts – alleged to amount to 150,000 euros – from L’Oreal heiress Liliane Bettencourt during the 2007 presidential race.

The Labour Minister has also been accused of conflict of interest because his wife helped manage the billionaire’s wealth.

“France is not a corrupt country,” the president declared. “The political class, left and right alike, is in general honest. French public officials are people of great rigour.”

Sarkozy said it was a disgrace to accuse him of visiting Bettencourt’s home to pick up illegal cash donations, and suggested those behind the allegations were taking part in a defamation campaign.

“Can you imagine me coming to a dinner in front of the guests round a table and leaving with money…?”, said Sarkozy.

The interview comes a day before the Labour Minister is set to present a controversial pension reform plan to the French Cabinet, which would raise the retirement age for public sector workers from 60 to 62

http://www.english.rfi.fr/france/20100712-france-not-corrupt-country-says-sarkozy


The role of the new media in informing the French about the Sarkozy scandal: Daniel Hannan discusses

July 13, 2010

Will Nicolas Sarkozy be brought down by le Guido français?

 By Daniel Hannan Last updated: July 10th, 2010

The Telegraph

Tiens! as we Old Brussels Hands say. Eh bien, je jamais.

The latest Sarko scandal is, by French standards, a run-of-the-mill affair: wealthy heiress, hidden slush fund, illicit donations, envelopes full of cash. But here’s the difference: French people are now able to read about each new allegation in France. The story has been broken largely by a subscription-only news website founded by a former editor of Le Monde. The Internet has smashed the oligopoly hitherto enjoyed by France’s dowdy and deferential newspapers.

The sheer servility of the French print media has to be experienced to be believed. When, for example, it emerged that a former president had set up his mistress with a seat in the European Parliament, French readers were wholly dependent on foreign reports. The same was true of many of François Mitterand’s peccadilloes, both sexual and political. Not until after he died was his Vichyite past openly discussed.

When Jacques Chirac pardoned more than a thousand politicians who had been found guilty of corruption, no French newspaper so much as alluded to the fact that they had been accused. Indeed, when Nigel Farage, the UKIP leader, pointed out that one of these politicians had been nominated as a European Commissioner, he was told by the President of the European Parliament to withdraw his remarks or risk prosecution.

Some foreigners laugh at the feebleness of French journalists. Others admire it. “Why can’t we be as grown-up as the French about these things?” say go-ahead metropolitan types. But the obsequiousness of French newspapers isn’t determined by their readers’ preferences. On the contrary, in few democracies do voters express such vehement contempt for their elected representatives. No, the reason that French reporters tend to lay off their politicians is because they have a symbiotic relationship with the government. They enjoy tax breaks and other perks, many of their newspapers are related to one or another of the political parties, and privacy laws are loaded against them.

They therefore frequently find themselves at odds with their readers. When France voted on the European Constitution five years ago, every newspaper except the Communist daily called for a Yes vote, leaving the No campaign to les bloggeurs. Guess who won?

Web-based news outlets are contributing to the decline of print media in the English-speaking world. In France, where a journalistic cartel has become reliant on political patronage, their opportunity is commensurately greater. Truly the Internet is a wonderful phenomenon.


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