studiolegaleinternazionale

Diary

LETTER TO PUBLIC PROSECUTOR OF STUTTGART: 8 February 2010:; Staatsanwaltschaft Stuttgart; Public Prosecutor Stuttgart; Neckarstraße 145; 70190 Stuttgart; Germany; poststelle@stastuttgart.justiz.bwl.de; Fax: +49 (0) 711 921 4009; 8 February 2010; Dear Sirs:; Investigation into the deaths of Ulrike Meinhof, Andreas Baader, Gudrun Ensslin and Jan Carl Raspe to be treated as murder.; We write with regard to the above matter and request that your office in the spirit of fairness and correctness open an investigation into the deaths of the above in 1977, notwithstanding the passage of time, into what must be properly investigated in a fair and impartial manner.; The brief facts of the matter are as follows.; On 9 May 1976, in Stammheim Prison, Ulrike Meinhof was found dead in her cell, hanging from a rope made from jail towels. A preliminary and summary investigation concluded that she had hanged herself.; On 13 October 1977, Lufthansa Flight 181 from Palma de Mallorca to Frankfurt was hijacked. A group of four Arabs took control of the plane (named Landshut). The leader introduced himself to the passengers as "Captain Mahmud" who would be later identified as Zohair Youssef Akache. When the plane landed in Rome for refueling, he demanded the release of the prisoners held in Stammheim, plus the release of two Palestinians held in Turkey and payment of US$15 million.; The Government of Chancellor Helmut Schmidt, decided not to give in. The plane flew on via Larnaca to Dubai, and then to Aden, where flight captain Jürgen Schumann, whom the hijackers deemed not cooperative enough, was brought before an improvised "revolutionary tribunal" and executed on 16 October. His body was dumped on the runway. The aircraft again took off, flown by the co-pilot Jürgen Vietor, this time headed for Mogadishu, Somalia.; A high-risk rescue operation was led by Hans-Jürgen Wischnewski, then undersecretary in the chancellor's office, who had secretly been flown in from Bonn. At five past midnight (CET) on 18 October, the plane was stormed in a seven-minute assault by the GSG 9, an elite unit of the German federal police. All four hijackers were shot; three of them died on the spot. Not one passenger was seriously hurt and Wischnewski was able to phone Schmidt and tell the Bonn crisis team that the operation had been a success.; Half an hour later, German radio broadcast the news of the rescue, to which the Stammheim inmates listened on their radios.; On 18 October 1977, in Stammheim Prison, Andreas Baader was found dead with a gunshot wound in the back of his head and Gudrun Ensslin was found hanged in her cell; Jan Carl Raspe died in the hospital the next day from a gunshot wound to the head. Irmgard Möller, who had several stab wounds in the chest, survived and was released from prison in 1994.; Rote Armee Fraktion or the Red Army Faction (RAF) was a quasi German terrorist organization often called the Baader-Meinhof Group or Gang. It is without doubt that during the 1970 it was responsible for over 30 deaths and countless bombings. When arrested the ‘gang members’ were held in solitary confinement in the newly-constructed high security Stammheim Prison in the north of Stuttgart. There was no possibility of any contact between the prisoners after 4pm when they were locked in their cells.; The official inquiry concluded that this was a collective suicide, and investigations showed that the inmates' lawyers were able to smuggle in weapons and equipment despite the high security ostensibly maintained at the prison. In 1979 two defence lawyers were indeed tried and convicted for smuggling weapons. However, the lawyers had been unable to meet with their clients after 6 September 1977 due to the Kontaktsperre order. That must per se exclude such a possibility.; Hans Joachim Dellwo (brother of prisoner Karl-Heinz Dellwo) and Volker Speitel (husband of Angelika Speitel) testified that ‘guns were smuggled into the prison’ and accused defence lawyers. Both had been arrested on 2 October 1977, and charged with belonging to a criminal association; under pressure from the police they subsequently admitted to acting as couriers and testified that they were aware of lawyers smuggling items to the prisoners during the trial. Their testimony was, however, at best tainted because they provided it in order to avoid lengthy prison sentences and received reduced sentences and new identities.; Andreas Baader was, according to the summery investigation, supposed to have shot himself in the base of the neck so that the bullet exited through his forehead, yet, repeated tests indicated that it was virtually impossible for a person to hold and fire a gun in such a way. In addition, three bullet holes were found in his cell: one lodged in the wall, one in the mattress, and the fatal bullet itself lodged in the floor, suggesting that Andreas Baader had fired twice before killing himself. Finally, Andreas Baader had powder burns on his right hand, but he was left-handed. Jan Carl Raspe, however, showed no signs of powder burns.; You will no doubt agree that it is highly improbably that guns were smuggled into a high security prison and even more remotely improbable that three deaths overnight two by gunshot wounds is seriously not plausible. We also understand that at the time it was the policy of the Schmidt Government to resolve the RAF problem regardless of methods. However, it cannot be permitted that murder by the State, in a country such as Germany with its historic past, can be permitted to go unchallenged.; It follows that of the documents we have been privy to and the ballistic tests carried out do not coincide with the preliminary investigation results in the late 1970’s. It may be that the citizens of Germany at that time cared little to nothing but unfortunately the methodology of resolving the RAF problem was, is and remains too closely associated with methods adopted by the then German Government between 1930 to 1945.; It is for these reasons that with the passage of time we must ask that you hold a proper investigation into the matter, with if necessary the appointment of a special counsel with a mandate to investigate all the evidence. There is further the question of the authorizations of the removal of the brains of Andreas Baader, Ulrike Meinhof, Gudrun Ensslin, and Jan-Carl Raspe removed for study at the Neurological Research Institute at the University of Tübingen. Quite aside from such and the results which showed that Ulrike Meinhof was brain damaged since 1962 and may well have been unfit to plead at her trial, a matter not considered by the trial court, there is further the question of who gave leave to take a death mask of Andreas Baader. There is further, the most serious question as to how regardless the brains of all of the four mentioned are now apparently ‘lost’ and without proper explanation.; We refer you to Article 1 of the Constitution of Germany: “Article 1 (Protection of human dignity). (1) The dignity of man inviolable. To respect and protect it is the duty of all state authority.”; We refer you to Article 2(2):” (2) Everyone has the right to life and to inviolability of his person. The freedom of the individual is inviolable. These rights may only be encroached upon pursuant to a law.”; We refer you to Article 17 (Right of petition). “Everyone has the right individually or jointly with others to address written requests or complaints to the competent authorities and to the representative assemblies.”; In our respectful submission, notwithstanding the passage of time, and based upon our own investigation and upon Art.17 of the Constitution of Germany please accept this letter as our formal request to open a proper, fair, and more important impartial investigation into what we deem alleged murder of the four as above for the reasons stated.; We are attaching a copy of this letter to H.E. The Minister of Justice and we await your urgent response.; Yours sincerely; STUDIO LEGALE INTERNAZIONALE; GIOVANNI DI STEFANO
STATEMENT FROM GIOVANNI DI STEFANO ON THE DEATHS OF THE Rote Armee Fraktion in 1977: 7 February 2010:; "On 9 May 1976, in Stammheim Prison, Ulrike Meinhof was found dead in her cell, hanging from a rope made from jail towels. An investigation concluded that she had hanged herself.; On 13 October 1977, Lufthansa Flight 181 from Palma de Mallorca to Frankfurt was hijacked. A group of four Arabs took control of the plane (named Landshut). The leader introduced himself to the passengers as "Captain Mahmud" who would be later identified as Zohair Youssef Akache. When the plane landed in Rome for refueling, he demanded the release of the prisoners held in Stammheim, plus the release of two Palestinians held in Turkey and payment of US$15 million.; The Government of Chancellor Helmut Schmidt, decided not to give in. The plane flew on via Larnaca to Dubai, and then to Aden, where flight captain Jürgen Schumann, whom the hijackers deemed not cooperative enough, was brought before an improvised "revolutionary tribunal" and executed on 16 October. His body was dumped on the runway. The aircraft again took off, flown by the co-pilot Jürgen Vietor, this time headed for Mogadishu, Somalia.; A high-risk rescue operation was led by Hans-Jürgen Wischnewski, then undersecretary in the chancellor's office, who had secretly been flown in from Bonn. At five past midnight (CET) on 18 October, the plane was stormed in a seven-minute assault by the GSG 9, an elite unit of the German federal police. All four hijackers were shot; three of them died on the spot. Not one passenger was seriously hurt and Wischnewski was able to phone Schmidt and tell the Bonn crisis team that the operation had been a success.; Half an hour later, German radio broadcast the news of the rescue, to which the Stammheim inmates listened on their radios.; On 18 October 1977, in Stammheim Prison, Andreas Baader was found dead with a gunshot wound in the back of his head and Gudrun Ensslin was found hanged in her cell; Jan Carl Raspe died in the hospital the next day from a gunshot wound to the head. Irmgard Möller, who had several stab wounds in the chest, survived and was released from prison in 1994.; Rote Armee Fraktion or the Red Army Faction (RAF) was a quasi German terrorist organization often called the Baader-Meinhof Group or Gang. It is without doubt that during the 1970 it was responsible for over 30 deaths and countless bombings. When arrested the ‘gang members’ were held in solitary confinement in the newly-constructed high security Stammheim Prison in the north of Stuttgart. There was no possibility of any contact between the prisoners after 4pm when they were locked in their cells.; The official inquiry concluded that this was a collective suicide, and investigations showed that the inmates' lawyers were able to smuggle in weapons and equipment despite the high security ostensibly maintained at the prison. Noone was however, ever charged with such offences.; The questions however, that require a proper answer are for example how could Möller to have herself inflicted the four stab wounds found near her heart? Further, how could at least two guns have found their way into the prison with ammunition? Andreas Baader was found dead with a gunshot wound to the ‘back of his head’ whereas the majority of suicides point a gun into their mouths or to their foreheads hardly ever to the back of the head. That is more consistent with murder.; Everyone is entitled to the protection of the law. Having seen the crime scene photographs and the layout of Stammheim Prison and a copy of the post mortem reports I am writing to the Public Prosecutor in Stuttgart to re-open an investigation into the deaths of Ulrike Meinhof, Andreas Baader, Gudrun Ensslin and Jan Carl Raspe to be treated as murder. The passage of time and the rather more ‘open government’ of Chancellor Merkel may well allow finally the truth to be told."
IRAQ:PICTURES(2): 7 February 2010:; Dogs are an important part of everyday life in Iraq and are used more and more for law and order. Here they are training.
IRAQ:PICTURES(1): 7 February 2010:
IRAQ:PICTURES: 7 February 2010:
Christos Christodoulides:- Success!!!: 5 February 2010:; “ The withdrawal of the European Extradition Warrant against my client Dr Christos Christodoulides is the most sensible act and decision undertaken by the British Prosecuting Authorities since this whole saga came to light. It however, leaves more questions unanswered than requested and the withdrawal of the warrant now leaves the only arena left to air our grievances against what was a politically motivated ‘persecution’ and not prosecution namely the Court of Appeal, Criminal Division. My client pleaded guilty in the United Kingdom under considerable pressure and invariable by doing so spared the British Government considerable embarrassment. He was and remains innocent of the allegations against him notwithstanding that he has in fact served his entire prison sentence imposed upon him making his quest for justice one more of principle than practice. It would be equally wrong for me or my colleagues to say much more save that this whole process has been of some strain to my client and his family who have supported him throughout. The quest for what is right continues in another jurisdiction and my client is determined now to see that justice is not only done but seen to be done. In this matter a number of people require my personal thanks: Pavlos Christodoulides the young and brilliant lawyer who has carried out his job not only as a lawyer but an advocate with skill and determination; Dr David Thomas QC whose opinion was essential to clarify the law in the UK; Mr Michael Wolkind QC the trial counsel who will continue the fight for what is right in the UK; and I must not exclude our adversaries at the Crown Prosecution Service who have abided by the code of conduct as prosecutors and taken the right decision under the circumstances; and of course to the whole family of my client that have maintained the tradition set by Archbishop Makarios the founding father of Cyprus namely to support one another. This case involves not only matters of essential public importance in the administration and practice of law but matters of considerable public scandal a scandal that was hidden by the persecution of my client and but for fate would have remained buried. The time however, is close to revealing the full story that will without doubt ensure that there be a reversal of judgment in this case."; GIOVANNI DI STEFANO; ------------------------------------------; GIOVANNI DI STEFANO: " This was a case that was frankly absurd and am so glad that we were able to have the warrant withdrawn as it may have been a hard fight for the Prosecution in the Cyprus Supreme Court. This case is one of what I would call 'hot potato' politically because the whole matter rests upon who knew what between 2001 and 2004 in the issue of visas to Romanian citizens. Beverly Hughes resigned over this but many political figures knew what was going on despite being warned by the British Embassy in Bucharest. Mr Christodoulides did nothing wrong and yet spent 3 years 9 months in jail before the Governor of the prison in England handed him his passport to keep in possession and a day's parole. With 11 days to serve my client decided not to complete the 11 days and went home to Cyprus. By doing so he saved the reputation of OTHER far higher political figures than Minister Beverly Hughes who too was a sacraficial lamb. The documents of course as to who knew what are of course with us and we await now an appeal to the court of appeal in England to see whether my client was coerced into pleading guilty or not. What is strange however, is that Romanian visa 'scam' shall we call it was wholly with the cooperation of the Home Office and noone else was prosecuted but my client who at last however, justice has been done. The CPS in this matter have behaved wholly correct and adhered to the code of conduct expected. If there is no chance of success DON'T! Its a good lesson to other prosecutors. Finally, despite the abysmal manner my client has been treated he is not bitter. It is what distinguishes a man from a fool. My congratulations to my client who although we still have a good fight on in England can now lead a normal life and get back to his profession as a lawyer."; File: click to download
INTERVIEW WITH Correio Braziliense: 1 February 2010:; 1-- First of all, why did you decide to ask an inquiry opening against Tony Blair? In what ways do you believe he is guilty for carrying the Iraq invasion? REPLY: It was important that an enquiry of some sort had to be held and since 2007 I have pressed the government but more so since an affidavit from Taha Yassin Ramadan came to light proving that all the ex Iraqi regime were interrogated in an unlawful manner and some tortured. That is what started things off then of course I took the decision to indict Tony Blair for ofences contrary to the Geneva Convention Act and I will ask for his arrest shortly. The Attorney General is reviewing my filed criminal charges. I attach a copy of the indictment and case summary.; 2-- Tony Blair defended the decision of going to war, According to him, he and Bush new Saddam was a risk and that the calculus of risk changed after September 11. How do you see the fact Blair justified the invasion citing September 11 attacks? REPLY: Blair is a good actor and good at mendacity. There is and can be NO justification for attacking Iraq. 27 lawyers at the Foreign Office said attacking Iraq was illegal. Lord Goldsmith said it was illegal then changed his mind. I have had his advice for a long time and I never released it in the hope he would be truthful, he has chosen not do as Blair has chosen to adopt mendacity as the norm.; 3-- According to him, there was no way of leading with Saddam by diplomatically ways. At the same time, told he would not have acted against Iraq if he thought Saddam's government had not weapons of mass destruction. Blair told the fear of repressive states linking up with terrorist groups justifies action against Iraq. What is your opinion about that? REPLY: I was in Iraq in 1998 and knew Saddam Hussein personally before the illegal attack. I never even saw a gameboy Nintendo in Iraq never mind weapons of mass destruction. They had none. Richard Butler knew, I talked with him in 1998 as did Hans Blix. But Blair wanted regime change for oil not for protecting the Iraqi people. More people have died as a result of post occupation activities than before. There is limited running water, sewer system destroyed, no electricity, no gas, and worse still LIMITED petrol for cars….and every day bombings…Blair is responsible with Bush and he will face justice.; 4-- From all the hearing of Blair, what kind of his speeches (words) most surprised you and why? REPLY: His speech in 2003 that if Saddam and his sons left the country the UK / US would give them safe passage and not attack Iraq. He would have killed them, as were murdered the sons of Saddam and that was when he confirmed that it was about regime change.; 5-- While Saddam Hussein was in the jail, did he talk to you about Blair decision to go to the war? Did he mention Blair's name? If yes, what did he tell you? Also, do you believe Saddam's execution was a killing perpetrated also by Blair? REPLY: No the name Blair/Bush only came up in by the way. He regarded them as ‘boys’ not men. Remember Saddam is the longest ruler ever in Iraq whilst Blair/Bush only lasted eight years…the execution/murder of Saddam we all knew, he knew he had to die. Who is responsible? We are all responsible because we all, including me, could have done more from long before but chose to believe that our political leaders would never do anything as what happened in Iraq.; 6-- In your point of view, what would be the results of this inquiry? Does exist some chance of Blair suffer some kind of punishment? What punishment, in your point of view? REPLY: Blair has no conscience. His punishment is obscurity. Jail or execution is too good for him.; 7-- Analizing Iraq's invasion, what were the counsequences of the war, in your opinion? REPLY: The consequences of occupying Iraq have caused and continue to cause a flow of blood in the Euphrates and Tigris river and it has been the principle cause of the financial meltdown of banks worldwide. The US have spent 3 Trillion dollars on Iraq. Do you know how much that is? If I gave you $100 MILLION dollars a day it would take 86 years for you to spend 3 trillion. The banks liquidity and financial meltdown are the consequences, collateral damage to all in the world via the banking system.; File: click to download
I MOURN THE DEATH OF JEROME DAVID SALINGER: 29 January 2010:; Well I guess it was inevitable because at some stage we all have to die. J D Salinger though I thought would never die. In 1974 I had the pleasure of meeting him in New York. I was as snotty nosed kid and he a famous author that had written 'The catcher in the Rye.'I actually had the audacity to ask him for the film rights to the book! Yes, to ask J D Salinger for the film rights to his book! I had the nerve. Well, the answer was as expected and the film has never been made because he guarded such like Fort Knox. I kept up a short correspondence with him until I think 1980 or something when it was obvious that Mr Salinger was never going to give the film rights. Now the better question in anyone's mind is this: assuming Mr Salinger had said YES, what would a snotty nosed kid of (then) 19 would have done with the rights? I knew it would be asked. Well, that year I had been to Universal Pictures in Los Angeles and asked (I can't remember his name but I know he had blonde hair and was polite)a producer if they would make the film if I obtained the rights and would they let me (a snotty nosed kid of nineteen) write the script? The answer was amazingly YES and it is what led me to asking Mr Salinger. Oh well, nice memories. HOWEVER, now Mr Salinger is dead the rights to the book will be part of the estate owned by his two children. I wonder if I dare repeat history????? Maybe I will ask Margeret Salinger his daughter? It would be a blockbuster of a film....; ps. the complete story is in my autobiography which I hope will be out this year...
IRAQ: THE GRAVE OF MR AL MAJID (CHEMICAL ALI): 28 January 2010:; The grave of Ali Hassan al-Majeed in Awja village near Tikrit, north of Baghdad. Mr Ali Hassan al-Majeed, known as "Chemical Ali" for his supposed use of poison gas against minority Kurds, was buried late on Tuesday near his cousin, former Iraqi President Saddam Hussein. For my part may he rest in peace finally as certainly it was his wish to die. His execution remains to me unlawful and a disgrace as to how it was carried out.
IRAQ: US UNIVERSITY IN BAGHDAD: 27 January 2010:; Some kind of normality has to prevail and even in Iraq despite a terrible situation students graduate and here Chris Hill the US Ambassador with student from the American University in Baghdad. Some small normality.
IRAQ: SNOW SNOW SNOW: 27 January 2010:; Its not so often but now and again its snows...just 200 km north of Baghdad it is snowing and children as in all other countries play in the snow....makes a nice change.
IRAQ: PICTURES SPEAK LOUDER THAN WORDS(7): 26 January 2010:
IRAQ: PICTURES SPEAK LOUDER THAN WORDS(6): 26 January 2010:
IRAQ: PICTURES SPEAK LOUDER THAN WORDS(5): 26 January 2010:
IRAQ: PICTURES SPEAK LOUDER THAN WORDS(4): 26 January 2010: