Decision by the European Court of Human Rights (ECHR)

from 12.12.2002 - 37290/97 (Wittek./.Germany)


Is the German Federal Government in collusion with the European Court of Human Rights?



Federal Government uses fraud in obtaining a judgement  /  Perversion of justice by ECHR judges  /

Use of antidemocratic methods to cover up fraud and perversion of Justice


Translated with www.DeepL.com/Translator (free version)


Welcome to my homepage


Dear reader,


the audacity with which the German Federal Government and the European Court of Human Rights (ECHR) unlawfully cooperated in case 37290/97 is boundless. It is all the more shocking that those responsible and a large number of representatives of public life are still doing everything possible to ensure that these dubious machinations remain unenlightened and hidden from the public.


The case before the ECHR concerned a detached house in Leipzig which my wife and I had to sell before permanently leaving the GDR and which the Federal Court of Justice and the Federal Administrative Court had refused to allow us to recover after reunification.


In the course of the proceedings before the Court of Justice, the German Government had provided the Court with factually distorted and legally incorrect information in its observations in order to influence the proceedings in its favour. The ECHR used this information in its decision, distorted the facts and twisted the legal position even further on its own initiative and, on that basis, ruled against us.


The Federal Government did not want to deal with parts of our complaint. It therefore twisted them in its own direction. After that, it did not deal with our request, but with the request it distorted. The ECHR judges followed the Federal Government's presentation and decided not on our complaint but on the Federal Government's "petition of wishes".


The Federal Court of Justice had ruled that the property law created with the unification of Germany (Vermögensgesetz) excluded our claims under civil law. This law protects the bona fide purchaser. We, on the other hand, argued that the BGH judgment was wrong in law because the sale took place after 18 September 1989 and therefore the bona fide purchaser was no longer worthy of protection. The Federal Government constructed from this that we claimed that the “Vermögensgesetz” was not applicable to legal transactions concluded after 18 September 1989. The Court of Justice did not then deal with our concern as to whether there were civil law claims in respect of legal transactions concluded after 18 September 1989, but with the question, which was never disputed, whether the “Vermögensgesetz” was applicable to legal transactions concluded after that date.


Furthermore, the Federal Government and the Court of Justice incorrectly assessed the sale of the house to our disadvantage and the conditions for leaving the country after the fall of the Berlin Wall were distorted both factually and legally.


Moreover, the judges appear to have signed the decision blindly after it had been drafted by other members of the Court's staff. It was apparent that the complaint on which they had decided was partly falsified. It is also worth noting that the German judge Georg Ress could not later recall that he and his colleagues had decided against us "taking into account ... the exceptional circumstances surrounding German reunification".


At the Federal Ministry of Justice, the Federal Government Commissioner for Human Rights, Klaus Stoltenberg, was responsible for the Federal Government's manipulations. The political responsibility at the time was held by Federal Minister of Justice Herta Däubler-Gmelin. At the ECtHR, Judges H.S. Greve (Norway), I. Cabral Barreto (Portugal), G. Ress (Germany), L. Caflisch (Liechtenstein), R. Türmen (Turkey), B. ZupančIč (Slovenia) and J. Hedigan (Ireland) took the decision.


The conduct of the German Government and the Court of Justice in the present ECtHR proceedings raises questions:


Did the representative of the Federal Government make the untruthful submission of his own accord or was he instructed to do so? - How can a chamber at the ECHR, composed of judges from six countries, take a decision based on distorted facts and an incorrect legal situation? - Has the German Government also submitted false complaints to the ECHR in other proceedings, which the Court has then exploited?


For years I have been unsuccessfully demanding clarification and compensation from the two institutions responsible for the manipulations, the Federal Government and the ECHR. The German Chancellor and four Federal Ministers of Justice tried to sit the matter out. They denied without justification that they had provided the Court with untruthful information. The Court allegedly had no time to re-examine the matter. It is nothing less than a disgrace how the institutions harassed me.


I asked countless individuals and bodies to help me. Among them were many who were keen to make a strong case for human rights, who called for the strengthening of human rights protection systems, and who were very critical of human rights violations against others. I believed that those contacted were outraged by the questionable practices and were committed to clearing up the frauds. I should be mistaken. The most harmless kept silent, the most radicals insulted and slandered me.


Here is an excerpt: The ECHR judge Ress threatened me with a criminal complaint if I continued to publish my accusations. - A petition which I had addressed to the German Bundestag was so distorted that it became inadmissible. - Katrin Göring-Eckardt, then Vice-President of the German Bundestag, remained silent on the mutilation of the Bundestag petition. - Four SPD officials tried to silence me with insults and malicious insinuations. - When I silently protested in front of the Federal Ministry of Justice with flyers and posters, I was chased away by two police officers. - The German representatives of Amnesty International and Human Rights Watch revealed their allegiance to the state. - My request to the Federal Government Commissioner for Disabled Persons for fair treatment remained unheard.


The result of many years of work has - unfortunately - been a large but interesting collection of evidence of the mendacity of German and European politicians, civil servants, judges, media and their minions. If you are interested in more details, please click on the button "Die Details". However, this text is in German.


Thank you very much for your attention.


With kindest regards


Harro Wittek

My request –

not only in own thing


I hope that the homepage will find your attention. At the same time I address an urgent request to everyone who is interested in this site.


I am 72 years old, have been permanently ill and severely handicapped for many years, and my movement has been severely restricted by an operation. It is only with great difficulty that I am able to defend myself against the arbitrariness of those who wish to leave the questionable practices of the Federal Government and the Court of Justice unenlightened.


Please help to ensure that the dubious machinations are cleared up and become public knowledge. Please contribute to exposing those who tolerate or even promote the abuse of the Court of Justice.


By helping, you are not only supporting me, but also helping to ensure that in future European citizens will be guaranteed a fair trial before the ECHR.

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I am looking forward to receive your approval, criticism, suggestions and help.



Textfeld: harro-wittek@t-online.de