Dienstag, 10. November 2009

Individualbeschwerde UN

Office of the United Nations
High Commissioner for
Human Rights
Palais des Nations

CH-1211 Geneve 10
Switzerland


betrifft: Individual complaint concerning the breach of the UN Convention on the Rights of Children by the Federal Republic of Germany for Leonie Wichmann, Born on March 26th, 2003 in Berlin, FRG; place of domicile since November 26th, 2008: not known, as she is kept hidden by the Youth Welfare Departments Oberhavel and Berlin-Spandau

Dear Sirs,

I, Birgit Wichmann, grandmother of the aforementioned child, hereby officially file an individual complaint because of the breach of the UN Convention on the Rights of Children by the Federal Republic of Germany with regard to my granddaughter Leonie Wichmann concerning the following articles of the convention:

-Article 2 – Respecting the Rights of Children; prohibition of discrimination
-Article 3 – Wellbeing of the child
-Article 4 – Realisation of the children’s rights
-Article 8 – Identity
-Article 12 – Consideration of the will of the child
- Article 16 – Protection of the private sphere and the honour
- Article 19 – Protection against the use of force, abuse, and neglect.

The hearings at the family court took place at the District Court Oranienburg/Land, FRG, under reference 32 F 273/05. Enclosed please find a short description of the case in English, the written statement of the Youth Welfare Department Landshut and the written statement of child psychologist Dr. Soldo, who attests that there was no reason to take Leonie out of our family, that Leonie wanted to stay with us, and that she will suffer psychological damage by being taken from her environment. The case at the family court is subject to voluntary jurisdiction.

The court hearings show the following faults:
- The appointed expert Mr. Waschke-Peter does not have the required expertise to draw up the necessary expert opinion. He has become known through the case Kutzner against the FRG at the European Court for Human Rights in Straßburg. The entire expert opinion consists of freely invented so-called facts and is based on situations which never happened.
- The petition to appoint a different expert was not granted.
- The court did not consider the counter expert opinion which was filed in the case.
- The court did not consider the expert opinion of child psychologist Dr. Soldo from Landshut, which was filed in the case.
- The Federal Constitutional Court of the FRG legally demands an expert opinion of a child psychologist to be brought to such cases. This did not happen.
- My statement that the mother of the child is physically unwell and not able to care for the child was not taken into consideration, despite the fact that five psychiatric expert opinions and two decisions of the respective country courts regarding the mother’s condition were filed in the case.
- Witnesses and statements in lieu of oath were not considered.
- The statements of the respective court assistant in the proceedings, Ms. Phyllis-Boldt, are freely invented (We can provide witnesses for the false statements). A petition to remove the court assistant on grounds of interest because of the false statements made was not granted.
- The appointed care taker of the child ordered the use of force against her in 2007. He ordered Leonie to be taken by force from our house in Ergoldsbach through the police and a bailiff.
- Leonie’s statement to want to stay with us was neither respected in the family court hearings in Germany nor at our arrest in Austria.
- Leonie’s refusal to keep up the contact with her mother as prescribed and the abnormalities in her behaviour which result from contact with her mother were not respected. A petition for help at the Youth Welfare Department Overhavel was not answered.
- After my arrest Leonie was immediately separated from me and kept in isolation in a crisis center at the 22nd district in Vienna.
- She was forced at the age of five and ¾ to drive back to Ornienburg, FRG, from Vienna. The drive took place in a car with a man who she had never met before, Mr. Piesche from the Youth Welfare Department Oberhavel. She has been kept hidden in Oranienburg by the Youth Welfare Department since December 1st, 2008. She has no social contacts, has to live in a country which is foreign to her, has to live with people who are foreign to her and any contact to her main care taker, her grandmother, has been strictly forbidden by the Youth Welfare Department for nine months already. Our petition at the European Court of Human Rights (reference 7868/07)was deemed inadmissible by the German judge Ms. Jäger after our arrest. She did not even take one look into the case files. Despite several petitions beforehand a decision about temporary domicile was not made. Thus, the violations of the Human Rights of our granddaughter were declared to be authorised and Leonie’s repatriation to the FRG was declared justified. The warrant of arrest by the FRG is based on a freely invented so-called criminal offense which never happened.

Yours sincerely

B. Wichmann

1 Kommentar:

  1. Hallo Birgit Wichmann,
    mich erreichen ständig Mails, die zu deiner Unterstützung aufrufen anlässlich deines Gerichtstermins am 25.11.09, aber ich habe keinerlei Behördenadressen oder Emailadresse von dir/Ihnen, ohne die Weiterleitung keinen Zweck hat. Bitte umgehend zusenden!
    Dagmar Neubronner
    bildungsfreiheit@genius-verlag.de

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