Тhе Ԝеіⅿаr fаⅿіlу сοurt јuⅾɡе Ⅽhrіѕtіаn Ⅾеttⅿаr hаԁ οⅴеrturnеԁ соrоnа ⅿеаѕurеѕ іn ѕсhоοlѕ bу ⅿеаnѕ οf а tеⅿроrаrу іnјunсtіоn. Ηе ԝаѕ ѕеntеnсеⅾ fοr thіѕ аnⅾ hаѕ lοѕt hіѕ ϳuԁɡеѕhір.
Article by Milosz Matuschek, originally from “Freischwebende Intelligenz”
“In fact, the selection that the class mercilessly carries out among the judges is more dangerous and worse than among the Reichswehr, which is related to them in spirit. In both cases, there is a clear co-option: the group chooses whoever adapts to the group spirit - always suitable, never heterogeneous elements. This begins with the Judicial Review Commission and continues with the fine sieve of the personnel officers. The result is this judiciary.”
- Kurt Tucholsky, German Judges (commentary, 1927)
Christian Dettmar was a family court judge in Weimar when the coronavirus measures reached schools: Compulsory masks, distancing rules, testing. He had doubts, did his duty and made a courageous decision: he obtained expert opinions from professors and issued a temporary injunction prohibiting infection control measures at two schools. The entire decision is well-founded and 178 pages long. Dettmar saw the infection control measures as a threat to the welfare of children. As we know today and could have known back then: rightly so.
The decision was later overturned by another court. A gauntlet was thrown down for Judge Dettmar, the lawyers involved in the proceedings and the experts: Searches of homes and offices, confiscation of cell phones, computers and documents. Dettmar was charged with obstruction of justice and sentenced to two years’ probation. The Weimar judge has thus lost his judicial office and all pension entitlements. Obstruction of justice is a crime, with a minimum sentence of one year, which almost automatically results in the loss of the judgeship. The Federal Court of Justice recently confirmed the conviction, the reasons for the judgment are still pending. It will be interesting to see the reasons. In the eyes of the court and the public prosecutor’s office, Mr. Dettmar is a kind of activist who has abused his judicial office and created a case for himself in order to deliberately issue a decision in violation of the law.
What exactly is Judge Dettmar supposed to have done wrong? He did not break the law. Instead, he broke a subliminal taboo that has spread throughout the judicial system (and everywhere else), namely that critical questions are unwelcome in times of pandemic and that the opinion of the pro-government expert regime is sacrosanct. How right he was in hindsight is shown by today’s admission, even by politicians involved, that school closures were not necessary or that they overshot the mark here and there. The minimum consensus of the mini reappraisal simulation in Germany at the moment is that during covid a lot went wrong when it came to children. “With the knowledge of today”, it is said, this would not have been done. However, what should be possible without any problems in Germany, a state governed by the rule of law: “With the knowledge of today”, punishing those who knew in advance back then with hindsight. Sounds suspiciously like an unlawful state.
It’s a tremendous joke in the history of German justice that makes people abroad shake their heads: A judge has summoned independent experts who were right and now the judge is being sentenced. Meanwhile, the rest of the judiciary delivered a coronavirus ruling that went no deeper than the version of what is supposed to be “science” (and wasn’t, see the RKI files). The entire judicial apparatus has failed in the pandemic, has rejected requests for evidence on the study situation and research into the evidence base, misjudged constitutional dimensions and ultimately blindly adopted the erroneous opinion of a media-created, unelected “nomenklatura expert council”. In other words, those who have done their job wrong explain to those who have done it right what is going on. And exclude one of their own from their guild for doing so.
Being right and getting right are two different things. Judge Dettmar had to be made an example of, because his decision made the continuous violation of the law by his fellow judges obvious. If the majority breaks the law and someone wants to restore it, then this act must be punished. According to Tucholsky, this has been a proven practice in Germany for 100 years. The RKI files confirmed that there was no evidence base for mask-wearing. The social distancing requirement was an arbitrary instrument invented by Anthony Fauci that was adopted unquestioningly by German politicians. The evidence-free policy of measures, which had exceeded its public shelf life at the latest with the leak of the RKI protocols (which should not have gone unnoticed by the Federal Court of Justice), is being legally preserved in a vacuum. An unprecedented act of disregard for reality by the highest court of law.
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Judge Dettmar has not broken the law. As a family court judge, he must take action if there is a threat to the welfare of a child. He has investigative powers like a public prosecutor. Where were the other family court judges? Why aren’t they being prosecuted for inaction? Christian Dettmar was certainly not the only lawyer to have doubts about the proportionality of the corona measures. Dettmar wrote in his decision, which is well worth reading:
“According to this principle, also known as the prohibition of excessiveness, the measures intended to achieve a legitimate purpose must be suitable, necessary and proportionate in the narrow sense - in other words, when weighing up the advantages and disadvantages achieved with them. The measures that are not evidence-based, contrary to Section 1 (2) IfSG, are already unsuitable to achieve the fundamentally legitimate purpose pursued with them of avoiding overburdening the healthcare system or reducing the incidence of infection with the SARS-CoV-2 virus. In any case, however, they are disproportionate in the narrower sense, because the considerable disadvantages/collateral damage caused by them are not offset by any recognizable benefit for the children themselves or third parties”.
It will be interesting to see the reasoning (and it should be detailed, please) as to why Judge Dettmar’s application of the principle of proportionality, which runs through the entire legal system, was intentionally erroneous. - Judge Dettmar averted harm to third parties, in this case children - and this is supposed to have damaged the administration of justice? What is the administration of justice there for if not to protect the legal interests of others? - Judge Dettmar has summoned experienced experts, professors at German universities. How does the public prosecutor’s office justify the fact that these experts are somehow marginal or show one-sidedness? Conversely, how should the reflexive reference by the rest of the judiciary to “the RKI” or “science” in pandemic matters be assessed?
Does the public prosecutor’s office determine who is capable of being satisfied as a scientist in Germany and who is not? And if so, on the basis of what expertise equal to that of the parties involved? Where such deficits in reasoning arise, it starts to smell: politics is up in the air. Judge Dettmar is aware of the interface between the judiciary and politics. He was once a public prosecutor himself and dealt with cases of ex-GDR/SED injustice. As the irony of fate would have it, he was in charge of legal proceedings in the same department that is now prosecuting him. Dettmar now knows all the roles in court proceedings from his own experience: prosecutor, judge, defendant. And now also: victim of justice. At some point: a rehabilitated man. In fact, he is one thing above all: a role model.
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