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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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