Text 1805, 69 rader
Skriven 2009-12-18 19:18:46 av Robert Bashe (2:2448/44)
   Kommentar till text 1795 av Ward Dossche (2:292/854)
Ärende: Demjanjuk
=================
Ward Dossche wrote to Robert Bashe on Friday December 18 2009 at 14:36:

WD> We may be bound for a lengthy discussion ...

Maybe. But I think it'd be sufficient if you and I just follow the
developments, since neither of us can do more than root for the one side or the
other.

RB>> ... and he filed an appeal with the EU ...

WD> Been there, done that ... it doesn't work that way.

Apparently it did in this case.

WD> First of all you need to pass every level of appeal, as in Fidonet,
WD> locally up to the Supreme Court, the Constiutional court (if there is
WD> one) and only then can you file a European appeal, but not with the
WD> EU. It is done at the European Court of Human Rights in Strassbourg (I
WD> think) and can only be about legal issues where your human-rights have
WD> been violated.

Which was apparently the case. You really shouldn't put every word on a
goldsmith's scale. I don't consult an attorney before I write echomails.

WD> When the case in Strassbourg is won, the country in question needs to
WD> change its laws...

...or not. There still are such things as national constitutions, you know, and
I don't know many countries that put EU bureaucrats above their national
constitutions - assuming that is even possible without committing treason.

RB>> Now the Frenchman, although in jail because of the kidnapping, is a
RB>> national hero in France, ...

WD> It takes a parent to fully understand that.

Not really. Only someone with a sense of justice. Look at the facts of the
case, and the history of the "good doctor". Just because drugging and rape of a
minor is only a "wrist-slapping" offence in Germany (he received a suspended
sentence for the case that happened after Kalinka's death) doesn't mean the
French think the same.

WD> But I'm affraid mr.Dr eventually will walk free.

Maybe, but he'll be tried - and this time won't get away with the help of the
torpid (and possibly politically and nationally biased) German legal system.

RB>> ... and the "good doctor" is facing another trial, this time with him
RB>> in attendence.

WD> That will surprise me. According to EU-harmonised law in such matters
WD> French authorities have had their opportunity and blew it. You can't
WD> be tried twice for the same issue. [this is said without actually
WD> knowing the case]

I believe the last sentence without any doubt. The fact is that the EU blew the
case by simply declaring the French verdict invalid. The reasoning was more
than questionable: he wasn't represented. Now, with arrest and jail
threatening, the "good doctor" would have been extremely stupid to go to France
to defend himself, and safe in Germany, he could and did thumb his nose at the
French. Under those circumstances, the French never tried him (according to the
EU), so he can definitely be broght before a court now.

But as I say, that's my opinion. Let's wait and see what happens.

Cheers, Bob

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