long version
22.03.2001
Todays first day of the trail ended after two hours already
The indictment was not read at court.
After the obligatory clearing of the identity of the accused, the
defence councillors Becker and Eisenberg criticised in the names of all
defence lawyers, a mistake in the proceedings by the court.
The defence councils were missing documents to question that the
responsible supplementary judges could indeed exercise the function of
associate judges. (A supplementary judge is supposed to replace an
associate judge in case of a sickness.)
During the preparation of the trial the associate judge Alban,
criticised already the composition of the supplementary judges with the
president of the Superior Court of Justice - without response.
According to Article 19 of the German Constitution each accused has the
right to a lawful judge. The problem is, that an unlawfully composed court
offends Article 19 of the German Constitution as well as essential parts of
the Criminal Code and the court procedures. This means, that unlawfully
called supplementary judges could lead to an appeal of the courts
decisions.
The second important issue of the first court day was the health of
Sabine Eckle. The physician of the detention facility, Dr Friedmann, was
questioned as a witness. Friedmann confirmed a weight loss of Ms. Eckle
currently down to 43 kilograms, in additon to very severe migrane attacks.
The physician would not state a conclusion as she treated Ms. Eckle only
since Feb 28th, 2001. Defence council stated that obviously a
short term and comprehensive medical care could not be guaranteed in the
prison of Pankow.
Defence lawyer Edith Lunnebach criticised in the name of her defendant
as well as in the name of the other defence lawyers the security procedures
for the public and the plan of the presiding judge Henning, that the crown
witness Mousli will be protected by armed police in the courtroom.
She also opposed the practice of xeroxing ID's of all visitors and
observers. She stated there is no reason for this procedures and criticised
with the defence lawyers Kalek, Becker and Eisenberg, the militarisation of
the court case through the planned armed company of Mousli.
Defence council Kalek intervened at the end , pointing out, that the
international observers who attended in the court room, were not allowed to
take notes by confiscating pen and paper at the entrance. Accordingly, the
international observers from France, Great Britan, the Netherlands and
Switzerland stood up one after the other and crticised the measures of the
german justice as scandalous.
The court case will resume on Thursday March 29,2001, 9:15 sharp.
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