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CEED - Conseil Européen des Enfants du Divorce
association de parents enfants et grand-parents victimes d'enlèvements et de rapts internationaux d'enfants

 

 

The French Ambassador to South Africa
Mr Denis Pietton
Embassy of the Republic of France
250 Melk Street
Cnr Middle Street
New Muckleneuk,
Pretoria 0181
france@ambafrance-rsa.org

03.03.08

Re: Further to the open Letter to President Nicolas Sarkozy in regards the practices of the German Jugendamt

Dear Sir,

in regards to international child abduction to Germany and the cultural allienation and human rights violations that routinely follow at the hands of the Jugendamt and the German family courts I present you with the following case information, information that is typical of all cases involving international child abduction to Germany that I am familiar with and that goes into many hundreds of cases.

The case history I am presenting to you is my own case history, a case history that has been very well documented and published, it has all of the key elements of the routine, systematic and deliberate violation of fundamental freedoms and human rights as well as the deliberate denial of justice common to all cases of child abduction to Germany.

My two South African born children were unlawfully abducted from Durban South Africa and taken to Germany (This fact I am sure of as my brother was at the time a senior lecturer of law and judge in the supreme court of South Africa). The first proof that I had that my children were in fact in Germany is when a letter arrived at my address in Durban, South Africa from the Jugendamt Wilhelmshaven written in German making demands for child support for my two children who had been unlawfully kidnapped and illegally taken out of South Africa. Children who were being unlawfully held hostage in Germany.

All attempts over a period of six months to gain access to my children both via the Jugendamt Wilhelmshaven and a German attorney were unsuccessful. I therefore travelled myself to Germany only to be arrested and intimidated by the German police on my arrival in an obvious attempt to intimidate me.

I was finally granted a court order to see my children under the supervision of the German Jugendamt, this court order was translated in a most inhuman manner by the Jugendamt Wilhelmshaven into me being locked up in a small second storey room with two persons to guard me for about half and hour before my children were finally brought into the room under guard and the room was again locked from the outside as if I were a criminal. After an hour the door was opened again the children removed, I was again locked up with the two guards for about half and hour. This was clearly a deliberate criminal act that had been carried out against me, this was clearly a gross and deliberate violation of my fundamental freedoms and human rights.

Numerous court hearings and many different German attorneys later, German attorneys who were clearly in collusion with the court and the Jugendamt to deny me and my children justice. They only wasted my time travelling to and from Germany not to mention the money that it cost me. During this time I had to endure constant harassment by the police in Wilhelmshaven on behalf of the Jugendamt Wilhelmshaven (I saw it myself in the Jugendamt file) It was attempted to intimidate me into never ever returning to Germany, to forget that I had ever had children, using the services of Police officer Has of the Wilhelmshaven Police. As result of me reporting this incident to the South African Government and refusing to be intimidated ( for instance I was told I would have drugs planted on me and would be arrested and jailed if I ever returned to Germany) I travelled to Germany in April 2000. On my arrival I was arrested on the charge of Beleidigung as a result of my report to the South African government who officially asked for an explanation. As a result of this arrest I was tried and found guilty in my absence without me being notified of the hearing without me being defended, that is German Justice for you in the year 2000, it is no different to German justice in the year 1940.

Finally in July 2001 I went to Germany to enter into a hunger strike at the Alexanderplatz Berlin together with Olivier Karrer and others to make our grievances known to the German government and the world. While in Germany I decided to stay to legally represent myself in court in Germany until I had gained an acceptable judgement that considered both the legal rights and fundamental freedoms and human rights of both of my children. This in fact did not happen we were blatantly and deliberately denied all our rights. In fact Judge Eberhard Carl of the Federal Ministry of Justice in Berlin on two separate occasions told me that he would personally see that I never get to have contact to my children because I had dared to publicly embarrass Germany in particular my publications via the electronic media.

Firstly I had one almighty battle to gain access to my family court file. When I finally did it was only too obvious to me what had been going on behind my back for five and a half years. My attorneys had cleanly sold me down the river they had clearly made deals behind my back with the family court judges and Jugendamt to deliberately deny me and my children justice. There were many remarks in the file including a full page report made by Judge Blohm as evidence to prove my allegation.

At this point I must add that the attorney representing the German parent who had unlawfully abducted the children to Germany in the first instance Dr. Uwe Biester MdL is a local CDU politician. At the time he was both a member of the Wilhelmshaven City Council were he had direct political influence over the Jugendamt making recommendations to the family court, secondly he was a member of the Parliament of the State of lower Saxony where he was and still is a member of the Justizprüfungsamt where he has direct involvement when it comes to appointing and promoting Judges and making legal policy for the State of Lower Saxony again a direct conflict of interests which would be illegal punishable with a prison sentence in South Africa, New Zealand , Great Britain and most if not all other civilised western nations.

When it was clear to all in Wilhelmshaven that the balance of power and the law was now clearly on my side all those involved in the theft of and cultural allienation of my children clearly had to embark upon a new strategy to prevent me access to them.

In obvious criminal collusion the attorney /politician Dr Uwe Biester CDU MdL, the Jugendamt Wilhelmshaven and the family court judge Staubwasser hatched a plan to get me out of circulation and out of their hair for ever. They hatched the plan to have me declared mentally incompetent. Judge Staubwasser issued a court order to have me mentally investigated by Dr. Heinz Winterscheid of the Landeskrankenhaus Wehnen. In his order to Dr. Winterscheid he left no guesswork as to what he wanted in the psychiatric report that he had ordered. Privately I was warned by an insider at the Landeskrankenhaus Wehnen that the plan was to get me to the Landeskrankenhaus for the evaluation where Dr Winterscheid would have me restrained and would shoot me full of psycho-drugs. He would then declare that I had become violent, that I had become mentally insane and was a danger to society giving him the right to commit me to a closed psychiatric ward. As a result thereof I would be stripped of all my legal rights to act on my own behalf, Judge Staubwasser would then be free to appoint a curator to represent my legal interests. Me out of the way. Problem solved. Fortunately I am not stupid. With this knowledge at my disposal I wrote to the court giving days and times that I could present myself for evaluation and that I would be accompanied by a psychiatrist of my own choosing and that we would digitally (film) record the entire proceedings and enter a copy thereof into the family court file. The result thereof was that Dr Wintersched and the court could not allow this to happen, I had upset their conniving plans to get me out of circulation. As a result judge Staubwasser simply and blatantly made a court order instructing Dr. Winterscheid to make a psychiatric assessment of me in my absence without ever having spoken to me without ever having seen me.

The report attached was duly made and it stated all that judge Staubwasser had indicated he needed to prevent me access to my children. Dr Uwe Biester the law and order watch dog for the State of Lower Saxony saw nothing wrong in exercising this massive misuse of authority, he saw nothing wrong in this deliberate denial of justice in this massive violation of fundamental freedoms and human rights. Clearly nothing has changed in Wilhelmshaven since former time when this sort of this can so publicly occur and no one cares a damn.

What had happened in Wilhelmshaven came to the attention of a retired German psychiatrist Dr Klempel who had practised psychiatry for many many years in South Africa. Dr Klempel knows my culture and is fluent in English putting him in an excellent position to make a true and accurate assessment of my mental health.. We spoke for many many hours on the phone on a umber of occasions, he travelled to Wilhelmshaven were he spent over six hours with me he then interviewed neighbours and spoke to friends of my children. In his report also attached he paints a very different picture of my state of mental health to the tailor made one done by Dr Winterscheid to the order of Judge Staubwasser. An evaluation of both reports is more than enough to convince even a layman of the criminal collusion that has transpired to deny me and my children their legal rights to violate our fundamental freedoms and human rights.

On receipt of the Psychiatric report done by Dr. Klempel I made application to the court in Wilhelmshaven to review my case in light of this report. Today some three years later having put extreme pressure to bear on the family court to have this matter dealt with has produced no result whatsoever., The court simply refuses to proceed. Obviously if they did so they would prove their own criminal collusion with Dr. Uwe Biester, Dr Heinz Winterscheid, Richter Staubwasser and the Jugendamt Wilhelmshaven. Here you can see only too clearly how willing German Psychiatrists are to oblige the courts in making false allegations to deny justice on request, this clearly shows the total lack of ethics of members of the profession, when I reported the matter to the appropriate body I got no response whatsoever. They simply were not interested. Again their lack of response is no different to 1940.

A more blatant total denial of justice could not possibly have taken place any where in the world, what makes the matter even more shocking is that this information is widely known in political and government circles in Germany, in particular the German Chancellor and Federal Justice Minister, not to mention Dr Pöttering President of the European Parliament. This case is widely reported on around the world, Germany simply does not care. Germany simply does not care about the thousands of other cases just like mine. The only difference between my case and the others is that I am fluent in German and I have refused to be intimidated. I have refused to be intimidated into keeping my mouth close in fear of reprisals and even the possibility of assassination. I have made my case public because the world must finally hear what is going on in Germany in the year 2008, that nothing has changed since 1933.

Surely it is now time for change in Germany when such disgusting criminal collusion can occur with the full knowledge of those in power, where the legal watchdog for the State of Lower Saxony deliberately criminally colludes with judges of the family court and others, to further the interests of his own law practice Biester und Kollegen, Bahnhofplatz 5, 26382 Wilhelmshaven and his own financial gain. No wonder I now have had to turn to the European Parliament to the French President and the world to try to put an end to these blatant systematic denials of justice and Hunan rights violations that are being committed on a daily basis in Germany just as they were back in 1933 to 1945.

Yours faithfully

Michael Hickman

135 Torquay Avenue
Durban 4052
South Africa
Tel: +27 82 0612593

Attachments

So called Psychiatric Report done by Dr Winterscheid
Psychiatric report done by Dr Klempel

 


 
 
CEED ECCD - Conseil Européen des Enfants du Divorce - European Council Children of Divorce
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