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For the European Court (Part 1)

The following Text is a detailed Case showing the unfair Rules on German Incapacitation Procedures.
Short Version in the Form of a rejected Express Application to the European Court of Human Rights.
This Case shows many Violations of the European Convention on Human Rights and is still unsuccessful.


Gertrud Moser, ..................................., 79589 Binzen,
Tel. + 49 7621 / .................., Email: ...............................

European Court of Human Rights   Fax: ...........................................
Council of Europe
Allée des Droits de l'Homme

F-67000 Strasbourg


Rule 39 Urgent

Urgent Application according the Rule39 of the Court
against the Federal Republic of Germany

Person to contact: Gertrud Moser, J.................., 79589 Binzen,
Tel. + 49 7621 / 6 44 67, Email: ...................................
Date of Foreclosure: 15/09/2016 (15 September 2016)
Application-Versions: 1. English 2. German (serveral Faxes)
Contradiction to the Foreclosure

Contradiction to enforcement of paying 1.740 € to my Neigbour Nachbarin-X.

I request that the Court is stopping the Federal Republic of Germany following administrative action: The current execution of a payment of 1740 euros at the latest September 15, 2016

Attachment 1

Important: Please send me an Email-Adress.

Then i can send you two PDF-Documents in English and German
with Links to my two Websites concerning my case.

Sorry for my incomplete English. Also there is no time to translate the whole Application in English.
I also sent you the whole Application in German.

I. Justifications of the request

1. Legal protection against foreclosure,
otherwise the false statements of the opposite party will be rewarded.

(Neighbours x and y Nachbarn-X, Lawyer .......... birthname .........)

Against these false statements I defend myself without success since 2009 with various legal and other activities.

Causes of my legal failures:

  a) The following German incapacitation laws:
Gesetz zur Reform des Verfahrens in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit od. FGG-Reformgesetz. In Kraft seit 1.9.2009

Law to reform the process in Family Matters and in Matters of Voluntary Jurisdiction
The law has been in force since 01/09/2009

FamFG Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit vom 17. Dezember 2008 (BGBl. I S. 2586), zuletzt geändert durch das Gesetz vom 22. Dezember 2011 (BGBl. I S. 2255

Law on Proceedings in Family Matters and in matters of Voluntary jurisdiction

FGG: Gesetz über die Angelegenheiten der freiwilligen Gerichtsbarkeit , abgelaufen am 1.9.2009

Law on Matters of Voluntary Jurisdiction
The law has been expired on 01/09/2009

For incapacitation procedures initiated before 1.9.2009, it should still valid.
In August 2009 the District Court Lörrach (Amtsgericht Lörrach) initiated a judicial incapacitation procedure to me.

This judicial procedure against me in 2009 was contrary against the European Convention on Human Rights and continues until 2016.

    Article 3
Prohibition of torture (psychological torture)
    Article 6
Rigth to a fair trial
    Article 8
Right to respect for private and family life
    Article 13
Right to an effective remedy
    I have created an
accurate timing and content of documentation as evidence.

The documentation is after about 7 years so extensive
that it can not be attached to this urgent Application.

I would be able to send you three Parcel (about 23 kg !!!)
with time-ordered file copies and topical document copies
until July 2015.

Of Course all documents are in German and not in English.
You can see them online:

I also would be able to send you a DVD.
My file names have the structure Date, person or institution
z.B. 2009-10-19-an-Polizei.doc, 2015-01-30-ra-...........-an-landgericht.jpg, 2015-01-30-von-ra-.........jpg, 2015-01-30-von-ra-..........-Abschrift.doc

After 2 years I started to document my case on the Internet:
Case-Homepage www.gerichtlichesbetreuungsverfahren.de.

After 2 years, I have also started to document the injustice of the German incapacitation laws:

A shortened documentation how my legal case has begun,
please see in

Attachment 2


  b) Idle, fraudulent and incorrect working lawyers
The justice partly knew of deception in my case.
    The first lawyer in my legal case has done not enough.
He has ignored my wishes in Form of Emails.
Thus he was the wrong choice.

But German incapacitation procedures are starting like a sudden attack.
Therefore there is no appropriate time to search the right lawyer.
Therefore, no right to a fair trial.

My case shows that offenders, like murderers and rapists,
have more rights and have more time to defend themselves.

Normally lawyer errors are not be considered at the European Court.

For me there are a lot of lawyer errors, some with criminal offenses.
These crimes were not pursued by the prosecution.

Example 1: Lawyer ..................... (Online: Anwalt 7)

(Online: www.gerichtlichesbetreuungsverfahren.de/anwalt7.htm)

    1.1 In January 2015 the Chamber of Lawyers Freiburg (Rechtsanwaltskammer Freiburg) made an application about Lawyer Anwalt 7, Ort-x, to the General Prosecution Karlsruhe.
(Generalstaatsanwaltschaft Karlsruhe).
Basis: Nearly the whole correspondence between me and the lawyer.
I have received only the Case File Number 9 EV 1/15 on 05/01/2016. Presumably, the application was rejected.
    1.2 With approximately the same documents as the Chamber of Lawyers i made an application about Lawyer Anwalt 7 to the Public Prosecution Ort-x (Staatsanwaltschaft Ort-x) . The application was rejected on 29/12/2014. CFN Js 16983/14.
    1.3  On 23/10/2014 i submitted nearly the whole correspondence between me and the lawyer to the Magistrates Court (Amtsgericht Lörrach). I wanted to prove that he has deceived me.

The Magistrates Court forced me, so copy the correspondence twice for my neighbour Nachbarin-X and their lawyer.
(CFN 2 C 1446/14)

The Magistrates Court should have recognized this criminal case and then initiate a criminal application.

    1.4 During the Appeals Process (CFN 3 S 24/15) the District Court (Landgericht Freiburg) also got aware of these documents.
Also the District Court ignored the correspondence or didn't recognized the crimal case.
    1.5 Lawyer Anwältin 10, who is also responsible for criminal law, also got the correspondence and did nothing for me.
    1.6 Lawyer Anwältin 11, Ort-x, who is also responsible for criminal law, also got the correspondence und more of my case files. Three Weeks later she refused being my lawyer.
    1.7 Lawyer Anwalt 12, who is also responsible for criminal law, also got the correspondence and did nothing for me.
    1.8 On 08/02/2016 I was for a first consultation to lawyer 13 (Anwalt 13). The mean reason was the letter from lawyer Anwalt 12 dated 04/02/2016. But I also told him the behavior of lawyer Anwalt 7.
From this lawyer I learned that Anwalt 7 is one of the most well-tested trial lawyers. Therefore I have against him no chance of success.
Example 2: Lawyer ...........................
(Online: Anwalt 12)

Due to a terrible, alarming letter from 04/02/2016 I reported on 13/02/2016 criminal charges of coercion against Lawyer Anwalt 12. On 07/04/2016 I added the crime to the State prosecutor Lörrach.
Dated 07/04/2016, the lawsuit was rejected. Case file number 82 Js 1826/16.

From my legal expenses insurance I could take legal action against Anwalt 7, against the lawyer Anwältin 10 and against the lawyer Anwalt 12.

There are hardly any lawyers who act against lawyers. If they do, with hourly fees of 200 to 250 euros. But the assurance pays only according to the Lawyer Fee Law (Rechtsanwaltsvergütungsgesetz).

Hourly fees would also be an unpredictable risk with probably very high cost in my long case time .

My case has become so extensive since 7 years that no lawyer can be incorporated in a reasonable time and at reasonable cost.

Therefore, I try achieve justice without a lawyer.

Overview of the fees for lawyers since 2009:

Attachment 3

  c) Unsuccessful individual petition in March 2013 to the Petitions Committee in the Land Baden-Württemberg (Original and "fake" online:

The incapacitation procedure was initiated by the police report commissioned by Nachbarin-X and the District Office Lörrach. In March 2013 I want the help from the Petitions Committee in the state of Baden-Württemberg.

My petition was numbered and was complemented with more letter during the following days. They promised me to check also the supplements.

Attachment 8

In July 2013, the petition was rejected and published on the Internet.

Attachment 9

But it was not my individual petition. It was only a summary of submitted documents that should be checked.

In this Summay there is the information that the district administration (Landratsamt Lörrach) has destroyed all the case files to the incapacitation procedure.

In February 2016, the District Office (Landratsamt Lörrach)  fent shortly before the hearing at the Administrative Court Freiburg (Verwaltungsgericht Freiburg) documents of 2009, unkown to me. I knew nothing about these documents at the hearing. I got them late the next day.

The published petition contains this false information. That is a proof that the Committee on Petitions did not checked my case, but created only a summary of submitted documents.

I was shocked because in my opionion my petition was not checked according to the guidelines.

Therefore i published a new site on my Case-Homepage www.gerichtlichesbetreuungsverfahren.de with the Topic "National Socialist tendencies in German incapacitation System"
(The Original of this site is no more online)

Although petitions to the European Court are not relevant, my one should be noted:

Both, the police (Ministry of Interior) and the district administration (Landratsamt Lörrach) are using the "Fake"-Petition against me.

They gave the "Fake"-Petition to the Administrative Court (Verwaltungsgericht Freiburg) und this court accepted this.

Also this Court (Verwaltungsgericht Freiburg) did nothing for me.
So no witnesses were interviewed, as I had requested.

  d) Initiation of criminal proceedings due to threats against me in Summer 2013

Because of my Internet-Site "National Socialist tendencies in German incapacitation System" filed among other things the opposing lawyer lawsuit aganinst me because of threat.

It was announced in a letter from the opposing lawyer. I considered this as a ridiculous plan because it was reconnected with false statements.
(Online: www.gerichtlichesbetreuungsverfahren.de/strafverfahren.htm)

The criminal case was indeed initiated against me and later discontinued for lack of offense (CFN 86 Js 7931/13).

Still, it was a punishment for me because it was the first criminal case in my life to me. This was very distressing.
Lawyer Fees 1.840,69 €.

On the question of which file number and from which part of the text is the proof of a threat according to the Criminal Code (Strafgesetzbuch), I got no response from the prosecutor's office (Staatsanwaltschaft Lörrach) and the Attorney General (Generalstaatsanwaltschaft Karlsruhe).

Injured Convention rights:

Article   6   Rigth to a fair trial

Article 10   Freedom of expression

Article 13   Right to an effective remedy

  e) Unsuccessful court proceedings without the right to witnesses and without the right to evidence of the false statements in the police report.

In the following years the informer Nachbarin-X supplemented her misstatements.

Lawyer Anwalt 7 should complaining for me at the District Court (Amtsgericht Lörrach).

With documents can be proved that he has reportedly filed a lawsuit. After about 2 months, I noticed that he did not do it. Because I found no other lawyer, I complained myself in October, 2014. CFN 2 C 1446/14.

Later i got the answer to the complaint from the opposite lawyer.
I turned to a new lawyer because the answer to the complaint contained misstatements and suspected false statements.
I gave the lawyer a document with the corrections.

I lost the process. Only after process end, I learned about an online research that one again be able to reply within 14 days to a statement of defense. I did not know and the lawyer did not use my counterarguments nor used ithem during the hearing. (Lawyer Anwältin 10).

For me, the hearing was not a fair trial because the judge asked the defendant Nachbarin-X only one unimportant question. Nachbarin-X answered false. There were no witnesses proposed by me charged.

Analogue happened on the appeal before the District Court Level 2 (Landgericht Freiburg) (CFN 3 S 24/15) with Lawyer Anwalt 12. I lost the process.

First I had complete confidence to Lawyer Anwalt 12 because he already had many years of professional experience.

He then turned on my behalf to the Administrative Court (Verwaltungsgericht Freiburg) with proceedings against the police (Ministry of Interior) and the district-including (District Office Lörrach)

Gradually, I became suspicious because of his behaviour.
Finally, I deprived him all authorizations.

By this he did not keep. He made without authorizations inputs at the District Court Lörrach and the District Court Level 3 Karlsruhe (CFN 6 VA 17/15). Finally, I was able to him with a restraining order (CFN 6 C 472/16) stop.

At the Administrative Court of Freiburg i got unexpected costs, unexpected behaviour of Lawyer Anwalt 12 and not a single legal success:

    He is currently trying to sue me, also because of claims that have arisen after my proxy withdrawal. The district court Lörrach has its input initially rejected. (CFN 3 C 909/16).
In this case he also included the district court Level 2 Freiburg (CFN 3 T 191/16)


Unsuccessful criminal charges for false statements from neighbour Nachbarin-X. (See online: Button "Staatsanwaltschaft")


First criminal complaint on 04/10/2009 for false accusation

(CFN 85 Js 9229/09) at of the public prosecution (Staatsanwaltschaft Lörrach)

Because the first lawyer Anwalt 1 did nothing against the police report, I wrote in October 2010 myself a criminal complaint. It was the first one in my life. It was refused, for instance with the remark, that the prosecutor does not have to adhere to my determination requests.

Then i complaint unsuccessfully at the General Prosecution Karlsruhe (CFN 3 Zs 2606/09) and in 2010 at the Ministry of Justice (CFN E-1402.2010 / 884).

During an inspection in 2012, I discovered that the prosecutor parts of incapacitation File XVII 9635 had copied including the medical report. The Copies were used as second case file.

Again my complaints had been rejected.

Due to various letters from the opposing lawyer with false content I wrote criminal complaints that were all rejected.
(Content see online)

Second criminal complaint on 21/08/2013 because of compulsion

(CFN 400 Js 24286/13) to the prosecutor Freiburg (Staatsanwaltschaft).

He referred the procedure to Loerrach.(Staatsanwaltschaft)
On 18/10/2014 it was rejected (CFN 82 Js 8808/13).

Third criminal complaint on 11/12/2013 because of defamation
for instance in the threat case against me (CFN 86 Js 7931/13).

On 05/02/2014 it was rejected by the prosecution Lörrach..
(CFN 80 Js 1317/14)

Fourth criminal complaint on 28/09/2015 due process fraud

On 19/11/2015 it was rejected by the prosecution Lörrach
(CFN 95 Js 12341/15)




No experiences with the police, the courts and the public prosecutor. Since 2009 many Case numbers

Before this legal case since 2009 I have never had to do with a court or with the public prosecution.

According to information from the country's data protection officer: The police report commissioned by Nachbarin-X was the only known report.

I had no experience, to defend myself immediately and appropriately

As a result of the problems with my neighbours Nachbarn X an extensive Case number list has been created.

Attachment 10

This demonstrates once again that this case law since 2009
is dominating my life and is burdening me greatly.

Legal violations:

Article   3  Prohibition of torture (Psychological torture)
Article   6  Right to a fair trial
Article   8  Right to respect for private and family life
Article 13  Right to an effective remedy

Examples of my sufferings are on different sides of my homepage,

Until 2010 I wrote to my extensive math lexicon in a new structure.

Then the stresses got greater. I have anxiety, so i got heart problems, and so I have to take a drug.

My aim is therefore also to be able to live without fear in the future,
i.e. no longer afraid of sudden, unjust state attack.

2.  Under national law, there is no Help for me expected

I tried it anyway. Under the current laws in the Federal Republic of Germany the fowllowing two letters will be unsuccessful.

But they also would be an information for the European Court,
how unfair I am being treated for more than 7 years.

Letter to the district court Lörrach from 29/08/2016 Attachment 4
Letter to the district court Lörrach from 30/08/2016 Attachment 5
(No answers until 05/09/2016)

With the Pages 1 to 8,

with my Information-Homepage www.gerichtliches-betreungsverfahren.de and
with my Case-Homepage www.gerichtlichesbetreungsverfahren.de

I hope to proof, that I have tried many ways of national law and other miscellaneous means. But they were vain and sometimes very unfair.

My case shall document that with false statements each German Citizen can get into a judicial incapacitation procedure.

Then there is no time and no chance to stop this judicial incapacitation procedure. He/She is forced to a psychiatic evaluation.

This special German Procedure violates Human Rights!

For this reason I wanted to achieve an improvement in the German legislation on Public Petitions at the German Bundestag.
The most important petitions were rejected for public voting.
(See Information-Homepage,
Buttons "Petitionen 2012", "Petitionen 2014", "Petitionen ???")

Only one petition in January 2016 is currently under construction in the Bundestag.
(See Information-Homepage, Button "Petition 2016")

A summary of my suggestions for improvement arises from a letter to the Bundestag on 20/07/2016.

Attachment 6

Already on 22/07/2016 there was the negative response.

Attachment 7

My case has several or even many characteristics for suspected corruption
at the following state institutions:

Police station Weil am Rhein and higher levels,
Municipality Binzen,
District Office Lörrach (construction and commercial, social authorities)
own lawyers,

Amtsgericht Lörrach, Freiburg Regional Court,
Freiburg Administrative Court,
Prosecutor Loerrach,
Committee on Petitions in the state parliament of Baden-Württemberg.

Part 2

Nach oben European Court 1 European Court 2 European Court 3 European Court 4 European Court 5 European Court 6 European Court 7

Geändert am:   04.09.2019


Startseite:  www.gerichtlichesbetreuungsverfahren.de