In room 129 of the Kiel district court, an unadorned room with a needle felt and yellow light, get the viewers currently know what that might have meant the late cabaret artist Dieter Hildebrandt, he said: “It doesn’t help to have the law on his side. One must also reckon with the judiciary.”
The lawyer Stephanie Harder from Tangstedt want around Holstein 10,000 euros in damages by the Land of Schleswig -. For their six horses, which was seized by the Kiel public Prosecutor Maya S. to wrong, and sold. Stephanie Harder does not seem to be the Only one that was damaged in this way by Maya. Meanwhile, the public Prosecutor’s office in Itzehoe Maya S. has been accused of perversion of justice, persecution of Innocent people and theft. The Land of Schleswig-Holstein, which is liable for its officials, has estimated in its budget of almost five million euros, to be able to pet owners as Harder to compensate.
blame the liability law
However, the country is not a Cent voluntarily. To blame the German liability law. It is the state allowed to shirk its responsibility, even if it is established that his servants have made mistakes. Citizens must sue if they want compensation. And the lawyers of the state to do in court, what lawyers do: they work with all the Tricks. No matter whether the other side is obviously right or not. And no matter how time-consuming the process is.
The Federation of German administrative judges and administrative judges, calls the interior “a public authority which examines such claims” in order to prevent “processes” and “to relieve the judiciary”, as your Chairman, Robert Altmühl, a judge at the Federal administrative court, says. As in Sweden, where citizens to the Ombudsman of the judiciary. The independent person of trust shall consider the case, free of charge, and a recommendation that the authorities follow the rule. Since the 70s, lawyers are demanding in this country a Reform of the liability of the state. So far, in vain.
What are the absurd consequences it can have when a state of degraded citizen is forced to deal with zealous prosecutors that state, to address the case of Stephanie Harder: With 32 police officers, Maya S. was engaged in November 2011 at the horse farm of Hans-Dieter B. and had seized 88 horses, which were allegedly malnourished. However, not all the horses belonged to Hans-Dieter B. With six horses, the breeder had paid a bill of his lawyer Harder around 10,000 euros. Stephanie Harder, complained to the regional court of Kiel for the seizure.
A good half a year later, on 4. In June, the judges decided that the Prosecutor must provide Harders horses. But four days later, Maya S. sold the animals for the low, low price of 100 or 200 Euro per piece. You didn’t know anything about the annulment, she says today. The purchase contracts signed by the state attorney himself, Harder was happening to their horses.
No money for Harder
In the summer of 2014, it was initiated disciplinary proceedings against Maya. 2015 Stephanie Harder filed a complaint. “I thought, this is a Self-starter.” In fact, the competent judge of the regional court of Kiel, wrote in March of 2017, in a decision that “the action is likely to have after preliminary examination of the facts and the law of success”.
But then the lawyer of the state of Schleswig-Holstein on the Plan. He found a reason to request the dismissal of the action: The purchase agreements had been signed by a Prosecutor, but not of the actually competent nurse. “For this reason, the purchase contracts as an enforcement measure ineffective. The applicant has not lost their property,” wrote the lawyer on the court. Harder should be the owner remained, although their horses grazed on the pasture of other people. “I thought, so that the country comes through,” says Harder. “The court had written that my action is likely to have success.”
But then switched to the judge. “The applicant should not have lost the contested ownership of the horses,” wrote the new judge in January 2018 into a decision. The country felt itself confirmed. “A comparison leads anyone”, says the lawyer of the country in the courtroom. What he wants is clear: no property loss, no damage, no money for Harder. “Of course, the Land is generally liable for infringement of official duties,” a spokesman for the Ministry of justice to appease. However, claims would have to be “confirmed by a court”.
Stephanie Harder to adjust to a long process that you are likely to lose. She fears that the devastating consequences they could have. “The buyers of my horses could ask me to do that maintenance costs for the last six years. If all six of the horse would be buyers, that would be 180,000 euros. I would be ruined.” Harder would have the opportunity to ask the buyers, in turn, a kind of lease. If the buyer is not involved, would the lovers of the horse, but probably in the Kiel meeting. To the next round.