Reiner Fuellmich issues four written statements

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It has been almost one year since Dr. Reiner Fuellmich’s kidnapping from Mexico. In less than a week, it will be a year.

(Article by Rhoda Wilson republished from Expose-News.com)

Dr. Reiner Füllmich (or Fuellmich) has been in custody for nearly 12 months after being arrested at Frankfurt Airport on 13 October 2023. Since early May 2024, he has been kept in solitary confinement. And when he appears in court his wrists and ankles are shackled and the courtroom is under heavily armed guard.

“The security measures ordered during the trial and in the defendant’s pre-trial detention are reminiscent of the criminal trials of earlier years against the RAF [Red Army Faction] terrorists,” defence attorney Katja Wörmer said.

In written statements recently released by Fuellmich, he said he had been denied his right to freedom of expression during his hearings and the presiding judge, along with others, has engaged in the obstruction of justice.

AfA press release 23 August 2024: Immediate release of lawyer Dr. Reiner Füllmich

The following has been translated from German to English using an online translator.

Göttingen lawyer Dr. Reiner Füllmich has now been in custody for over 10 months [now nearly 12 months] after he was arrested at Frankfurt Airport on 13 October 2023. The maximum duration for pre-trial detention in Germany may in principle be “only” 6 months (§ 121 para. 1 StPO). “There are no special or important reasons for extending the pre-trial detention beyond the 6 months,” said defence attorney Katja Wörmer in a statement to the Lawyers for Enlightenment.

Dr. Reiner Füllmich had previously been “kidnapped” from Mexico, where he had been staying until then. There was only one German and one European arrest warrant against him. A lengthy international extradition procedure was to be circumvented. For this purpose, the Göttingen public prosecutor’s office worked closely with liaison officers from the LKA Interpol Lower Saxony and the Federal Criminal Police Office, who were on-site in Mexico. They exchanged views on the “pretext” under which “pretext” “Reiner Füllmich” could be “lured” into the Mexican consulate so that he could sign his passport and then have him arrested by the Mexican migration authorities. This was done trickily on 11 October 2023.

“The unlawful expulsion from Mexico without a valid legal basis has been pointed out several times by the defence and also by Dr. Reiner Füllmich himself, already in the first presentation date before the Göttingen District Court and later repeatedly during the main hearings,” said lawyer Wörmer. “The kidnapping of my client from Mexico to Frankfurt raises significant national and international legal questions that stand in the way of continuing his pre-trial detention,” explains Katja Wörmer.

In the Rosdorf prison near Göttingen, Dr. Reiner Füllmich is isolated from all fellow prisoners, he has to carry out the daily courtyard walks alone, and he is completely forbidden to talk or otherwise contact his fellow prisoners. He is only allowed to make phone calls to his defence attorneys if the other prisoners on his ward are in their cells. Private visits are limited to 3 hours per month.

But not only the questionable deportation of Dr. Reiner Füllmich from Mexico and the long pre-trial detention with disproportionate prison conditions, but above all the criminal trial before the Göttingen Regional Court on suspicion of embezzlement has long since gone beyond the usual framework of criminal proceedings under the rule of law. The defence is convinced that this is a purely political trial and that one of the most prominent critics of Corona measures is to be muzzled in the long term.

During the trial, the court suddenly exchanged the legal and factual prerequisites for criminal liability without giving the defendant a legal hearing. All motions for bias against the presiding judge and the other members of the criminal chamber were rejected.

All motions for evidence by the defence have so far been rejected except for the questioning of two witnesses invited by the defence in the self-loading process. Since the beginning of May 2024, the 5th Chamber of Commerce of the Göttingen Regional Court has refused to conduct a further hearing of evidence with exonerating evidence. In the past 3 months, all the witnesses proposed by the defence could and should have been heard to speed up the procedure.

Since mid-July 2024, motions for evidence and all other motions as well as the submission of procedural statements in the main hearing have only been possible in writing, i.e. there will no longer be oral discussions in the main hearing. All motions for evidence will only be brought to the attention of the members of the 5th Criminal Chamber in the self-reading procedure and the other parties to the trial in writing. Spectators and trial observers no longer have any insight into the material of the trial due to this strict court order of the written procedure. An oral presentation of motions or statements by the defence or dictation in the minutes has been excluded since this date. In this way, the supreme principle of orality and the public nature of the main hearing, which applies in criminal law, is circumvented and undermined.

Legally highly questionable security measures stipulate that Dr. Reiner Füllmich is brought to the court hearings handcuffed by his hands and feet (!), even under strict guard by police officers armed with machine guns. During court hearings, several emergency vehicles with armed police officers are regularly parked in front of the Göttingen Regional Court. “The security measures ordered during the trial and in the defendant’s pre-trial detention are reminiscent of the criminal trials of earlier years against the RAF terrorists,” criticises lawyer Wörmer. Proportionality is no longer maintained overall. An immediate release of the colleague Dr. Reiner Füllmich is overdue.

Public Demand: Immediate Release of Political Prisoner RA Dr. Reiner Fuellmich

After AfA’s press release above, they issued the following statement to the public.

Demand: After the publication of the AfA (Anwälte für Aufklärung – Lawyers for Enlightenment) press release demanding the immediate release of Dr. Reiner Füllmich, we have decided to enforce this demand through the public.

Explanation: Anyone who signs this demand will help Dr. Reiner Füllmich take another step towards freedom. It is obvious that he is a political prisoner (see press release [above] from AfA e.V.). And because the public is largely excluded from the chamber’s decisions in these criminal proceedings, we should leave no stone unturned to get Reiner Füllmich out of prison. Finally, as when the verdict is announced, as they say, “In the name of the people.”

In order to generate the greatest possible attention for this injustice, many people must sign this demand and spread it all over social media. This is crucial!

If you are brave enough, make a video calling for people to sign this demand and post it on your social media with the hashtag #FreeReiner and the link to the demand.

We will push your video via our channels.

Together we are strong.

[You can sign the public demand for Dr. Fuellmich’s release by following THIS link, scrolling down to the bottom of the page and entering your name and email address.]

Written Statements from Reiner Fuellmich

Elsa has been keeping readers updated about Fuellmich’s case on her Substack page. On Sunday she published an article noting where people can donate towards Fuellmich’s case, court dates, hyperlinks to articles of overviews of the case and written statements made by Fuellmich.

On 20 September, Fuellmich prepared four written statements that deal with the four central proceedings against him. These have now been uploaded onto his International Crimes Investigative Committee (“ICIC”) website. You can find a hyperlink to his statements HERE.

The four statements included in the one 27-page PDF document are:

Statement 1: The Abduction Disguised as a Mock Deportation.

Statement 2: A Timely and Complete Hearing is the Central Pre-requisite for a Fair Trial

Statement 3: Infringement of the Law through the Arbitrary Exchange of Facts and the Denial of the Right to Be Heard

Statement 4: Freedom of Opinion, Expression and Information in the “fight for justice”

The following are some of the arguments Fuellmich made in these statements.

An Abduction Disguised as a Mock Deportation

Statement 1 deals with the alleged abduction disguised as a mock deportation, where Fuellmich explains that the deportation order from the Mexican migration authorities does not apply to him and his wife, as they did not commit any of the six possible grounds for deportation listed in Section 144 of the Mexican Migration Act.

The German services, including the BKA (German Federal Criminal Police Office) and the Lower Saxony LKA (law enforcement agency in Lower Saxony), collaborated with the public prosecutor’s office in Göttingen to fake a deportation, allowing for his abduction in Mexico and arrest at Frankfurt airport.

Fuellmich argues that the authorities should have requested his extradition, which would have given him and his lawyers the opportunity to be heard by the Mexican authorities and potentially reveal the false and fabricated accusations.

According to an email from 24 August 2023, the BKA acknowledged that an arrest in Mexico would require a Mexican arrest warrant, which did not exist, and that extradition proceedings would be necessary. Fuellmich said that the German authorities did not pursue extradition proceedings because it would have revealed that the arrest warrant was issued without a valid basis and that the complainants had lied in their criminal complaint.

He asserts that his arrest in Mexico was not based on a Mexican arrest warrant, but rather on a German arrest warrant, which was issued without a valid basis.

He explained that he was kidnapped from Mexico and that an international court, the Common Law Courts in England, intervened and ordered his immediate release due to the lack of jurisdiction of the German court resulting from the abduction.

The Common Law Courts in England also awarded damages in Fuellmich’s favour, which he sees as proof that justice can be achieved outside of the system when it is perverted by system courts. He argues that the court in question is a genuine common law court that applies natural law, the same law applied in the Nuremberg trials and that justice will prevail based on the true facts brought to light.

A Timely and Complete Hearing

Statement 2 addresses the issue of a timely and complete hearing, which Fuellmich says is a central prerequisite for a fair trial. However, Fuellmich alleges, the public prosecutor’s office deliberately refused to grant him a legal hearing for over a year and three months, despite being in constant contact with the complainants.

The right to be heard in criminal proceedings is a special form of the right to freedom of opinion, expression, and information, guaranteed in Article 5 of the German Basic Law and the First Amendment of the US Constitution.

Fuellmich was only given a legal hearing one month after the indictment was written and three months after his abduction, which he claims is far too late, and he has not had the opportunity to properly comment on the accusations due to incomplete investigation files.

The public prosecutor’s office is withholding important information, including notes from at least 80 telephone conversations and relevant documents, which Fuellmich compares to the case of US actor Alec Baldwin, where similar withholding of information led to the dismissal of charges.

Obstruction of Justice and Freedom of Expression

Fuellmich believes that the public prosecutor’s office and the presiding judge have engaged in obstruction of justice by exchanging facts and denying him the right to be heard in the proceedings against him.

He says that the presiding judge, along with public prosecutors John, Recha, and Dr. Kutzner, have committed a criminal offence under Section 339 of the German Criminal Code by replacing the original accused facts with new, allegedly fabricated facts in May 2024.

On 17 May 2024, presiding judge Schindler of the 5th Grand Criminal Chamber of the Göttingen Regional Court issued a procedural order that Fuellmich believes was an unconstitutional attempt to undermine his defence work, using intimidation, false allegations and condescending statements.

The court and public prosecutor’s office are allegedly trying to prevent the true facts of the case from becoming known, culminating in the presiding judge ordering the proceedings to be conducted in writing, violating the principles of orality and publicity.

Fuellmich was not allowed to recognise which motions were made by his lawyers, and Viviane Fischer’s lawyer was not allowed to speak, leading to accusations of legal malpractice.

As Fuellmich argued, the accused must be guaranteed the right to freedom of opinion, expression and information to ensure a fair trial, which includes being made aware of all allegations and having access to the complete investigation file. The fundamental right to freedom of opinion, expression and information is enshrined in Article 5 of the German Basic Law and the associated Article 103, which guarantees the right to a fair hearing and to make statements in their case.

The presiding judge, Schindler, is also accused of obstruction of justice by arbitrarily exchanging facts and refusing to hear witness Viviane Fischer, which is a crime punishable by at least one year’s imprisonment according to Section 339 of the German Criminal Code (StGB).

Schindler’s actions, including cancelling the taking of evidence, not hearing witnesses, excluding the public from the proceedings and pronouncing a judgement without a public hearing, are seen as a clear case of obstruction of justice.

The main hearing centred around the accusation that Fuellmich, as managing director of the Corona Committee, had committed a breach of trust by taking out a private loan from Corona Committee donations and using it for personal purposes, including investing in his property.

However, it was established during the hearing that the content of the charge was false, and as managing director, Fuellmich was authorised to manage the company, including taking out a loan to temporarily secure part of the donations against imminent confiscation, which was covered by the business judgment rule of company law.

Despite this, the presiding judge dropped the initial accusation and replaced it with a new assertion that no loan agreements had been concluded, but rather a sham transaction agreement between Fuellmich and Fischer to conceal a trust agreement.

Fuellmich accuses the presiding judge at the Regional Court, Mr. Schindler, of seriously departing from the law and committing an elementary offence against the administration of justice, and believes that he is doing so deliberately.

He concludes that the behaviour of the presiding judge, the public prosecutor, Mr. John, and other parties involved in the trial amounts to an attempt to commit a joint violation of the law in conjunction with a qualified deprivation of liberty.