"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.
{START]
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]
[STOP]
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