I want to repeate twice, that I have to make this text anonymous beause:
of the German press laws I ´ve to respect. That means, that I ´m not allowed to publish private names or clear marks of identification. But it will be not important for you to get to know such information, because my intention is to critizice general grievances.
I ´m engagend to present the things happend in a most short and simply way, but the reading of this text will take about 20 minutes. Please be appreciative. I will be thankful for your critics and inspirations in each case. Im ´sorry that there are some questions I ´m not allowed to answer, therefore the understanding of the text and the context of the things happened are made more difficult for you, but I cannot prevent it. It ´s dealing with the questions at all:
* What is about my private relationship to the evangelical clergyman and his big brother?
* Who did I received the information and the proofs about the clergyman´s and his big brother´s tax avasion?
* Who did the clergyman respectively his bog brother come into the possession of they of my former condominium?
* What had happened at the district court (Landgericht) Bochum, after I published the matters happend?
Only lawyers and journalists can get further information of such questions by respecting their professional secrets!
Technical indication: Things happened in reality are written in normal types, my commentaries are written in italic types.
I denunciated the evangelical clergyman ... , his big brother, the father - in - law of whom and a neigbor of whom because of tax evasion. At first the big brother of the clergyman told me to pay 500,-- DM for the preparation of a grave and to transfer the money to his bank - account. Because I guessed that the grave had been prepared by black - workers, I answered the big brother that I needed a written orderly document for the filing at the fiscal office. So I hoped to save the demanded money. But only one week later I got a post - card from the big brother of the clergyman. Quote: "Du Idiot! Wenn du eine Rechnung willst, dann geh´ zum Friedhofsgärtner! (You are an idiot! If you want to get a bill, go to the gardener of the church - yard!)" A few days later the evangelical clergyman ... visited me in my flat and asked me to pay, because "Der Schwiergervater und sein Kollege Herr ... hätten doch so viel Arbeit mit der Gruft gehabt. (The father - in - law and his collegie Mr. ... had worked so hard by preparing the grave)". The clergyman had ordered black - works and he never denied this fact forewer. But some months later the clergyman ... sent me a written bill because of his love of money and naivity and he detainerd the money.
Ich want to add that I ´d denunciated further than some other things to the fiscal - office which caused a consideralbe demage to the clergyman and his relatives. But I could absolutely surely prove the affair with the hand written self - determination.
The conflict with the clergyman continued, about six month later things should escalete.
Since late summer 1995
Strange articles with the indication of the sender clergyman ... were published in different newspapers and journals. An article in the "Neuen Deutschland" ("New Germany", the former newspaper of the standard party SED of the GDR) reached nationwide publicity, where the abolition of the West - German church - taxes was demanded. Congenial clergymen should call our evangelical clergyman ... in order to establish an interne churchly initiative. Clergyman ... became one of the most famoust clergymen of Germany at once.
The limits of tastefulness were offended by a letter to the Israelian ambassadeur which contained the negation of the genocide against Jewish people during the Nazi periode in the Third Reich. The ambassadeur protested at the church management.
The big brother of the evangelical clergyman ... who is employed as a social - worker came under suspect for sexual misusing little children in the kindergarten he managed. This point of suspect had never been solved by mysterie reasons, but later there could not to be found new proofs.
The evangelical clergyman an his bis big brother denied to be the authors of the letters. Instead of it they incriminated me to be the author of the letters, because they wanted to take revenge on me because of my denunciations against them and their relatives at the fisscal - office. They made different denunciations against me and the criminal investigation department started the work.
In the morning the police visited me in my former condominium, Bahnhofstr. 216, D 44629 Herne, with a search warrant and confronted me with the reproaches of the evangelical clergyman... I neglected. Besides other things my electric type - writer model "Quelle Privilieg" was confiscated. Than this electric type - writer was checked by an expert of the Landeskriminalamt NRW (Criminal Investigation Department of Northrhine - Westphalia) with the result that the usage of the type - writer for the letters to the medias and the Israelian ambassadeur couldn´t be prooved.
About six weeks later a second house search took place in my condominium, because in the meantime the authorities got to know the denunciations against the big brother of the clergyman because of sexual misuse of children. A second type - writer was confiscated during the second house search. It was a very old mechanic type - writer model "Irene super". This mechanic type - writer could be identified by the expert of the Landeskriminalamt to be used for writing the letters to the local association of the Deutscher Kinderschutzbund (German Association for the Protection of Children) of the small town in the rural district Mettmann in fact.
It ´s really true that I preserved an old mechanic type - writer in my former flat, which had already not been used for years and stood around somewhere in a corner. I ´d never used this mechanic type - writer by myself and didn´t know it at all. The type - writer had only been used sometimes by my mother who died in 1993. This mechanic type - writer was secretly exchanged against the "Irene super" by the evangelic clergyman ... or his big brother respectively by a third person who had been charged with. But later as well the evangelical clergyman ... as his big brother confessed independant each other having been in possession of the key of my flat. Besides them the clergyman and his brother knew that my condominium was vacant during the day.
If I had been the author of the letters, I would had about six weeks time to let disappear the evidence "Irene super". In such a case I ´d to reckon with a second house search. Besides them my electric type - writer "Quelle Privileg" would have to be identified, if it had been used in reality, all the more it had been strong used up.
The public prosecuter´s office of Bochum neglected investigations against the clergyman... and his big brother who were also suspected although I ´d informed the police. If I may impute that the authorities are working with the necessary careness they are obligated, it will be obviously that it couldn´t had been an error.
Although this fact were well known to the public prosecutor´s office Bochum, the public prosecutor made an appeal against me because of falsification of documents, calumny and offence etc.. I could not afford to pay a lawyer to represent my interests because of financial reasons. Besides them I ´d been innocent and still I trusted the German justice at that moment, and so I accepted a lawyer not to be necessary at all.
The clergyman brought an incidental action against me but his big brother didn´t. The clergyman and his big brother incriminated me during the trial at the Herner Amtsgericht (local court of Herne) in November 1996 to be the author of the letters. But there were not been any proofs. Points of prooving my innocence (see above) were neglected by the judge of the court on purpose. The lawyer of the clergyman reduced himself to outrage me, because I was unemployed at this time. After that the local court condemned me without any proofs and "because of the private impression of the judge" (quote from the judgement) to imprisonment placed on probation for 1 1/2 years, a fine about 5.000,-- DM for the advantage of the Deutscher Kinderschutzbund (German Association for the Prptection of Children) local association of Herne and 200 hours of forced labor for a "social" institution.
Already this first judgement was almost in the near of a willful perversion of right. I appealed at once against this judgement. But the situation should go from bad to worse.
In the meantime I ´d to sell my condominium in Herne, Bahnhofstr. 216 in order to restore my solvency, but soon I could get a job at a well known German insurance company. I started a training to become an insurance agent. Therefore I could afford to empower lawyer ... from Wanne - Eickel with the further representation of my interests now. But the lawyer was not willing to engage himself for my interest althougt his honorarium about 3.000,-- DM was very high.
The appelate proceeding should take place at the Landgericht Bochum (district court) at April, 8th 1997. The female judge ... had been blassed against me from the beginning. She answered to my statement, that I ´d appealed because I was innocent: "Das sagen alle!" (Everybody tells so). Than she asked me to take back my appeal and threatened me to make worth the additional penalties of the first instance, the fine and the forced labor. The trial was interrupted for five minutes therefore I could speak with my lawyer face to face. He gave me the advice to take back the appeal, because "bei der haben Sie ohnehin keine Chance" (You have noch chance at all with this feamle judge). But I refused.
The trial was continued, but it was only spoken about private matters having nothing in common with the case for about 45 minutes. Than it became to be clear during the argumentation that the suspicion facts against me were not been solved because of the at least careless and one - sided investigations of Bochum´s public prosecuter´s office. Even the female judge ... attached this opinion, but "machten weitere Ermittlungen jetzt keinen Sinn mehr, da der Pfarrer bzw. sein großer Bruder evt. vorhandene entsprechende Beweisstücke schon längst beiseite geschafft hätten" (Further investigations would be senseless, because the evangelical clergyman... respectively his big brother would had junked prooves of evidence in the meantime). Than I answered, "wenn die Sache nicht mehr aufgeklärt werden kann, muß das Verfahren eben eingestellt werden" (If there is no possiblity to clear up the matters happened, the trial will have to be withdrawed a charge). The female judge said enraged, "das Verfahren werde nicht eingestellt" (The trial will not be withdrawed a charge). Than she imputed me some minutes later I want to make an attempt on the life of the clergyman an his big brother and threatened me to put me into the psychiatry. I was shocked and took back the appeal because of the behaviour of the female judge. I had not reckoned with such a reaction of the judge at all. The public prosecutor and my lawyer agrreed to my alligated "taking back of my appeal".
There wouldn´t be any other alternative possibilities to force me to take back my appeal, because the public prosecutor hadn´t appealed against the decision of the first instance. And so the court of appeal Landgericht Bochum (district court) was not allowed to make worth the punishment of the first instance. And so I ´d only disadvantages by taking back the appeal.
I should get to know by chance just seven years later, when I researched for www.unsere-justiz.com, that I ´d had the possibility to make a petition during one week after the trial by §§ 44 45 StPO (German criminal law code) "Wiedereinsetzung in den vorigen Stand" (re - appointment to the former condition). My lawyer abstained willfully from advising me for this matters, althoug I ´d asked him to do so.
I feared acts of revenge of the authorities and so I intended to keep calm for the following three years until the periode of probation was ended. Later it should became clear, that my corresponding cares were not been unfounded at all.
I want to admit that also my behaviour was not correct at that time. I would had to denounce the female judge because of extortion respectively the public prosecutor and my lawyer because of aiding and abetting. But I hadn´t the necessary courage to do so because of the periode of probation. At that time I ´d been totally unknown in publicity, I was a nobody who didn´t want to incur such a risk. I ask for your intelligence.
The consequences of the judgement were terrific for me. I lost my occupation at the insurance company and couldn´t find a new job because of the previous conviction certified in my referece. I appreciated that no possible employer could be able to understand the background of the matters happened. After the periode of probation was ended, I was at the age of 45 too old to get a new job. I ´d to spent my fortunde and than I ´d to go to the relief office, therefore I should be blamed for at all.
The periode of probation had been ended and so I intended to inform people about the matters happened. So I wrote letters to about 50 different newspaper and television editors, but it seemed that nobody wanted to be engaged in the affair, because the church was also affected. At the meantime the evagelical clergyman ... lost his old parish he ´d managed about 21 years and he was transfered in a neighboring town.
So I published by myself and I edited flyers at first which I ´d distributed. The reactions of the clergyman, the church district Herne, and the big brother of the clergyman were verhement.
The big brother of the clergyman ordered at once a real injunction and emnjoined the distribution of the flyers intended by me in the smaller town of the rural district Mettmann. I informed the citizens about the real injuction in my forth flyer. Not later than now the Jugendamt (Youth welfare office) of the twon ... had to realize that it had made immense mistakes during the investigations, which could possible danger the security of people. But the Jugendamt (Youth welfare office) refused to draw conclusions. The Jugendamt (Youth welfare office) threatenend me with an denunciation because of offence in order to make me silence.
Very well, the matters ended in a harmless way. But, please imagine, what could ´d happend, if the big brother of the clergyman misused little children in reality after than? It would not been investigated twice and an immense damage was resulted. It was my intention to find witnesses in order to clear up matters happened. But nobody was interested in this theme.
The lawyer of the church district Herne denunciated me and applied the guardenship - court in order to make me silent. My statements could people make to leave the church and "I could inflict immense losses to the church". The threatening with the psychiatry or placing under control is obviously a general usual porpose in our country in order to intimidate people. But the guardenship - court discontinued proceedings against me already soon. After than I denunciated the lawyer of the church district and the Superintendent becauce of offense. But the public prosecutor´s office of Bochum discontinued its investigations amoung other things, because the lawyer had only protected authorized interests of the church. Are you allowed to commit criminal delicts by order of the church consequently?
The evangelical clergyman ... reacted by himself very irritated in a surprising way. At first he tried to make the ploice to stop the further distribution of my flyers, but the police didn´t got the legal possiblities to do so.Than the clergyman called his lawyer and than he denunciated me at the police. His lawyer ordered a real injunction against me.
Why did the evangelical clergyman ... asked his lawyer at first and why he did not denunciated me at once, especially the time pressed? There is only one possible explanation: My statements were true! Besides them the evandgelical clergyman ... had never neglected the evading of taxes at all - what he would could have done, if he was innocent in reality - , neither at his denunciation nor at the police, nor in the article of his local newspaper he spread about me, nor later at the trial.
I ordered a contradiction against the real injuctions. The civil court at the local court Herne (Amtsgericht) told me in a very clear way that it was not possible by law to forbid my publications about the affaire. Besidem the the civil court was not in doubt of the thrustworthyness of my pubications. Only the respected persons are not allowed to be veryfied.
By the way, it will be possible to dissent. A clergyman is in his sphere a so called "person of public life" - comparatively with a burgomaster - about who may be reported of course by telling his name. ...what will be about, if there is only allowed to publish textes liked be the confounded persons? CENSORSHIP!
In the late summer of 2000 I ´d a talk from face to face with the attorney of the public prosecutor´s office of Bochum, who investigated me in this case. I told him about the thrustworthymess of my publications. He answerded: "Ich weiß nicht, ob das Verfahren gegen Sie eingestellt wird. Ich rate Ihnen, die Veröffentlichungen zu unterlassen." (I don´t know, wheter the investigations against you will be discontinued. I guess you to stop your publications). One day later the policy confiscated my computer which I ´d used to make the orioginal copies for the flyers. My complainment against the confiscation was refused. But also the very new attempt to make me silence should fail. Soon I could start again my publications with the help of friends and now I used also the internet.
Nevertheless the public prosecutor brought an action against me. Fortunateletly I could lean money in order to pay a new lawyer. The new lawyer was at least as much honorable to inform me about the true grievances at the justice of West - Germany in a talk from face to face. He was not surprised at any kind about the matters happend I reported, when judge ... threatened me with the psychiatry: "Da sind Sie eben umgefallen!" ( Than you ´ve stopped to hold your ground!"). One day before the ne proceedings should took place the lawyer threatened me to give up his brief, because "Sie beschuldigen Richterin ... eine Rechtsbeugung begangen zu haben." (You are incriminating the female judge ... to have caused a perversion of right). He wanted to stay inactive during the trial one day later and he wanted only to intervene, if principes of a legal state will be hurted.
I had been forsaked by my lawyer, and so it was very painful for me to to maintain my right by himself during the trial at the local court of Herne. The same judge was havin jurisdiction who ´d condemned me already in 1996. It was clear, that I ´d not got a chance to get a fair trial. He condemned me to an imprisonment of probation because of alligated calumny. After the proceedings my new lawyer said to me: "Sie sind unschuldig. Ich werde für Sie Berufung einlegen. Das kann ich noch für Sie machen." (You ´re innocent. I will appeal for you. That´s the thing I want to do for you.)
Also the poor civilian courage of lawyers grew me angry. I ask the question about the sense of the administration of justice, if there is really nobady you can trust, even the onw lawyer you ´ve money to do his job.
But also the public prosecutor appealed against the judgement and asked for my punishment because of calumny without probation, althought the trustworthyness of the content of my publications were known to him.
A new assigned defensor was was recommended to me for the coming trial of appeal at the district court Bochum (Landgericht Bochum), which should took place about a year later. The assigned defensor said the text of my flyers would not be relevant criminal, but I ´d offended against rules of the press - laws because of my blame of evading taxes and I couldn´t pprove that there had been a legal judgement against the clergyman. The lawyer told me he wanted to contact the court and the poblic prosecutor´s office to stop the trial of appeal, if I disclaim my appeal. I followed his advice so much more as I ´d got the impression that the lawyer would not be interested in engaging for my case at all, if I wouldn´t do so.
But this deals failed obviously - the trial of appeal took place. During the proceedings the public prosecutor had only been willing to take back his appel under the condition that I promise tp stop my publications finally. I did so, and the judgement of the first instance of the local court Herne (Amtsgericht) became legal.
But it will be superfluous to tell you that I didn´t kept my promise to stop the publications. I ´d promised the matters only by tactical reasons, because the public attoney had demanded my imprisonment and therefore I saw no reason to keep my promise.
The feud of the follwong years
I started to collect prooves for a retrial. The authorites did everything they could do in order to hinder the clearing up of the events of the trial at the district court of Bochum (Landgericht) at April, 8th 1997. The name of the expert of the criminal investigation office Northrhine - Westphalia (Landeskriminalamt Nordrhein Westfalen) who ´d examinated my type - writers was not intimated to me. The hearing of the lay assessors of the trial at the April, 8th 1996 as witnesses I ´d solicited multiple was denied without arguments. The Commitée on Petitions of the parliament of Northrhine - Westphalia (NRW Landtag) denied my petitions. "Auf die Begründung der Ablehung haben Sie keinen Rechtsanspruch." (You have not got a legal claim to hear arguments for the neglection of your petitions). I demanded a retrial at the local court Hagen (Amtsgericht Hagen). (Hagen is competent for retrials of the local court Herne and and revers.) But the local court Hagen denied my demand by formal legal reasons. I couldn´t pay for a new lawyer, because I was on the dole.
My demands should soon reach the size of a telephone book of a big city - the authorities got sour... Here you can read the details.
The upper district court of Hamm (Oberlandesgericht) decided at Oct. 21th 2003 that erything had been all right with the trial of April 1997. But as a precaution I was not informed about that there are not any further German legal remidies against this decision. Otherwise I would had brought an action against the Federeal Republic of Germany at the European Court of Human Rights in Strassburg. The authorities wanted to prevent obviously such a shame.
Further complainments of me were neglected at all. Therefore I intended to to enforce the fine about 5.000,-- DM I had to pay during the years 1997/8 to the German Alliance for the Protection of Children (Deutscher Kinderschutzbund) in order to reach the hearing of the law assessors of the trial of 1997 demand by me.
Since April 2004
At April 13th I demanded to pay back the fine against the German Association for the Protection of ChildrenIch the Herner Kinderschutzbund. Therefore the Kinderschutzbund didn´t considered to be in favor to answer my letters, I sent three further writings of reminding. Than I got a letter from the judge of the local court Herne (Amtsrichter) who ´d condemned me in 1996 for the first time that I should abstain from writing letters to the Kinderschutzbund, because I would not got legal claims for repaying the fine at that time. Further than the judge gave notice, that the prosecutor´s office of Bochum will check the "criminal relevance" of my demands.
I ´m the opinion that fines belong principially to the anonymous public treasury and not to the hand of some "social organisations" which are anyway unserious for the most part. And so the suspect could not arise that judges and public prosecutors advantage themselves at spending of fines organisation favored by them or accept even slush - funds at all. Nevertheless my researches resulted that at least in Herne the Kinderschutzbund is favored disproportinonately at the spending of fines, during organisation making a senseful work are often let out in the cold.
I got a letter from our local commissariat and called in this case Mr. commissary ... . I told him that I wanted to expresss myself only by letter against the local court Herne (Amtsgericht). Already at the end of November 2004 I receceived the the plaint in which the female public prosecutor ... containing an alleged confession to be "a proove of offence" of me. The female public prosecutor had lied! In reality I ´d denied the perpetration in my letter of evidence to the local court Herne (Amtsgericht).
Fortunately I could find very fast an assigned defensor. Mr lawyer ... from Bochum said: "That will be nothing. If somebody wants to blackmail, he will not acte so obviously. I think the investigations will be discontinued." But at first it had been ordered another judge for the trial of the first instance at March 125th 2005, but than the old judge, who ´d condemned my already innocent twice, took over the case. It was clear that I should have no chance to stand against him, although he ´d had no doubts at the thrustful blames against the femal judge ... : "The female judge ... was well known for her rude methods." ("Richterin ... war für ihre rüden Methoden allgemein bekannt.") (wordly quotation of the judge of the local cort). The public prosecutor of Bochum said: "It is an impertinence to demand money from the German Association for the Protection of Children (Deutscher Kinderschutzbund). The German Association for the Protection of Children is short of cash and had spent the money already elsewhere." ("Es ist eine Unverschämtheit vom Kinderschutzbund Geld zu verlangen. Der Kinderschutzbund ist knapp bei Kasse und hat das Geld schon anderweitig ausgegeben.") (wordly quotation). So it had been clear, that it was dealing with a political trial. Ich was condemend to an imprisonment of four month without probation. I appealed against this judgement and announced in the internet that I would demand for political asylum in Switzerland in case of my condemnation in the second instance. My new lawyer: "For heaven´s sake! Risk of escape!" "Um Himmels Willen, Fluchtgefahr!" (wordly quotation). Switzerland jonined the threaty of Schengen already at Jan. 1st 2007, until than I could ´ve got political asylum there.
But the court wanted to avoid the further escalation of the conflict. After the second date of trial I was discharged at Nov. 6th 2006.
Dec. 19th 2006: I denunciate the female public prosecutor ...
I denunciated the female public prosecutor because of calumny in her declaration. Because I respected the public prosecutor´s office of Bochum to be prepossessed I solicited invain at the upper district court Hamm (Oberlandesgericht Hamm) to order another public prosecutor´s office with the investigations. And so I should receive at Febr. 9th 2007 a letter of the public prosecutor´s office of Bochum: "I ´ve checked the matters you ´d reported, but I cannot see a criminal behaviour of the female defendant. Even in case that the female defendant had been in error during writing the declaration regarding you didn´t wanted to accept the subjective fact, there would be existent only a careless and therefore not - punishable behaviour. And so the investigation had to be discontinued by § 170 Abs. 2 StPO (code of criminal procedure." ("...den mit Ihrer Strafanzeige vorgetragenen Sachverhalt habe ich geprüft, vermag danach jedoch ein strafbares Verhalten der Beschuldigten nicht festuzustellen. Selbst für den Fall, dass die Beschuldigte bei Abfassung der Anklageschrift hinsichtlich des Umstandes, dass Sie die subjektive Tatsache nicht einräumen wollen, im Irrtum gewesen sein sollte, läge allenfalls ein fahrlässiges und mithin nicht strafbares Verhalten vor. Das Ermittlungsverfahren war daher gemäß § 170 Abs. 2 StPO einzustellen..." I complained of this decision immediately, but the general pzblic prosecutor of the upper district court Hamm (Oberlandesgericht Hamm) denied by letter of March 25th 2007. Reasons were not called like usually.
But it will be clear of course that it is not possible to calumniate somebody in a careless way, if you may impute that the female public prosecutor had done her job orderly as she ist obligated and is able to understand the German language correctly. But the female public prosecotor was not punished because of her lies.
It will be only a matter of time by my point of view that I will become a victim of the justice at once. Therefore I wrote in autumn 2007 my application for political asylum in Canada, because I want to leave the Federal Republic of Germany as fast as possible to protect my security.
As far to the matters happened at Jan 19th. 2009
A view to the future
I ´ve checked the legal situation. My prooves are sufficient in order to receive political asylum in Canada. But it has to be sucured that the Canadian state will not be involved by charges at all. I can restore my solvency by the selling of my scenario "The Ruhrpottclan", a satore about the Ruhr district, or by finding of Canadian sponsors (five private persons or one organization) which are willing to pay för my substistence temporary. There I would give them a generous share of my income of the later commercialization of the affair.
Thank for your interest , Joachim Kossmann