Trial Monitoring


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Interview with lawyer Holger Rothbauer on the trials against Heckler & Koch

 

Serious allegations for the momentous continuation of the pawn sacrifice strategy
by Heckler & Koch and the Federal Government
by the public prosecutor Stuttgart

 

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Interview
In 2010 the peace activist and author Jürgen Grässlin filed a complaint against former employees of Heckler & Koch (H&K). In 2012 his complaint was extended to include responsible officials at the Federal Agency for Export Control (BAFA) and the Federal Ministry for Economic Affairs (BMWi) by his attorney Holger Rothbauer.
The DA’s office, however, shelved the investigations despite the close connections of the BAFA and BMWi officials to the case of the G36-Rifles in Mexico. These and other dubious cases of mismanagement – for which the Stuttgart DA Peter Vobiller bears much responsibility – are the motivation for this interview. It was conducted by the GLOBAL NET – STOP THE ARMS TRADE (GN-STAT) with the Attorney Holger Rothbauer just before the opening of the trial against Heckler & Koch.
Interview Holger Rothbauer für GN-STAT E
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Interview in Spanish, German


Trial Monitoring of Case 02 for GN-STAT


 

 

Trial Monitoring of Case 02 for GN-STAT

 

The illegal sale

 of G36 assault rifles by Heckler & Koch

 into Mexican conflict states 

 

Transcripts and Worldwide Information on the Trial Monitoring

 

For the main hearing of the criminal trial

 in the proceedings of case 13 KLs 143 Js 38100/10

 ("Heckler & Koch")

 against Peter Beyerle, and others

 (former employees of the company Heckler & Koch, Oberndorf)

 For the violation of the War Weapons Control Act and the Federal Act on Foreign Trade concerning the illegal export

 of G36 assault rifles into conflict states in Mexico

 before the 13th chamber of

 of the Stuttgart State Court, Urbanstr. 20, 70182 Stuttgart, Germany

 from May 15th until October 25th, 2018

 

 Overview

 

Introduction including organizational points on trial participation

 

Establishment of the trial days by the Stuttgart State Court

 

How to join the trial monitoring effort

 

<< 25 Daily Minutes in Multiple Languages >>

 

              (from May 15th until October 25th, 2018)

 

Proclamation of Verdict

 

Evaluation and Conclusion

________________________________________________________________________________________________________________________

 Introduction Including Practical Tips on Observing the Trial:

 

Dear Ladies and Gentlemen,

Dear Friends of Peace,

 

the following information is addressed to those people

 

1) who from May to October 2018 wish to follow our minutes and reports on the 25 trial days in English, Spanish, German (and potentially other languages) - no matter where they may be in the world! You will find the minutes of the 25 days of court sessions of the main hearing from May 15th to October 25th on this page.

 

2) who would be willing and able to attend one or more days of trial and wish to actively support our trial monitoring for the GLOBAL NET – STOP THE ARMS TRADE or would translate the trial minutes into other languages.

 

Please follow this practical advice to attend the trial:

 

·       You must bring your ID or passport!

 

·       During the trial at least two (or more) people should be in the court room to take minutes at all times!

 

·       Bring a writing pad and a sufficient supply of pens and paper.

 

·       It is advisable to come early so you can seat yourself in one of the front rows. This is preferable due to the better acoustics in those spots.

 

·       In the courtroom no visual or audio material may be recorded during the proceedings or when the judges are present. Photographs may only be taken before or after the beginning of deliberations.

 

·      An information sheet with room numbers, names of the defendants, witnesses, etc. will be available in front of the court on each hearing day. It is advisable to take a picture of this document to improve orientation.

 

·       Dates and times of the trial can also be found on the website of the Stuttgart State Court.

 

http://www.landgericht-stuttgart.de/pb/,Lde/Startseite/Aktuelles/Verhandlungstermine

 

Feedback: HEADS UP - the minutes and notes should be discussed, and quotations clarified among participants that same evening. The documents must then be digitized and sent via email to Tanja Meinhardt meinhardt-tanja@web.de and Jürgen Grässlin jg@rib-ev.de (preferably in a .doc file format). Quick submission is crucial to allow translators the earliest possible access in order to speed up translations. Additionally, the transcripts will be uploaded to the GLOBAL NET – STOP THE ARMS TRADE website, www.gn-stat.org.

 

Establishment of the Days of Trial by the Stuttgart District Court

 

The beginning of the main hearing is scheduled for Tuesday, May 15th, 2018, 9:30am. The room has not been determined yet. In order to find a good seat, trial observers are advised to enter the court room no later than 9:00am. Those participating in the demonstration in front of the court should enter the court room immediately afterwards - a lot of public interest is to be expected at least on the first trial day.

 

The 24 Subsequent Trial Days (DD.MM.YY) - Attention: Date shifts are possible:

 

May 2018:              15.05.2018, 17.05.2018,

June 2018:             05.06.2018, 07.06.2018, 14.06.2018, 19.06.2018,

July 2018:               10.07.2018, 12.07.2018, 26.07.2018,

August 2018:          01.08.2018, 16.08.2018,

September 2018:   03.09.2018, 10.09.2018, 18.09.2018, 20.09.2018, 26.09.2018,

October 2018:        08.10.2018, 16.10.2018, 23.10.2018

 

November 2018:    06.11.2018, 15.11.2018, 29.11.2018,

December 2018:    10.12.2018,

January 2018:        10.01.2019, 17.01.2019, 24.01.2019, 31.01.2019,

 

Each court session is scheduled to start at 9:30am, with deliberations set to last all day. Only on July 26th, August 1st and August 16th, 2018 are sessions only scheduled for the morning.

 

Contact:

 

Dr. Johannes Fridrich

Judge at the Stuttgart District Court, 20. Criminal Division

First Media Spokesperson for General and Criminal Justice Matters

Urbanstraße 20, 70182 Stuttgart

 

Press phone: 0049-(0)711-212-3800
Email: Johannes.Fridrich@
LGStuttgart.justiz.bwl.de

 

To Join the Trial Monitoring

 

In all likelihood the Presiding Judge Maurer will issue a ban on laptops, smartphones, etc. for the public in the courtroom. Body searches outside the courtroom are to be expected. Therefore minute takers will need to be prepared to take written notes of especially important quotes by hand.

 

<< The document

"TIPS AND SUGGESTIONS FOR TRIAL MONITORING"

Can be requested via email from meinhardt@rib-ev.de >>

________________________________________________________________________________________________________________________

 

<< 25 DAILY MINUTES IN MULTIPLE LANGUAGES>>

(From May 15th to January 31st 2019)

 

Each day the minutes of the hearing will be taken and edited by trial observers and subsequently translated into multiple languages by GLOBAL NET – STOP THE ARMS TRADE. In this way we intend to ensure access for an international audience. Independently the trial will also be monitored by the journalist Jan van Aken, who will publish his transcripts on the website of the Rosa Luxemburg Foundation.

 

Minutes, May 15th, 2018

[…]

 

Minutes, May 17th, 2018

[…]

 

Minutes, June 5th, 2018

[…]

 

Minutes, June 7th, 2018

[…]

 

Minutes, June 14th, 2018

[…]

 

Minutes, June 19th, 2018

[…]

 

Minutes, July 5th, 2018

[…]

 

Minutes, July 10th, 2018

[…]

 

Minutes, July 12th, 2018

[…]

 

Minutes, July 26th, 2018

[…]

 

Minutes, August 1st, 2018

[…]

 

Minutes, August 16th, 2018

[…]

 

Minutes, September 3rd, 2018

[…]

 

Minutes, September 10th, 2018

[…]

 

Minutes, September 18th, 2018

[…]

 

Minutes, September 20th, 2018

[…]

 

Minutes, September 26th, 2018

[…]

 

Minutes, October 8th, 2018

[…]

 

Minutes, October 16th, 2018

[…]

 

Minutes, October 23rd, 2018

[…]

 

Minutes, November 6th, 2018

[…]

 

Minutes, November 15th, 2018

[…]

 

Minutes, November 29th, 2018

[…]

 

Minutes, December 10th, 2018

[…]

 

Minutes, January 10th, 2018

[…]

 

Minutes, January 17th, 2018

[…]

 

Minutes, January 24th, 2018

[…]

 

Minutes, January 31st, 2018

[…]

 

_____________________________________________________________________________________________________________________________________________________

 

Jan van Aken’s Daily Synopsis of the Rosa-Luxemburg-Petition being tried in the District Court in Stuttgart commencing 15th of May 2018

 

(Compact Version)

 

Preliminary Note:

 

Further information about the Rosa-Luxemburg-Petition, prepared by Jan van Aken, can be found at this website: https://www.rosalux.de/index.php?id=27988

 

Summary of Court Proceedings

 

26.09.2018: Heckler & Koch – Court Date 16: Revenue, Profit und Manager Bonuses

Today was all about money. Were there official violations against the German Foreign Trade & Payments Act? Did any of the accused individuals personally profit from the alleged violations? And how would appropriate fines against Heckler& Koch be calculated in the event of a guilty verdict?

 

20.09.2018: Heckler & Koch – Court Date 15: A smooth acquittal seems unlikely

The present legal stance of the Court could be a turning point in this trial. At least two of the accused could be convicted on fraud charges for falsifying an export permit. The Court’s position could be a turning point in this trial because the presiding judge reiterated that the export permit, from a legal perspective, was actually not limited to particular states in Mexico and therefore, Heckler& Koch did not breach the license.

 

18.09.2018: Heckler & Koch – Court Date 14: Two Witnesses from the Federal Export Agency (BAFA)

BAFA employees explain the «license/permit approval process» and the «supplementary license/permit approval process» and relate it to the alleged «fraudulent licenses». Little was learned today but the next court date should be interesting. The ruling judge disclosed specific details concerning the accused individuals. Until now, it was only specualtion.

 

10.09.2018: Heckler & Koch – Court Date 13: The Fraudulent Procurement of Licences/Permits

Suspicions are confirmed, but how does the US export ban on Colt assault weapons to Mexico affect this situation? The court finds possible indication, that Heckler & Koch withheld important information from the authorities to expedite the approval of a fraudulent license. Interestingly, in 2005 the US Export Regulation Authorities denied the arms manufacturer Colt export permits to Mexico. Unethical that the German authorities allowed permits.

 

03.09.2018: Heckler & Koch– Court Date 12: The Chief Witness testifies

Eight years ago, Robert H. started this court case with his testimony. He does not wish to be a whistleblower. He worked for Heckler & Koch in training Mexican police forces with the G36 weapon. Certain Mexican states were not approved to receive the G36 but police forces, from these “unapproved” states, were trained. Robert H. told the judge that he is not against weapons but after he learned about what happened with the weapons in Mexico, the Massacre of the Students in Guerrero – he could not support or justify his actions.

 

16.08.2018: Heckler & Koch – Court Date 11: The Court Proceeding lasted only 30 minutes

Court today was only 30 minutes long and only clarified formalities. The leading judge indicated his evaluation of the central questions in this case.

 

01.08.2018: Heckler & Koch – Court Date 10: The Excuses of the Accused

An e-mail from 2006 proves that 420 G36-assault weapons were delivered to Chilpancingo/Guerrero. Obviously, in July 2006 Heckler & Koch already delivered weapons to Guerrero in Mexico. Alleged poor geographical knowledge (the inability to read a map) was the witness’s explanation for the mistake.

 

26.07.2018: Heckler & Koch – Court Date 9: The Federal Office for Foreign Export Control (BAFA)

Witness: Weapons are only allowed to be exported into specific Mexican states. The Foreign Export Control Office (BAFA) worked thoroughly with the Ministry of Economic Affairs and in their own licensing process (which differ to those of the Ministry of Economic Affairs) to clearly define that weapons were only allowed for shipment to specific Mexican states.

 

12.07.2018: Heckler & Koch – Court Date 8: The Prosecution goes on the Offensive

Breach of the German Foreign Trade and Payments Act and the deliberate export to other Mexican states is punishable. The first prosecutor brought detailed information into the legal realm and confronted the judge. He outlined the minimum charges applicable for commercial and organized crime against the German Foreign Trade & Payments Act. He then extensively explained how Heckler & Koch used an end-user certificate, which is a mandatory part of the export permit, but then still allowed the weapons to be shipped to a different state (not as stated in the end-user certificate). This action is punishable.

 

10.07.2018: Heckler & Koch – Court Date 7: A German Civil Servant in Economic Affairs

«Gone is gone» is the slogan at the Ministry of Economic Affairs (MoEA). / The person in charge at the MoEA started with his clarification of his role at the MoEA. His Ministry is FOR economic growth and therefore «They have a vested interest in seeing manufacturers succeed […] and to continue to economically survive/thrive. » He also reiterated the point that we have been stressing: Once weapons are exported, there are no further checks or controls (with respect to actual end-user usage). «Gone is gone. »

 

19.06.2018 – Heckler & Koch Court Date 6: The Federal Foreign Office says they are not responsible.

The Federal Foreign Office (FFO): There are also approvable/licensable receivers in other countries. The witness from the Foreign Affairs Department explained the protocol, that was then in place, has been updated to better enforce proper end-user usage. The new measures were meant to ensure that the purchasing group was in fact qualified to receive the weapons. According to the Ministry of Economic Affairs, Heckler & Koch were regularly updated about these new regulations.

 

14.06.2018 – Heckler & Koch Court Date 5: The Judge doubts the completeness of the documents

In the official documents given to the authorities, it appears certain pages are missing which led to the questioning of the former HK sales representative. The judge is questioning, why the official licensing documents show no evidence of conversations between the former HK sales rep and the buyer. In the Ministry of Economic Affairs, it was noted that there was often confusion/ambiguity about the specifics of the license (ex. What was approvable and what was not.).

 

07.06.2018 – Heckler & Koch Court Date 4: «Should Guerrero not be mentioned? »

Heckler & Koch state that specific paperwork must be completed to secure a weapons permit. Steffen E. from the German Customs Investigation Bureau in Cologne (ZKA) presented his first witness. He was involved with the initial investigation against HK. His supervisor and lead investigator at the ZKA is scheduled to testify at the next court date on June 12th. Steffen E. put a lot of pressure on the HK employees and accused them not only of delivering weapons to non-approved states but also that they actively promoted such sales.

 

05.06.2018 – Heckler & Koch Court Date 3: Regarding Unstable Countries

The judge questioned the former HK-Executive Director Joachim M. and his former sales manager Wolfram M. The quote of the day came from the accused Joachim M.: «The German Foreign Office always had a list of unstable (risky) countries. Concerns about specific countries were brought forward and as a result, there would be a freeze on all export permits to those countries. Jordan was one of these countries. I can list many countries which the German Foreign Office put on their “Unstable” list and then 2 years later, under a different President or political constellation, this country would be removed from the list. »

 

17.05.2018 – Heckler & Koch Court Date 2: «Remove it and then things move forward. »

End-user certificates are a useless measure in the export control. In the fear of the noose tightening around their own necks, the accused blame the approval authorities. It is again stated, what we have always known: the end-user certificates are never checked and the entire process is a useless exercise in export control.

 

15.05.2018 – Heckler & Koch - Court Date 1: «Commercial and organized crime»

Today’s highlights include: a picket, excessive media presence, and the reading out of the charges. Six former Heckler und Koch employees are accused of committing commercial and organized crimes for violating the «German Foreign Trade & Payments Act». The strategy of the defence: Either the relevant authorities, the Mexicans or a deceased person is at fault.

________________________________________________________________________________________________________________________

 

Proclamation of Verdict

[…]

 

Evaluation and Conclusion

[…]

 

________________________________________________________________________________________________________________________

 

The minutes must be submitted on the same day to

to meinhardt@rib-ev.de and jg@rib-ev.de

They will then be published on the

website of GLOBAL NET – STOP THE ARMS TRADE www.gn-stat.org (in Spanish, English, German, and other languages)

Emergency Contact:

JG 0170-6113759 or 0761-7678208

________________________________________________________________________________________________________________________

contact

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