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Defamation Laws and Press Freedom in Germany
The upwards trend in the cases of "defamation" in Germany continues unabated, reaching 200.827 investigated cases in 2009. Whilst this trend, as merely a continuation of that, which has been observed over some years, was to be expected, there are some additional aspects, which need more discussion. An update on previous reports by the author is, therefore, being provided. An overview of the international situation regarding defamation is provided by Walter Keim. Since Breat Britain has now abolished its laws on defamation and France as well as Ireland have undertaken to do the same, this overview may be out of date on specific countries. It demonstrates adequately, however, how far Germany is becoming isolated as a state clinging to such laws.
Family Courts in Germany
"Mr. Bumble" (Illustration) is a satirical figure from the novel , "Oliver Twist" by Charles Dickens, which
he wrote in 1838 as a critcism of the British social system of the time. Bumble, as the Communal Beadle, had the task of taking children into care. Were they under 8 years of age, then he would deliver them into the custody of "Mrs. Mann". Otherwise, he delivered them to the Community Workhouse, which was run more like a prison. From there the children were sold as slaves, especially to the mining and textile industries as well as chimney sweeps.
There are "Bumble" structures behind the massive child care industry in Germany today, which has an annual budget of some 21 billion Euros. The post-war years in Germany saw a mutation of the child care system, which gradually changed its base from ideology to commercialism. Children in care were poorly educated, and made to work long hours without any social insurance. A substantial proportion of them were regularly beaten, sexually abused and even murdered. This situation still exists today.
Of course, there is a requirement of the system to legalize these abuses through some kind of court procedure. Germany has set up so-called family courts for this purpose. These courts have serious major deficits in both procedure and work quality. The judgments are, as a result, unsafe and unsound, so that it is not possible to differentiate between just and unjust decisions. Families fleeing the country are thus being criminalized by international extradition warrants, issued as a result of the breech of court orders made out by these tribunals.
The EU aids and abets these courts by virtue of EC-Regulation 2201/2003, which provides for the mutual recognition of judgements of the family courts within the boundaries of the EU. The EU-Commission, Director General of Justice Freedom and Security, is responsible for issuing this regulation, apparently without any form of critical control. The reply of the current incumbent of this post, Prof. Faull, to the complaint can be seen here. EU letter of reply
Germany's flawed Justice
Introduction
Government Statements
The German Government in its Report to the UN Periodic Review (1) on 10 Nov. 2008 reporting positively on its efforts in the field of Human Rights. The GIHR In the same manner, the government-controlled German Institute for Human Rights, in its paper to the UN Periodic Review (2) reported that Germany had "a highly differentiated and effective court system". The translation appears to have been somewhat literal. This is taken to mean, "a highly specialized and efficient court system". The Problems There are good reasons for challenging the above statements
The national Report







