"Safe Conduct?"

zgrams at zgrams.zundelsite.org zgrams at zgrams.zundelsite.org
Wed Apr 19 10:36:05 EDT 2006






Good Morning from the Zundelsite:

Every single response to my tentative announcement that I was 
considering going to Germany to testify in Ernst's trial as to the 
ownership of the Zundelsite has been a horrified:  FOR HEAVEN'S 
SAKES, DON'T GO!!! 

The best response, I think, came from a supporter who simply wrote on 
a white sheet of paper:  "Come into my parlor," the spider said to 
the fly ---" 

So don't worry - I won't do anything foolish or reckless.  Which does 
not mean this invitation can't be turned around and used to our 
advantage. 

At any rate, especially for those of you who have had legal training, 
here is the letter I received.  Your feedback is sought and invited. 

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Certified translation from German into English language

Landgericht Mannheim
[Mannheim Regional Court]

Case Number: 6 KLs 503 Js 4/96

Criminal proceedings against Ernst Zundel
on suspicion of incitement to hatred and violence against segments of 
the population [Volksverhetzung] and other [penal provisions]

Dear Dr. Rimland:

The Mannheim Regional Court is considering examining you as a witness 
in the criminal proceedings against your husband, Ernst Zundel.  The 
primary facts in issue are the setup and ongoing operation of the 
Internet site "Zundelsite.org."  As an American citizen, you are 
certainly not obligated to appear following a summons from a German 
court in Germany.  Moreover, no coercive measures may be imposed upon 
you.  The court may, however, attempt to achieve your summons or your 
examination through officials in the USA by means of judicial 
assistance.

I should like to inform you in advance, however, that pursuant to § 1 
No 2 of the German Code of Criminal Procedure [Strafprozeßordnung 
(StPO)], as the wife of the accused you have the right to refuse to 
testify anyway.  In other words, even if you were examined by 
American officials by means of judicial assistance, you would not 
need to give any testimony in the matter.  Pursuant to § 55 Para. 1 
StPO, you also have the right to refuse to respond to such questions 
if answering them would place either yourself, a family member, or 
your husband in danger of prosecution for a criminal act.  Based upon 
suspicion of your joint responsibility for the "Zundelsite.org" Web 
site, the Mannheim Public Prosecutor's Office is also currently 
conducting investigative proceedings against you on suspicion of 
incitement to hatred and violence against segments of the population, 
according to a notice from the Mannheim Public Prosecutor's Office. 
Given the current state of affairs, it is hard to conceive of 
questions to which a response would not place you or your husband in 
danger of criminal prosecution (primarily on suspicion of incitement 
to hatred and violence against segments of the population pursuant to 
§ 130 of the German penal code [Strafgesetzbuch (StGB)].  You would 
therefore be fully entitled to refuse to give testimony pursuant to § 
55 StPO.

In the present criminal proceedings against your husband, therefore, 
you could be examined in the matter only if you are prepared to give 
testimony.  The court therefore requests that you notify it as to 
whether you are prepared to give testimony as a witness in the 
present criminal proceedings against your husband, or whether you are 
invoking your right as a witness to avoid self-incrimination pursuant 
to § 52 StPO  or your right to refuse to divulge information pursuant 
to § 55 StPO.   In this case, all further attempts to obtain 
testimony from you would be pointless.

If you are prepared to testify, however, then an examination in the 
main proceedings before the Mannheim Regional Court at a date to be 
determined would be the first option.  The court would insure your 
safe conduct for this purpose, i.e. you would not be in danger of 
being arrested or otherwise bothered in relation to the 
aforementioned investigative proceedings by the Mannheim Public 
Prosecutor's Office.  The expenses of your travel and accommodation 
would be reimbursed.

If you are not prepared to appear for examination in person before 
the Mannheim Regional Court, examination via a videoconference link 
would also be possible.  You would then travel to an as yet 
undetermined location in the USA, such as a German consulate in your 
vicinity, and the sound and image of your testimony would be 
transmitted to the courtroom.  If you are not prepared to do this, 
then there is the final option of having a consular official conduct 
your examination on commission.  Your personal testimony in Mannheim 
or examination via videoconference link would be preferable, however, 
because the participants in the proceedings, including your husband, 
would then have the opportunity to address questions directly to you.

In conclusion, I therefore request your response to the following questions:

1.  Are you prepared to give testimony in the criminal proceedings 
against your husband before the Mannheim Regional Court on suspicion 
of incitement to hatred and violence against segments of the 
population [Volksverhetzung] and other penal provisions, or do you 
refuse to give testimony based upon the aforementioned rights und § 
52 and § 55  StPO ?

2. If you are prepared to give testimony,

a. are you prepared to appear as a witness (with a guarantee of safe 
conduct) before the Mannheim Regional Court at a date to be 
determined, and to give testimony as a witness in the matter?
b. Are you otherwise prepared to participate in an examination via 
videoconference link and to give testimony as a witness in the matter?
c. Are you otherwise prepared to have a German official in the USA 
conduct your examination on commission and to give testimony as a 
witness in the matter?

I would like to point out that you are not obligated to answer these 
questions.  In the interest of expeditious handling of the present 
criminal proceedings against your husband, which would surely also be 
important for you since your husband is in pretrial detention, the 
court would be very thankful if you would show your cooperation by 
answering the questions listed above.  Otherwise the court must 
consider an attempt to approach you through officials in the USA by 
means of judicial assistance.

Sincerely,

Dr. Meinerzhagen
Presiding Judge of the Landgericht [Regional Court]

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