Joachim Kossmann: My application for asylum

 

NOTICE:
I want to repeat that I have to respect the rules of the German legal provisions for publications. So I ´m not allowed to publish private names and I ´ve to avoid clear marks of identification. So I have to omit some points you should get to know in order to understand the context. I ´ve to ask for your intelligence.
Interested jurists and journalists can order background information.


The story I want to tell you might be incredible for you, but you can be sure that I ´m saying the truth. Otherwise the German authorities would proceed against my publication.

Since the early 1970s I ´ve been working for the West German free thinker movement in order to establish the separation from church and state and religious freedom in our country. Hence it follows that there are some people who don´t like me...

In the year of 1995 I denunciated the evangelic clergyman .... of tax avoidance at the fiscal office. The pieces of evidence were self - determinations written by the clergyman´s own hand . There were really no doubts that the papers were in accordance with the true facts. And so the  clergyman should take revange on me...

A few months later the clergyman ... incriminated me to have made falsifications of documents for the disadvantage of him among other things. The church district of Herne (Kirchenkreis) did so. The elder brother of the clergyman, a manager of a kindergarten, should ´ve misused little children.

The ambassodor of Israel recieved a letter purported the Auschwitzluege, and so he protested because of insult at the upper administration of the evangelic church. Therefore one needed a scapegoat to pass the buck to him, and I was exactly the right man, because I ´m a disagreeable reviewer for church and state. And so the public prosecutor´s office of Bochum refused to investigate against clergyman ..., who was immenent suspected to be the author of the letter. But this behaviour is generally apllied at the German administration of the law. If the authorities do not like the probable result of investigations, the necessary investigations will be leave off. I should witness such situations several times.

I don´t know wheter the evangelic church put presure on the justice, because an evangelic clergyman may not be in conjunction with the Nazi - ideology. But a few months later clergyman ... lost his old parish, where he had been working for nearly 20 years. You may interpret this matters by yourself. It was a pitty that clergyman ... did not want to say something about it, and so the romors were set afloat....

But I´m not willing to confess an act I havn´t caused. And so the prosecutor´s office of Bochum brought an accusation against me.

The municipal court of Herne (Amtsgericht) condemned me at the first level of jurisdiction to be guilty without evidences in November of 1996, but I appealed against this judgement.

The appellate proceedings took place in April of 1997 at the district court of Bochum (Landgericht).

Immediately after the appellate proceedings had started the femal judge ... of the district court of Bochum (Landgericht) demanded me to abandon the appeal and threatened me to make worse the additional penalties (forced labor and a fine about 5.000,-- DM, ca. 2.500 Euros for the benefit of the Deutscher Kinderschutzbund (German Alliance for the Protection of Children). The Deutscher Kinderschutzbund is a reactionary organization opposing birth control and religious freedom for children.

I refused to take back the appeal. About 45 minutes later the hearing of evidence resulted that the evidences were insufficient and didn´t allow my condemnation. Therefore I asked to dismiss this action, but the femal judge ... refused.  Than the femal judge ... continued to read the court records. It followed the passage I ´d denunciated the clergyman because of tax avoidance. A few minutes later the femal judge ... imputed me that I would want to make an attempt on the clergyman´s life and threatened me to direct me to the psychiatry. I was shocked, because I couldn´t estimate such a behavoiur of a judge. Than I took back my appeal because of feeling to be blackmailed by the femal judge ... .

There are no doubts of the trustworthiness of my report even on the side of the authorities. So the judge ... of the municipal court of Herne (Amtsgericht) said in March 2005: "The femal judge ... was well known in general for her rough methods." (Richterin ... war für ihre rüden Methoden allgemein bekannt).

In the following years I tried to do everything in order to clear up the matters happened. I tried to contact the expert who had checked my electric type writer and couldn´t identify it to be used to write the letter to the ambassador of Israel. I tried to contact the lay assessors in order to find witnesses for the behaviour of the female judge. I contacted the manufacturers of my type writer, I contacted an expert of the state office of criminal investigations Baden Wuerttenberg (Landeskriminalamt Baden Württenberg). But everything I ´d done was in vain. My new evidences were not sufficent to get a retrial, the municipal court of Hagen (Amtsgericht Hagen) having jurisdiction over a retrial from Herne denied a few years later in 2003.

I lost my professional and economical existence as a free lancing co - worker of a well respected large German insurance company because of the condemnation. When the period of probation had been passed, I was too old to get a new job. My loss of salary makes about 1 millions Euros. Besides them I claim for smart money and the cost for the necessary emigration. The totaly demage I have to stand makes about 3 millions Euros.

It ´s a pity that I should get to know not till seven years later in 2004 by chance that I would have had the possiblity to disclaim my taking back of the appeal during the following week after the trial had taken place. My lawyer at that time, Mr. ... from Wanne - Eickel, had abstainded wilfully from informing me about the legal remedies of the §§ 44,45 StPO (Strafprozessordnung = code of criminal procedure).


In the year of 2000, when the period of probation had been passed, I continued to try everything to clear up the matters happened. I intendend to inform the public about the affair caused by the justice in the name of the "People of Germany". The eldest and most simply form of publications is to print and distribute flyers in the streets. The sense of the flyers was to find possible witnesses, than it was clear that there were further victims of the femal judge ... besides me. Further than I wanted to force the authorities to listen to my arguments they ´d ignored till then.

But the authorities were not interested to get to know the truth. The clergyman and his bigger brother ordered real injunctions against me in order to stop my publications. But it was in vain. The civil court at the municipal court of Herne (Zivilgericht beim Amtsgericht Herne) said that there were no juristic possibillities to forbid my publications. The court critized only the marks of identification in my flyers. I had to make my publications anonymous. I did so.

A few month later I published my first website in the autumn of 2000. The theme became to be interesting for people not at last of the real injunctions I used for puplic relation purposesses. Then a lot of strange persons were suspected. The authorities of church and state got very angry. The lawyer of the church district of Herne (Kirchenkreis) denunciated me and solicited to examine me psychiatryly. But the doctor said that I was all right. Then I denunciated the lawyer of the church district because of offence, but the public prosecutor´s office of Bochum decided to withdraw a charge and confirmed that the lawyer had only represented legal interests of the church. Therefore it seems to be legal in the Federal Republic of Germany to comit indictable offenses by command of the church...

The public prosecutor confiscated my computer I needed to produce the website. Because I ´d lost my fortune, I was not able to buy a new computer. But also this attempt to stop my publications was in vain. My friends helped to continue my publications. Two years later I could buy a new computer with lent money.

The public prosecutor took revange on me and brought an action against me in the year of 2001 although he knew that I was innocent, because my publication were really true. The municipal court of Herne (Amtsgericht)  condemned me in the first level of jurisdiction to a punishment released on licence, but the public prosecutor appealed against me and asked for my imprisonment because I did not wanted to confess punishable acts I ´d never caused. My new lawyer said to me: "You are innocent, but I do want to represent you any longer", because you ha´ve incriminated the femal judge ... because of a perversion of right... (Sie sind unschuldig, aber ich werde Sie nicht länger vertreten, weil...).

Another year later in 2002 the public prosecutor and my new assigned councel made an understanding at the appelate proceeding at the district court of Bochum (Landgericht) that the public prosecutor will abondon his appeal, if I promise to stop may publications. I was punsihed for the second time, and the authorities knew that I was innocent. And so I didn´t kept my promise to stop the publications. My new computer allowed me to publish more and more information of grievances in the Federal Republic of Germany. Besides them I extended my contacts to the mass medias, newspapers and television. I made one petition after the other till my court records should reach the size of a big telephone book. I became a really querulous citizen....


In spring of 2004 I intended to enforce the smart money from the Deutscher Kinderschutzbund (German Allliance for the Protection of Children) in order to obtain the examination of the lay assistents of the trial of April 1997. Also the Deutscher Kinderschutzbund had to be interested in to clear up the question, wheter everything happenend during this trial was correct. I wrote three letters to the Deutscher Kinderschutzbund, but the organziation ignored them and complained about it at the municipal court of Herne (Amtsgericht). After that judge ... of the municipal court of Herne wrote me a letter and told me to stop me demands, besides them he warned me that the public prosecutor´s office would check my letters to implement elements of an offense.

A few weeks later it came to light that I ´d termed a wrong basis for a claim because of the incorrect legal advise of my former lawyer Mr. ... from Wanne - Eickel. A criminal relevance was not existing. In the worst case it was an unavoidable error as to the prohibited nature of an act § 17 StGB (Verbotsirrtum nach § 17 Strafgesetzbuch = criminal code).

However the public prosecutor´s office of Bochum brought an action against me because of  attempted swindle. The public prosecutor said during the trial of March 2005: "It is an impertinence to demand money from the Kinderschutzbund. The Kinderschutzbund is short of funds and has already spent the money for other purposses." (Es ist eine Unverschämtheit, vom Kinderschutzbund Geld zu verlangen. Der Kinderschutzbund ist knapp bei Kasse und hat das Geld schon anderweitig ausgegeben). Special critics are superfluous. It´s clear that the actions was caused by political reasons. Nevertheless the municipal court of Herne (Amtsgericht) condemned me in the first level of jurisdiction to an imprisonment.  After the next two proceedings this decision was withdrawn. Perhaps the district court of Bochum (Landgericht) was afraid of my announcement to ask for political asylum in Switzerland, but I don´t know.  Switzerland joined the treaty of Schengen just at Jan. 1st, 2007.

After that I denunciated the female public prosecutor ... because of calumny. She had written in the declaration that I should had confessed an attemped swindle. Although the proves were clear (written textes) the authorities discontinued investigations against her because she had alleged only careless. It´s clear that such behaviour is not possible. The female public prosector´s ... wrongdoing is guarded by the authoroties in the same way as in the case of the femal judge ... I ´d reported you before. I have to repeat that this methods are generally replied in the Federal Republic of Germany.

So far I can report up to the present situation (Date: August 31st, 2007).


CONCLUSION IN GENERAL:

In the Federal Republic of Germany judges and public prosecutors can usually commit undisturbed punishable acts tolerared by their colleagues and the politicians. Therefore one can´t speak about a failure of a single person, the critics is against the system at all. Corrective measures can only be reached by controlling the justice. At the moment the justice only controlls by itself, but this is not sufficient. German trials claim to judge in the name of the German people who has never authorized the justice to do so. Normally it´s only a matter of chance to get a correct and fair decision. Reforms are necessary.


CONCLUSION FOR ME (PRIVATE MATTERS) / MOTIVATION OF MY APPLICATION OF ASYLUM:

I cannot and will not let the matter rest. There are several reasons for me to do so:

1st point:
I fear to become again a victim of the German justice. Please imagine the evangelic clergyman ... commits crimes or rather a strange person charges the clergyman ... to have done so. In this case the authorities would not investigate against the clergyman anew and instead of the justice would make insinuations of the crimes to me. Nobody is interest to find out the truth. I ´ve lost my confidence against the German justice forewer.

The female presidend of the district court of Bochum (Landgericht) couldn´t or didn´t wanted to answer my several questions how she is going to secure the correct work of her authority in future. So I demanded the president to give up her job and quit her office, but nothing happenend.

The correct action of German trials is not secured. I fear new acts of vegeance of the authorities, because I ´ve not stopped my publications

2nd point:
Because of the behaviour of the female judge ... I ´d lost my economical and professional existence and I ´m not willing to bear the financial loss the justice caused. The female president of the district court of Bochum (Landgericht) wrote me that I cannot recieve damages or other reparations because of  formal requirements. Therefore I would have to bear the loss. It was impossible to reach an amicable solution. But I ´m not willing to live in poorness and misery for the rest of my life. And so I ´ve decided to market the matters I experienced. So the German authorities are really very angry because of the becoming known of the things happened, besides than the international respect of the Federal Republic of Germany might be damaged.

The economical situation of the Federal Republic of Germany is rather difficult today and I have not the chance to find a job. And so I am on the dole, but the money I recieve is not sufficent to secure a modest life. So I ´m forced to market the things happened in order to earn money to balance a part of my economical damage at least. Therefore I have to fear acts of vegeance too.

3rd point:
I ´m a honest man with a high grade of self respect. The authorities refused to make a fair and orderly trial against me. It´s also a matter of principle.
A further residence in the Federal Republic of Germany is an imposition for me.

This three points are eqivalent for me: My private security, economical and emotional matters.

Thank you for your interest, Joachim Kossmann


Detailed background information about my case for interested readers.

Other information:
About the German Alliance for the Protection of Children - Deutscher Kinderschutzbund in www.kinderfreundlichkeit.com
About me, Joachim Kossmann in www.jkxxl.com
Detaillierte Ausführungen sind in deutscher Sprache veröffentlicht unter www.unsere-justiz.com

 

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