Erfurt’s Public Prosecutor’s Office Does Not Even Come to a Halt for Bundestag Candidates: Eight Simultaneous House Searches on Account of Sensationalist Court Ruling

Today, at least eight house searches took place almost simultaneously. The official reason being the accusations against the Weimar judge Christian Dettmar of bending the law. He had passed the sensational court ruling on child welfare. The police took possession of the original court file. Also affected by the raids are the Bundestag candidates of the party dieBasis Prof. Ulrike Kämmerer and Ulrich Masuth.

As 2020News has learned, the homes and/or offices of Judge Christian Dettmar, Judge Matthias Guericke, the children’s guardian ad litem, the mother of the children in question, Prof. Dr. Ulrike Kämmerer, Prof. Dr. Christian Kuhbandner, Prof. Dr. Ines Kappstein and Uli Masuth were searched today, their cell phones and computers confiscated, as well as various documents.

The accusation of an alleged bending of the law by Judge Dettmar is legally on extremely shaky ground. Judge Dettmar had made the decision that became known as the “sensationalist ruling”. This decision banned two Weimar schools from imposing masking, social distancing and testing in order to avert a (further) threat to the welfare of children. The Federal Administrative Court recently ruled in a case of the same nature that legal recourse is open to the family courts in this matter, so that Judge Dettmar was right to consider himself competent. The court is of the opinion, however, that it was inadmissible for the judge to carry out the examination of endangerment of the children’s welfare because his resulting judicial order was directed toward an official authority. The Federal Administrative Court’s decision, however, conflicts with prior case law that had held that instructions to governmental entities in the health care system were covered by § 1666 of the German Civil Code. The special protection under which children are subject in accordance with the UN Convention on the Rights of the Child, which has been binding in Germany since July 15, 2021, (suggested correction from translator: July 15, 2010) is embodied in the general view in the special review and regulatory competence of family judges under Section §1666 of the German Civil Code. If one were to deny a duty to examine here, children in state run public schools would be in an unjust position compared to those in private schools. Children in public schools would have to defend themselves in prolonged administrative court disputes against dangerous conditions in their schools. However, it is precisely the intention to prevent this kind of vulnerability by giving family judges the authority to review and make decisions in a non-bureaucratic manner.

There may still be a need for legal clarification here in detail, but bending of the law is ruled out if a judge adopts a defensible legal opinion, and in the present case this may even be the only one that takes into account the greater good of protecting the welfare of the children.

All the more strange is the massive procedure of the Erfurt’s public prosecutor’s office. Today they not only once again executed a house search of judge Dettmar. In addition, under the orders of the prosecuter’s office the police simultaneously arrived at four presumed witnesses of the alleged offence and seized there work equipment and documents.

Judge Guericke, who had also made a ruling critical of the measures in Weimar, is affected. He has no connection to the proceedings of Judge Dettmar.

A house search was also carried out at the office of the legal counsel representing the interests of the children. The mother, who had initiated the proceedings in accordance with § 1666 of the German Civil Code (BGB), has just filed an appeal with the Federal Supreme Court (BGH) against the decision of the Thuringian Higher Regional Court denying Judge Dettmar’s jurisdiction. The legal counsel had just had the original court file sent to him. The file was still lying unopened in the inbox and was removed from the legal counsel’s office by the police. There is concern of possible destruction of evidence.

The biologist Prof. Kämmerer, who prepared the expert opinion on the inadequacy of the PCR test for the proceedings before the Weimar Family Court, was also searched. Prof. Kämmerer’s private rooms and office were simultaneously searched. An employee was coerced into consenting to documents being removed from the office. Noteworthy is that Illa’s book “The PCR Test Disaster” was among the documents seized by the police. “This is a downright unusual process,” Prof. Kämmerer said. “I have testified as an (expert) witness in various proceedings. Normally, you are summoned to testify and then questioned by the police or the court. It is unbelievable that the police, without an emergency being present, simply confiscate all kinds of documents, my cell phone and my computer and thus gain access to all my correspondence also in my capacity as the top candidate of the party dieBasis for the Bundestag election. I wonder whether my candidacy is not much more likely to be the reason for the search than my expert opinion in the child welfare proceedings. The full text of the expert opinion has been published and can be viewed by anyone.”

Another top candidate of the party dieBasis for the Bundestag election has also become a victim of a house search by the search of his marital home: Uli Masuth from Weimar. “Reason of the search in our marriage dwelling is according to judicial resolution the question whether my wife is familiar with judge Dettmar. On inquiry my wife would have communicated at any time that she does not only know judge Dettmar, but that we have been friends for many years. But what does this have to do with the court proceedings? By the way, amongst the total of nine confiscated technical devices, only ONE device was from my wife. Her Apple PC. All other devices, like Macbook, hard drives and flash drives were from me. These should not have been confiscated. I’m running in the federal election for the party dieBasis. It cannot be that a state entity gets hold of objects and documents from the opposition without reason, even more so during election campaign times. Interesting in this context: the police even wanted to gain access to our “dieBasis-car”. What could this have to do with possibly being familiar with a judge?”

Judge Dettmar’s defense counsel, attorney Dr. Gerhard Strate, has commented on the proceedings, “The development of these proceedings makes one deeply concerned for the rule of law. The effect is the intimidation of an independent judiciary.”