Germany's Governments still have the powers which where used by the Nazis to direct the course of Justice - and make use of it today

A mainstream journalist of Sueddeutsche Zeitung has called out the German Governments for "perversion of law" by making use of instructing the Prosectors - like they do in the case of Professor Bhakdi

On May 23rd, 2023, Professor Sucharit Bhakdi MD, a distinguished scientist and prominent critic of experimental gene based injections, will be put on trial in Germany by the Chief Public Prosecutor of the State of Schleswig-Holstein.

The Prosecutor brought charges of "Anti-Semitism" and "Holocaust Relativization" after Professor Bhakdi had been acquitted of these very charges earlier.

Heribert Prantl, Member of the editorial board at Sueddeutsche Zeitung, one of Germany’s most established newspapers comparable to the Washington Post or New York Times has called out the German Governments for perversion of the law in a video from 2020 . He did not know the Bhakdi case then, of course, which is one of the most glaring examples of perversion of justice.

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Below is a transcript of Prantl’s statement:

There are things in existence which are impossible, which ought not to be allowed to exist. Yet, they do exist. They are even written into Law.

Even though this in itself is perverse for a constitutional democracy, which is founded on the balance of powers.

One such perversity is that the Public Prosecutor's office is bound by instructions of the Ministry of Justice. This is codiefied in the German Judicature Act, a law which was passed 140 years ago. [Those were the times of the Prussian Monarchy]

And this is the Law to this present day.

This Law was enacted to codify that Prosecutors are bound to directives of the states Ministers of Justice. It is up to the Ministers of Justice to direct that investigations be delayed, or expedited or dropped.

This is an intolerable state of affairs. The Judiciary shall be independent. That is what the German Basic Law says - but the Public Prosecutors are not!

Criticism of this intolerable state of affairs is brushed aside by politicians - brushed aside by saying such instructions to prosecutors would be "very rarely made use of".

This doesn't make it any better!

Why? It is exactly the delicate cases which are in need of independent judgement.

The German Association of Judges, which many German Judges and Public Prosecutors are members of, has just recently repeated its demand to abolish this power to issue instructions.

This demand is supported by the European Court of Justice and the European Commission. The ECJ has issued a spectacular decision but one year ago when it denied German Public Prosecutors the right to issue European Arrest Warrants because of the existence of the German power to issue instructions from the political authorities.

"Being bound by political instructions is a birth defect of the German Public Prosecutor's offices. This power of instruction is due to the government's desire to have control over the Penal Justice at any given time."

This is a quote from the "Juristenzeitung" (Journal of Jurists), and it was printed during the Weimar Republic.

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Authors
Uwe Alschner