.
From:
Martin Mitchell (Australian citizen resident in Australia), Adelaide, SA
communication from Australia of which today about 65 years old German home child Martin Mitchell , who, although in 1946 Born in Berlin, then called "stateless" was a teenager in the 1960s forced laborers in the Moor (sometimes including agriculture) in the Federal Republic of Germany, had to work hard for the church on behalf of the state, without being paid for it.
Emigrated with about 17 ½ years on from Germany to Australia 23-24. March 1964. Since 1986, Australian citizen.
Daily English since 1966 (Martin Mitchell has not received higher education and no university education, neither in Germany nor in Australia).
To:
Univ. Prof. Dr. Annette Guckelberger
University of Saarland
"Prof. Dr. Annette Guckelberger" a.guckelberger @ mx.uni-saarland.de
LIABILITÄT - barred compensation claims from forced labor ?
CHURCHES :
DEK = German Evangelical Church / Inner Mission / Diakonia
EKD = Evangelical Church in Germany / Diakonia
Relevant on this issue - which concerns the Church - are well and the Extraordinary Brüdertag , on the 15th June 1933 in Treysa took place and from which the " Treysa commitment " / " Treysa Agreement " / " Treysa Convention " emerged and what of all this, and other more ' binding rules ' between church and state and show church and state.
RKK = Roman Catholic Church / Caritas / Catholic religious
Relevant to this question - which concerns the Church - are probably the most July 20, 1933 Reich Concordat, signed in Rome Concordat and the law implementing the Reich Concordat of 12th September 1933 and what emerged from it and what other additional ' binding rules ' between church and state and show church and state.
LIABILITÄT - obligation / responsibility / liability / debt
(ie what is owed !)
children in care, the time between 1945 und1949 in the Western occupation zones of Germany and later, between 1949 - 1992 in the Federal Republic of Germany, have forced labor must be paid for it without asking
LIABILITÄT - barred compensation claims from forced labor ? related to
of the used to rank the answer to this question in the Internet, was » " prescription "+" forced labor " « «« .
The issue raised by the Australian Martin Mitchell topic : Limitation in Public Law --- compensation claims from forced labor .
A question of LIABILTÄT :
Does the State in Germany, in a sense not always take full responsibility for the acts and omissions of its churches ?
Limitation in Public Law
taken from the Internet @ http://books.google.de/books?id=wSwwbHCKY3EC&pg=PA146&lpg=PA146&dq =% 22Verj % C3% 22% 2B% A4hrung 22Zwangsarbeit% source% 22 & = bl & ots =- P7M 9prwO & sig = 3iB0ycG6by8mwlXt41u-KQEMOso & hl = en & ei = BixNTZ_TO5G3cfySqfsF & sa = X & oi = book_result & ct = result & resnum = 5 & 0CDQQ6AEwBA ved = # v = & q =% onepage 22Verj% C3% 22% 2B% A4hrung 22Zwangsarbeit%% 22 & f = false
excerpt from
» Limitation in Public Law
By Annette Guckelberger
second Part: The period before 1 January 2002
[ Page 146]
differential treatment of these claims. 91 generally very likely to prevail today, the view that the Privligierungen the state and its organs with respect to limitation of property rights claims are not justified. 92
differences in the legal assessment of the limitation of property rights Claims may very well result from the fact that they are due to different development themes. At best, this is shown by example that was discussed at the statutory embodiment of draft rules on limitation for administrative law governing Württemberg. Fines and other consequences of criminal assets, such as the recovery in spite of their economic rights Charkters not like the usual proprietary claims in administrative law, but statute of limitations because of the criminal objectives which they purpose to criminal law principles. 93 opinion of the Senate of the Federal Social Court It is left to the resolution of the legislature, whether it certain rights, for social reasons or because individuals are afraid, before each use, simply wants to waive the statute of limitations. 94 it would be conceivable, for example, to refrain from moral considerations of a limitation period for claims for compensation for the forced labor of prisoners of war . can 95 Consequently, from the granting of a pecuniary claim various legislative purposes pursued quite imprescriptibility one or at least a different legal assessment of a right rooted in the civil pecuniary claim arising. Therefore, the predominantly encountered Verjährbarkeit general statements on a financial claim in public law are too general. Today, we are often not aware that in particular the pre-modern society, the idea of a limitation skeptical stand96 and the introduction and refinement of the statute of limitations is based ultimately on a decision of the
[ Page 147 ]
competent authorities. If even with the entitlement to property rights Public Law, the trend has long been in the direction Verjährbarkeit, this does not mean that individual claims can not be excluded from its scope.
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95 See for limitation of these claims Külpmann DÖV 2001, 417, 422; for the possibility of imprescriptibility of civil compensation claims of forced labor Safferling / Zumbansen JR 2002 6, 9. After Kadelbach , state responsibility, p. 90 can be given the satisfaction function deducted from compensation claims consider völkerechtliche claims , caused by crimes against humanity , at least not during the lifetime of the statute of limitations for victims to see . «« «
Online total of the relevant pages 143, 144, 145, 146 and 147 and pages 150, 152, 153 and 145 of this work" Limitation in Public Law "with all accompanying footnotes / references given and insightful bar. As for the footnotes, is here by Australian Martin Mitchell now but a mere footnote 95 listed.
And there, in this work " Limitation in Public Law ," it goes on and on (and on the relevance of pages 733 ff and 773 ff) ... all very complicated for a layman who simply do not work out and what may apply now, and under what circumstances, what does not.
In view of the Australian Martin Mitchell - a layman - but is furthermore, with reference to further literature, noted, arguing :
The crime of not prosecuting crime, which correspond to the weight of human rights violations, no statute of limitations, and such crimes that correspond to the weight to human rights violations be barred not just !
AMAZON @ http://www.amazon.co.uk/Strafjustiz-DDR-Unrecht-Rechtsbeugung-Teilband-Dokumentation/dp/3899492412
Criminal Justice and DDR wrong: broke the law - Part Volume 2, Volume 5: Documentation
● Hardcover: 568 pages
● Publisher: law de Gruyter Verlags-GmbH (Oct 2005) ●
Language: German
● ISBN-10: 3899492412
● ISBN-13: 978-3899492415
More specifically @ http://books.google.de/books?id=ojEm8hAJZikC&pg = PA1010 & lpg = PA1010 & dq =% 22Nichtverfolgung + of + crime% 22% 2B% source 22Rechtsbeugung% 22 & = bl & ots = rg-uBOJPgU & sig = voxXo1gTKmKll8xgKjg9YCICneg & hl = en & ei = J_9HTb_BHoffcZ-g1f0C & sa = X & , oi = book_result & ct = result & resnum = 1 & 0CBMQ6AEwAA ved = # v = & q =% onepage 22Nichtverfolgung% 20of% 20Straftaten% 22% 22% 2B% 22Rechtsbeugung & f = false
Criminal Justice and DDR wrong: Documentation, Volume 5, Part 2
By Klaus Marxen, Gerhard Werle
[ digital ] Page 1010 and Page 1011 :
» But systemic non-prosecution of crimes can be broke the law. Such a case was already based in the BGHSt40 , 169 printed decision. [... ] The Senate has more in that case, which is comparable to the present, largely influenced by the question that the illegality in speech standing decision is so obvious that it appears automatically as an arbitrary act . This is especially considered if this act for the coexistence of people corresponds to its weight after a human rights violation . Beyond that, it is particularly on the degree of lying, in fact, breach of duty . In addition, can also the value of the - have touched on the legal interests and finally the severity of the consequences of the act importance - beyond the legal interest of the perversion of justice . At this scale to measure the cases are , which is apart from the pursuit of criminals in order to achieve desired political goals (cf. already BGHSt 40 169, 181). {14} «« « [ even a quote from the Supreme Court Judgement of Federal Supreme - BGH , 5 StR 652/96 , Judgement of 21/08/1997 --- The whole sentence is given in full text @ http://www.hrr-strafrecht.de/hrr/5/96/5-652-96.php3?referer=db --- And see also diesbetreffend necessarily the high court Judgement of the Bundesgerichtshof - BGH 5 StR 713/94 , Judgement of 15.9.1995 (LG Berlin) Full text @ play http://www.hrr-strafrecht.de/hrr/5 / 94/5-713-94.php? referer = db ]
These and similar rulings by the Federal Court , in the opinion of the Australian Martin Mitchell, of course, not limited only to offenses committed not pursued not followed up and gross human rights violations committed in the former GDR !
And if such and similar not pursue crimes committed , the weight for a human rights violation in accordance , PERMIT they theoretically , (where such a systemic broke the law after July 1, 2002, committed ), now even before the ICC ( International Court of Justice / International Court of Human Rights ) are pursued.
can before domestic courts, however, all crimes that for purely "political reasons" or of "socio-political Reasons were "not sanctioned before, and to the weight to a human rights violation in accordance ( the statute of limitations pursuant to the decisions in several judgments of the Federal Court not ! ) be pursued.
TAGS / LABELS unlimited : GERMANY, compensation claims, compensation claims for forced labor, children in care, barred compensation claims for forced labor, commitment, responsibility, liability, guilt, what is owed, Martin Mitchell, Martin Mitchell Australian citizen resident in Australia, foster child, German resident, German home child Martin Mitchell, stateless, youth, forced labor, forced labor in the bog, agriculture, had to toil in the Federal Republic of Germany, church, Church on behalf of the state work hard, paid, without having to be paid, emigrated, Germany, Australia, Australian citizen, English, higher education, no high school education, university education, no university education, Univ. Prof. Dr. Annette Guckelberger, Annette Guckelberger, University of Saarland, LIABILITÄT, LIABILITÄT - Limitation of compensation claims arising from forced labor, CHURCHES, DEK, German Evangelical Church, Inner Mission, Diakonia, EKD, Evangelical Church in Germany, Extraordinary Brüdertag 15 June 1933, Treysa, Treysa confession Treysa agreement Treysa conventions, rules, mandatory rules, Church and State, Church and State regulations between state and church, Roman Catholic Church, Roman Catholic Church, Caritas, Catholic nun, 20 July 1933, 20 July 1933 in Rome, signed in Rome Reich Concordat, Reich Concordat Concordat Act, Act Concordat on the implementation of the Reich Concordat, 12 September 1933, zones of occupation, 1945-1949, Western occupation zones of Germany, 1949-1992, have to do forced labor, limitation Forced labor, a lay, lay, Australian Martin Mitchell, the limitation period in the civil law, responsibility, omission, claims, Privligierungen of the State Privligierungen the state and its institutions, limitation of property rights claims, not to justify, assessment, legal assessment, limitation of property rights claims, limitation rules, administrative law, common property ownership rights in administrative law, according to criminal law principles, the Great Senate of the Federal Social Court, claims for social reasons, resort to moral considerations, limitation of compensation claims for the forced labor of prisoners of war, granting of a pecuniary claim, imprescriptibility, scope, scope, other than the scope can be excluded, for the possibility of imprescriptibility of civil compensation claims of forced labor, Safferling Zumbansen, Kadelbach, government accountability, satisfaction function of claims, crimes against humanity, völkerechtliche claims völkerechtliche claims resulting from crimes against humanity, statute of limitations, during the lifetime of the victim, not to see, also, literature, crime, Non-prosecution of crimes that correspond to the weight to human rights violations, non-prosecution of crimes that correspond to the weight to human rights violations, no statute of limitations, criminal offenses, crimes that correspond to the weight to human rights violations be barred as not, criminal justice and DDR wrong perversion of justice, law, criminal justice and DDR wrong documentation, Klaus Marxen Gerhard Werle, Klaus Marxen, Gerhard Werle, systemic non-prosecution of criminal offenses, systemic non-prosecution of crimes may be the law, the law, BGHSt40, Supreme Court Judgement, BGH 5StR 652, BGH 5 STR 713, decision, illegality, arbitrary, human rights violation, its weight to a human rights violation corresponds to breach of duty, the measure of lying, in fact, breach of duty, the legal interests of the law, the severity of the consequences of the act, in case ... it was decided which of the prosecution of offenders in order to achieve politically desirable goals, judgments of the Federal Court had not established, committed crimes, not pursued serious human rights violations, systemic violation of the law, ICC, International Court of Justice, International Court of Human Rights, human rights, national courts, political reasons, socio-political reasons
CROSS REFERENCE : » Fact: Almost all forms of forced labor and all forms of slavery under international law CRIMES, if accepted by a State or not " @ http://heimkinderopfer. blogspot.com/2011/01/fakt-ist-fast-alle-formen-von.html (Original publication: 22 Januarr 2011)
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Everyone can also HERE a pertinent comment in this FORMER CHILDREN'S HOME BLOG 1 to these " HOME FOR CHILDREN. - Limitation of compensation claims for forced labor? --- Obligation / responsibility / liability / debt (ie what is owed!) "report - AND ALSO TO EACH OTHER IN THIS REPORT BLOG ! - give, and every such comment will then be HERE also visible to all readers.
comments = comments can of Post a Comment -click button in the footer of this Contribution are given (that is, use a scroll little bit down, where is the Post a Comment to find button).
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My [ie Martin Mitchell] own current signature: A hearing or proceeding without qualified legal counsel, the law is like a building without a foundation - a house of cards, and an indictment of every "democracy" und angeblichen "Rechtsstaat", wo versucht wird dies einzuschränken.
My [ ie. Martin MITCHELL’s ] own current signature: Negotiation with the perpetrators, your detractors and opponents without QUALIFIED legal counsel present and by your side throughout and at all times, and without reliance upon the law and jurisprudence, is like a building without a foundation – a house of cards, and any attempt at curtailment of these rights is clear evidence of incompetence, incapability and incapacity of a country’s "constitutionality" and it’s "democracy".
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" We must not wait until the freedom struggle, called treason '. "(Erich Kästner )
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