Madeleine McCann: German prisoner identified as suspect - #15

[Circulo]

I think we don't need to rewind that much but if you'd find that interesting it's up to you.

Basically these people who have such traumatic childhood get some prefrontal damage from beating and shaking as baby.

I'm not talking about adoptive parents, but rather about his addicted mother who didn't wish him, together with his absent father.

Or he simply has some kind of personality disorder, which is congenital, they say.

My bold: I have not seen any information about the circumstances of CB's adoption; have you, or is this a theoretical opinion? Not meaning to sound stern - for clarification only...

 

[Betty_Boop88]

23 Feb 2016 Box factory raid - Article
re: Illegal Waste / Child *advertiser censored*
Discussed earlier

Großeinsatz in der Börde:Kinderporno-Razzia auf vermülltem Fabrikgelände

Thanks, Ted!
Very interesting. According to this article, the Braunschweig allotment has already been searched wonder if that’s a translation thing or if the current allotment owner isn’t aware? Must read up on when she moved in again.

Since the man also has an apartment in Braunschweig, the premises and a garden parcel were also searched there. Only after the computer data has been evaluated does the public prosecutor's office decide on how to proceed against the accused.

 

[Loobyloo]

“The other items found also include storage media [...] According to the report, 8000 files have already been viewed.
Christian B is said to be on around 100 pictures.”

Maybe you posted it before but I wasn’t aware of this
GT from Fall Maddie McCann: Eltern dementieren “unbewiesene Berichte” nach Spekulationen

I think it may have been posted (or a similar German report about the Spiegel broadcast) - but what I hadn't noticed before is a key word 'already' ('bereits' in the original). The article was published on 17th June & by that date 8000 files had been viewed. That means more files could have been viewed since then. There were multiple USB sticks & memory cards to go through.
With any luck, those with the unpleasant task of examining these files will by now have found something even more incriminating.

 

[BIZCOCHO]

I quote myself in 6/23

"They did 2 searches at the box factory:

2016 for environmental crime

Polizeieinsatz in Neuwegersleben

Großeinsatz in der Börde:Kinderporno-Razzia auf vermülltem Fabrikgelände

2018 no information about the reason for the search warrant

Britische Polizei hat 400 neue Hinweise im Fall Maddie - Braunschweiger Zeitung

"As the "Magdeburg Volksstimme" reports on Saturday, the ruined site was last searched in June 2018. "Several hundred police were on the site at the time. Christian Wolters of the Braunschweig prosecutor's office confirms that there was a joint search of the property with the BKA in 2018. However, he declined to comment on the details and results."
2018!!!"

maybe they also searched again in the garden plot in Braunschweiger in 2018.

 

[Miss_Paula]

there would be a get out there.

To answer your questions:

A way out? For CB? I hope not. Or do you mean a legal way out in the interest of justice? I still believe in the constitutional state.

c.Mark Klage - Prison Kiel, Germany

Germany has recently been much more consistent with all forms of child abuse and violence against women, and laws have been tightened. They will find a way to punish Christian B., I'm sure. It would be inconceivable that a country should not be allowed to condemn its nationals because they "just went on holiday". (This is the real crux of CB's ECJ case, as you will read later.)

And what I would also like to show, in the CB case the German judicial authorities did not sloppily. I am very critical of this, but I can see no mistakes.

@Newthoughts asks: If I understand correctly the extradition to the country for the child abuse charges was legally correct BUT then led to an earlier prior parole for drugs being rescinded meaning that full sentence now had to be served?

Yes.

@Newthoughts asks: So he escapes this and is rearrested in Italy and extradited back into the country to serve that extra sentence for drugs on a new extradition request?

Yes. But I will explain it later.

@Newthoughts asks: But because that sentence was for a crime prior to the original extradition it is deemed illegal for the reasons you've listed?

This refers to an earlier point of his legal objections – in a way. I will explain it later.

@Newthoughts asks: However in the meantime he has been charged and convicted by Germany, whilst in Germany so no need for extradition, with the rape. But, as I understand it he is claiming this charge and conviction are illegal as his extradition to Germany to serve the drugs charge was illegal. Have I understood that correctly?

Correct.

@Newthoughts asks: Firstly he had already been charged and sentenced for the drugs before the first extradition. Was this something like the UK suspended sentence - i.e. say you get two years suspended sentence - it means you only serve that two years IF you commit another crime in that period?

Yes, it's exactly the same.

@Newthoughts asks: If yes anf the child abuse charge meant he then had to serve this sentence Surely this is not technically a charge outside the extradition but a consequence of commiting the new crime for which he'd been extradited?

I would have thought the same thing until three months ago, but it's not true. I will explain it later.

@Newthoughts asks: Secondly the rape charge, even if made during an illegal sentence, could still be allowed to stand? Hopefully.

If he does win - surely Portugal could then extradite him to be charged and convicted of the rape there

Could, theoretically. But that's where I see the problem. Portugal has much shorter statutes of limitations. The crime was committed in 2005. It wasn't a murder. As far as I know (and according to my research), rape is statute-barred in Portugal after 10 years at the latest.

I know someone who knows the Portuguese time limits better than me: Christian B. and his lawyers. And that's what they are counting on.

@Newthoughts says: I can see why German LE might be worried. But if it's like the UK you have to go thru every court before you get to the European courts and I believe they rarely go against national courts

You're absolutely right. But that refers to court cases and judgments for which national law is beyond question and the fact that the country has jurisdiction is beyond doubt.

But if someone says: No, Germany or the UK do not have jurisdiction at all, they are not allowed to take me to the judge, then he mess around with the state. And that’s what just is happening.

Even all the nice instances of court, which we of course have in Germany too, do not help.

@Newthoughts says: European courts go rarely against national courts

I'm not so sure, there are other examples.

@Newthoughts says: This is a really clever ploy and I'd guess expensive. Just how is he affording not just a legal team capable of putting it together but also covering the expense of dragging it thru successive courts. That can't be cheap

Exactly, this is not only clever but also bad in this case. Where the money comes from is a mystery to me. The legal position is as follows: A defendant in a criminal case is entitled to a public defender, depending on the size and scope of the case. To my knowledge, one to three defence attorneys. For this the state pays a fixed amount, measured in so-called daily rates. Of course, this regulation only applies to people who cannot afford a lawyer themselves because they are too poor.

Friedrich Fulscher - one of CB's lawyers

For this money, the accused can also choose a defence lawyer of his choice, a so-called public defender of choice. It is important to the legislator - and this is laid down in the Code of Criminal Procedure - that an accused person should have confidence in his lawyer. I think that is perfectly fine and it is a fundamental principle of a constitutional state.

But how is it possible that a man, whom they "picked up" off the street in Italy two years ago, completely penniless, can employ star lawyers? The question is whether the two of them - one of whom is quite famous in Germany - work for "little" money to polish up their reputation. The famous one doesn't even need that. I don't know yet what kind of strange things are happening, but we will find out.

- . - . - . - . - . - . -​

And now starts a text for hard-boiled readers. I will try to explain the really tricky legal case once again and much more detailed, using the court documents available to me.

Maybe it'll be very confusing for you, it is for me too. I had to work hard to finish the cumbersome task. I am reproducing this chronologically, also to make clear why the case is so complicated.

(Everything that sounds twisted in the following is due to the attempt to translate legal German. I am otherwise more responsible for prosaic matters).

First European arrest warrant

- On June 22, 2017, CB was handed over to Germany by the Tribunal de Relacao de Evora, Portugal (= arrest warrant for imprisonment imposed for child abuse). In doing so, CB did not waive its compliance with the speciality principle. (= important!)

- He was in prison only until 31 August 2018.

- During his (child abuse) imprisonment, the Braunschweig Regional Court revoked the suspended sentence on probation from the Niebüll District Court's judgment of 6 October 2011 by order of 15 March 2018, legally effective since 21 June 2018 (= drug trafficking).

- (I quote from a court letter of 26.08.2019 concerning the speciality principle): “The accused was (...) informed that immediate subsequent execution due to the speciality principle was only possible on the basis of a request for supplementation or the accused's waiver of the speciality. Since the accused objected to a subsequent execution and the Portuguese authorities had not yet waived the application of the speciality principle and had not agreed to the execution of the sentence despite a corresponding request by the Flensburg public prosecutor's office, the accused was released from prison on 31 August 2018.”

- No later than 19 days after his release, i.e. on 18 or 19 September 2018, CB travelled to the Netherlands and subsequently to Italy.

This means that between mid-June 2018 and the end of August 2018, Portugal had not replied to the inquiry from Germany and therefore CB had to be released from prison under German (European) law. They had to let him go - and so it happened.


Second European arrest warrant

- Result: another European arrest warrant - issued on 26 September by the public prosecutor's office in Flensburg - and arrest on 27 September 2018 in Milan. Important: When the warrant was declared by the Italian authorities, the accused agreed to his surrender, again without renouncing the speciality principle.

But as you can see: the German investigating authorities targeted him step by step. Within one day they had caught him. My friends and I assume that since 2016 they have had him on the hook "for bigger things". In the background, the investigators are working much more intensively than the public realizes.

Back to our chronology: For those who thought until now that all this was complicated enough, the next chapter will make your head spin.

Third European arrest warrant

On October 5, 2018, the Braunschweig (Brunswick) District Court issued an arrest warrant against CB on "strong suspicion of serious rape with bodily harm and predatory extortion" (= the case of the 72-year-old American woman). This made it possible to keep him in custody as long as Portugal did not come forward.

- From October 18, 2018, CB served the prison sentence from the drug trafficking conviction. However, in its decision of 13 March 2019, the Kiel Regional Court then stated, at the request of the defendant, "that the enforcement of the total custodial sentence from the Niebüll Local Court ruling of 6 October 2011 is currently inadmissible, as the execution would violate the speciality principle. (...) The interruption of the enforcement was ordered." (Quote as above court letter). CB was from now on remanded in custody for the rape in Portugal, 2005.

- Subsequently, on 12 December 2018, the public prosecutor's office in Braunschweig issued a European arrest warrant (In my opinion, this was a formality to keep him on the hook) in order to be able to file charges for the rape of the American woman and at the same time made a supplementary request to the Italian authorities - in order not to come into conflict with the speciality principle. The Court of Appeal in Milan, by decision of 22 March 2019, granted the extradition of the accused also for the prosecution of the above rape.

- The conditions for the trial for rape were thus fulfilled for the German justice system!

- Now, according to the legal opinion of the Brunswick judges, the trial could take place and lasted until December 2019, because for this charge they did not need a promise from Portugal and the Italian, which was necessary, they had.

- Finally, in spring 2020, the Portuguese authorities also approved the German application of mid-June 2018 to enforce the total prison sentence from the drug trafficking conviction - i.e. after more than one and a half years.

This means that since spring 2020 there are no restrictions whatsoever on measures taken by German courts against CB as a result of the speciality principle.

Christian's holiday trip

As you will remember, Germany had to release CB from custody on 31 August 2018 because the Portuguese authorities are taking a little longer to process important inquiries.

The delinquent used this opportunity to escape? No! Only we would think so.

But the German lawyers see it the same way, just a little more complicated:

With regard to the speciality protection from Portugal (the abolition of which was neglected as described above), the German federal judges are of the opinion: "The defendant lost the speciality protection by voluntarily going to the Netherlands and later to Italy at the latest 19 days after his release. (...) Anyone who voluntarily leaves the Member State which accepts a restriction of his or her sovereign rights by the speciality protected surrender can no longer invoke this protection, irrespective of any return."

CB's argument and that of his star lawyers, on the other hand, is - and I will describe it in blunt manner: he did not "leave" Germany in the strict sense of the word, he just took a little holiday and would have come back.

I hope you enjoyed reading despite the terrible official language.

Greetings from Paula

 

[Miss_Paula]

I don't disagree with any of the above.

My reservations are entirely related to what I see as the very sensational manner in which this investigation was publicised by the German investigators. MM is still and always has only been only one strand of it but they presented it from the off as if she was the sole object of it. And then allowed speculation to run absolutely riot.


I really hope so and that MM's not just been used as a very cynical (and so emotion-led) fishing expedition in order to nail CB for other outstanding crimes they believe he's responsible for.

I would weigh that differently:

I just found the investigating authorities' appearance in public very reluctant. Have you ever seen the prosecutor sensationalistic? He's more than reticent.
Even when the police recently searched the allotment garden in Braunschweig, they did not inform the press beforehand and say: This is an event for you!

The problem is certain media. They bring names of missing children into play and then the police have to revise.

That the investigating authorities publicly search for witnesses seemed to be necessary because they are still missing puzzle pieces in the connection CB to MM. Less than 10% to indict.

What if they didn't investigate the 90% suspicion? That would be contempt for little Madeleine.

And when it comes to CB, you have to think about possible future victims. Do you know his "travel plans" for the next period when he gets out of prison?

 

[Miss_Paula]

for me this indicates that the police are working through many possibilities and arguably not focused on MM anymore.

... and I have the distinct impression that they are working intensively on MM. You have to differentiate: The BKA is working on the MM case - the highest federal authority. In most of the cold cases, at best the state authorities, sometimes only regional authorities. That is a qualitative difference.

 

[Miss_Paula]

Thanks, Ted!
Very interesting. According to this article, the Braunschweig allotment has already been searched wonder if that’s a translation thing or if the current allotment owner isn’t aware? Must read up on when she moved in again.

Since the man also has an apartment in Braunschweig, the premises and a garden parcel were also searched there. Only after the computer data has been evaluated does the public prosecutor's office decide on how to proceed against the accused.

The message refers to the year 2018 - at that time, there was already searched, but nothing was dug up.

Now they want to search and dig a second time.

 

[Sharkbite]

Yasmin Siefer was also murdered/dismembered in Oct 1996. She disappeared on her way to or actually from a nightclub only 500 meters from the kiosk where CB lived 2010/12. CB seems to return to places he is familiar with, maybe he knew the kiosk area before.

In reality CB could've travelled many times back and forth from Portugal and committed any number of crimes under the cover of living in Portugal

ETA

Some info on the Yasmin murder
Madeleine McCann: German prisoner identified as suspect - #15

 

[Betty_Boop88]

The message refers to the year 2018 - at that time, there was already searched, but nothing was dug up.

Now they want to search and dig a second time.

Thanks for the clarification and all your very detailed answers, @Miss_Paula

 

[Tim N]

... and I have the distinct impression that they are working intensively on MM. You have to differentiate: The BKA is working on the MM case - the highest federal authority. In most of the cold cases, at best the state authorities, sometimes only regional authorities. That is a qualitative difference.

'But as you can see: the German investigating authorities targeted him step by step. Within one day they had caught him. My friends and I assume that since 2016 they have had him on the hook "for bigger things". In the background, the investigators are working much more intensively than the public realizes.'

i think we are saying the same thing. no qualitative difference i can see.

it wouldnt surprise me that their plan b is the accumulation of his other crimes, not just as a means to retain him, but to employ should a murder/abduction case be not possible to convict.

they got Capone for tax evasion. but they still got him.

 

[mrjitty]

I would weigh that differently:

I just found the investigating authorities' appearance in public very reluctant. Have you ever seen the prosecutor sensationalistic? He's more than reticent.
Even when the police recently searched the allotment garden in Braunschweig, they did not inform the press beforehand and say: This is an event for you!

The problem is certain media. They bring names of missing children into play and then the police have to revise.

That the investigating authorities publicly search for witnesses seemed to be necessary because they are still missing puzzle pieces in the connection CB to MM. Less than 10% to indict.

What if they didn't investigate the 90% suspicion? That would be contempt for little Madeleine.

And when it comes to CB, you have to think about possible future victims. Do you know his "travel plans" for the next period when he gets out of prison?

I don't disagree with what you say here, but also any prosecutor knows that the Maddie claim they flagpoled would set off a global firestorm.

I agree one can call for witnesses, but to also effectively say, "we know this guy did it AND we know MM is dead" is pretty massive claims when you don't have evidence to charge, and you won't explain.

I find that whole aspect pretty mysterious, and think this may end up biting German LE if they cannot back up the talk.

 

[mrjitty]

'

it wouldnt surprise me that their plan b is the accumulation of his other crimes, not just as a means to retain him, but to employ should a murder/abduction case be not possible to convict.

That is my suspicion

There is a good chance he has committed other similar offences down the years - i wonder if they look for witnesses to get him on some other stuff.

 

[mrjitty]

To answer your questions:

A way out? For CB? I hope not. Or do you mean a legal way out in the interest of justice? I still believe in the constitutional state.

c.Mark Klage - Prison Kiel, Germany

Germany has recently been much more consistent with all forms of child abuse and violence against women, and laws have been tightened. They will find a way to punish Christian B., I'm sure. It would be inconceivable that a country should not be allowed to condemn its nationals because they "just went on holiday". (This is the real crux of CB's ECJ case, as you will read later.)

And what I would also like to show, in the CB case the German judicial authorities did not sloppily. I am very critical of this, but I can see no mistakes.

@Newthoughts asks: If I understand correctly the extradition to the country for the child abuse charges was legally correct BUT then led to an earlier prior parole for drugs being rescinded meaning that full sentence now had to be served?

Yes.

@Newthoughts asks: So he escapes this and is rearrested in Italy and extradited back into the country to serve that extra sentence for drugs on a new extradition request?

Yes. But I will explain it later.

@Newthoughts asks: But because that sentence was for a crime prior to the original extradition it is deemed illegal for the reasons you've listed?

This refers to an earlier point of his legal objections – in a way. I will explain it later.

@Newthoughts asks: However in the meantime he has been charged and convicted by Germany, whilst in Germany so no need for extradition, with the rape. But, as I understand it he is claiming this charge and conviction are illegal as his extradition to Germany to serve the drugs charge was illegal. Have I understood that correctly?

Correct.

@Newthoughts asks: Firstly he had already been charged and sentenced for the drugs before the first extradition. Was this something like the UK suspended sentence - i.e. say you get two years suspended sentence - it means you only serve that two years IF you commit another crime in that period?

Yes, it's exactly the same.

@Newthoughts asks: If yes anf the child abuse charge meant he then had to serve this sentence Surely this is not technically a charge outside the extradition but a consequence of commiting the new crime for which he'd been extradited?

I would have thought the same thing until three months ago, but it's not true. I will explain it later.

@Newthoughts asks: Secondly the rape charge, even if made during an illegal sentence, could still be allowed to stand? Hopefully.

If he does win - surely Portugal could then extradite him to be charged and convicted of the rape there

Could, theoretically. But that's where I see the problem. Portugal has much shorter statutes of limitations. The crime was committed in 2005. It wasn't a murder. As far as I know (and according to my research), rape is statute-barred in Portugal after 10 years at the latest.

I know someone who knows the Portuguese time limits better than me: Christian B. and his lawyers. And that's what they are counting on.

@Newthoughts says: I can see why German LE might be worried. But if it's like the UK you have to go thru every court before you get to the European courts and I believe they rarely go against national courts

You're absolutely right. But that refers to court cases and judgments for which national law is beyond question and the fact that the country has jurisdiction is beyond doubt.

But if someone says: No, Germany or the UK do not have jurisdiction at all, they are not allowed to take me to the judge, then he mess around with the state. And that’s what just is happening.

Even all the nice instances of court, which we of course have in Germany too, do not help.

@Newthoughts says: European courts go rarely against national courts

I'm not so sure, there are other examples.

@Newthoughts says: This is a really clever ploy and I'd guess expensive. Just how is he affording not just a legal team capable of putting it together but also covering the expense of dragging it thru successive courts. That can't be cheap

Exactly, this is not only clever but also bad in this case. Where the money comes from is a mystery to me. The legal position is as follows: A defendant in a criminal case is entitled to a public defender, depending on the size and scope of the case. To my knowledge, one to three defence attorneys. For this the state pays a fixed amount, measured in so-called daily rates. Of course, this regulation only applies to people who cannot afford a lawyer themselves because they are too poor.

Friedrich Fulscher - one of CB's lawyers

For this money, the accused can also choose a defence lawyer of his choice, a so-called public defender of choice. It is important to the legislator - and this is laid down in the Code of Criminal Procedure - that an accused person should have confidence in his lawyer. I think that is perfectly fine and it is a fundamental principle of a constitutional state.

But how is it possible that a man, whom they "picked up" off the street in Italy two years ago, completely penniless, can employ star lawyers? The question is whether the two of them - one of whom is quite famous in Germany - work for "little" money to polish up their reputation. The famous one doesn't even need that. I don't know yet what kind of strange things are happening, but we will find out.

- . - . - . - . - . - . -​

And now starts a text for hard-boiled readers. I will try to explain the really tricky legal case once again and much more detailed, using the court documents available to me.

Maybe it'll be very confusing for you, it is for me too. I had to work hard to finish the cumbersome task. I am reproducing this chronologically, also to make clear why the case is so complicated.

(Everything that sounds twisted in the following is due to the attempt to translate legal German. I am otherwise more responsible for prosaic matters).

First European arrest warrant

- On June 22, 2017, CB was handed over to Germany by the Tribunal de Relacao de Evora, Portugal (= arrest warrant for imprisonment imposed for child abuse). In doing so, CB did not waive its compliance with the speciality principle. (= important!)

- He was in prison only until 31 August 2018.

- During his (child abuse) imprisonment, the Braunschweig Regional Court revoked the suspended sentence on probation from the Niebüll District Court's judgment of 6 October 2011 by order of 15 March 2018, legally effective since 21 June 2018 (= drug trafficking).

- (I quote from a court letter of 26.08.2019 concerning the speciality principle): “The accused was (...) informed that immediate subsequent execution due to the speciality principle was only possible on the basis of a request for supplementation or the accused's waiver of the speciality. Since the accused objected to a subsequent execution and the Portuguese authorities had not yet waived the application of the speciality principle and had not agreed to the execution of the sentence despite a corresponding request by the Flensburg public prosecutor's office, the accused was released from prison on 31 August 2018.”

- No later than 19 days after his release, i.e. on 18 or 19 September 2018, CB travelled to the Netherlands and subsequently to Italy.

This means that between mid-June 2018 and the end of August 2018, Portugal had not replied to the inquiry from Germany and therefore CB had to be released from prison under German (European) law. They had to let him go - and so it happened.


Second European arrest warrant

- Result: another European arrest warrant - issued on 26 September by the public prosecutor's office in Flensburg - and arrest on 27 September 2018 in Milan. Important: When the warrant was declared by the Italian authorities, the accused agreed to his surrender, again without renouncing the speciality principle.

But as you can see: the German investigating authorities targeted him step by step. Within one day they had caught him. My friends and I assume that since 2016 they have had him on the hook "for bigger things". In the background, the investigators are working much more intensively than the public realizes.

Back to our chronology: For those who thought until now that all this was complicated enough, the next chapter will make your head spin.

Third European arrest warrant

On October 5, 2018, the Braunschweig (Brunswick) District Court issued an arrest warrant against CB on "strong suspicion of serious rape with bodily harm and predatory extortion" (= the case of the 72-year-old American woman). This made it possible to keep him in custody as long as Portugal did not come forward.

- From October 18, 2018, CB served the prison sentence from the drug trafficking conviction. However, in its decision of 13 March 2019, the Kiel Regional Court then stated, at the request of the defendant, "that the enforcement of the total custodial sentence from the Niebüll Local Court ruling of 6 October 2011 is currently inadmissible, as the execution would violate the speciality principle. (...) The interruption of the enforcement was ordered." (Quote as above court letter). CB was from now on remanded in custody for the rape in Portugal, 2005.

- Subsequently, on 12 December 2018, the public prosecutor's office in Braunschweig issued a European arrest warrant (In my opinion, this was a formality to keep him on the hook) in order to be able to file charges for the rape of the American woman and at the same time made a supplementary request to the Italian authorities - in order not to come into conflict with the speciality principle. The Court of Appeal in Milan, by decision of 22 March 2019, granted the extradition of the accused also for the prosecution of the above rape.

- The conditions for the trial for rape were thus fulfilled for the German justice system!

- Now, according to the legal opinion of the Brunswick judges, the trial could take place and lasted until December 2019, because for this charge they did not need a promise from Portugal and the Italian, which was necessary, they had.

- Finally, in spring 2020, the Portuguese authorities also approved the German application of mid-June 2018 to enforce the total prison sentence from the drug trafficking conviction - i.e. after more than one and a half years.

This means that since spring 2020 there are no restrictions whatsoever on measures taken by German courts against CB as a result of the speciality principle.

Christian's holiday trip

As you will remember, Germany had to release CB from custody on 31 August 2018 because the Portuguese authorities are taking a little longer to process important inquiries.

The delinquent used this opportunity to escape? No! Only we would think so.

But the German lawyers see it the same way, just a little more complicated:

With regard to the speciality protection from Portugal (the abolition of which was neglected as described above), the German federal judges are of the opinion: "The defendant lost the speciality protection by voluntarily going to the Netherlands and later to Italy at the latest 19 days after his release. (...) Anyone who voluntarily leaves the Member State which accepts a restriction of his or her sovereign rights by the speciality protected surrender can no longer invoke this protection, irrespective of any return."

CB's argument and that of his star lawyers, on the other hand, is - and I will describe it in blunt manner: he did not "leave" Germany in the strict sense of the word, he just took a little holiday and would have come back.

I hope you enjoyed reading despite the terrible official language.

Greetings from Paula

Thanks for this!

 

[Tim N]

Please don't jump on that train, that CB could be responsible to every missing german child in germany! It is food for his solicitor, if a case can be ruled out! There was never a reliable and known connection to CR!!

Let us stay on course please!

Given he's been on the radar for 4 years and no charges relating to MM, i do still believe he's part of a bigger thing.

I still think that the german police are strategically (and have been) releasing tid bits to flush out others within his circle of acquaintances for information, observation or implication and have been trading information for leniency and as a result, MM is not the current focus.

Her disappearance of course is the investigative line but the path can deviate and there hasnt yet been any charges except for those designed to keep him in the jurisdiction.

The police may decide to charge him with multiple cases of child abuse or rape etc etc, which could put him in prison for a long time - even as many as he wouldve received if convicted of MM.

what i dont get is how a prisoner can access 1 to 3 lawyers when they havent had any charge. And if he is allowed a lawyer, wouldnt that only be allowed to be for representation on current matters and not of matters that may or may not materialise

 

[Chiatos]

Thanks, Ted!
Very interesting. According to this article, the Braunschweig allotment has already been searched wonder if that’s a translation thing or if the current allotment owner isn’t aware? Must read up on when she moved in again.

Since the man also has an apartment in Braunschweig, the premises and a garden parcel were also searched there. Only after the computer data has been evaluated does the public prosecutor's office decide on how to proceed against the accused.

Yes, according to this item, yes. However: according to current reports and according to the current owners, the well at the allotment has remained sealed for many years. Possibly police didn't unseal and search the well in 2016?

 

[Dlk79]

To answer your questions:

A way out? For CB? I hope not. Or do you mean a legal way out in the interest of justice? I still believe in the constitutional state.

c.Mark Klage - Prison Kiel, Germany

Germany has recently been much more consistent with all forms of child abuse and violence against women, and laws have been tightened. They will find a way to punish Christian B., I'm sure. It would be inconceivable that a country should not be allowed to condemn its nationals because they "just went on holiday". (This is the real crux of CB's ECJ case, as you will read later.)

And what I would also like to show, in the CB case the German judicial authorities did not sloppily. I am very critical of this, but I can see no mistakes.

@Newthoughts asks: If I understand correctly the extradition to the country for the child abuse charges was legally correct BUT then led to an earlier prior parole for drugs being rescinded meaning that full sentence now had to be served?

Yes.

@Newthoughts asks: So he escapes this and is rearrested in Italy and extradited back into the country to serve that extra sentence for drugs on a new extradition request?

Yes. But I will explain it later.

@Newthoughts asks: But because that sentence was for a crime prior to the original extradition it is deemed illegal for the reasons you've listed?

This refers to an earlier point of his legal objections – in a way. I will explain it later.

@Newthoughts asks: However in the meantime he has been charged and convicted by Germany, whilst in Germany so no need for extradition, with the rape. But, as I understand it he is claiming this charge and conviction are illegal as his extradition to Germany to serve the drugs charge was illegal. Have I understood that correctly?

Correct.

@Newthoughts asks: Firstly he had already been charged and sentenced for the drugs before the first extradition. Was this something like the UK suspended sentence - i.e. say you get two years suspended sentence - it means you only serve that two years IF you commit another crime in that period?

Yes, it's exactly the same.

@Newthoughts asks: If yes anf the child abuse charge meant he then had to serve this sentence Surely this is not technically a charge outside the extradition but a consequence of commiting the new crime for which he'd been extradited?

I would have thought the same thing until three months ago, but it's not true. I will explain it later.

@Newthoughts asks: Secondly the rape charge, even if made during an illegal sentence, could still be allowed to stand? Hopefully.

If he does win - surely Portugal could then extradite him to be charged and convicted of the rape there

Could, theoretically. But that's where I see the problem. Portugal has much shorter statutes of limitations. The crime was committed in 2005. It wasn't a murder. As far as I know (and according to my research), rape is statute-barred in Portugal after 10 years at the latest.

I know someone who knows the Portuguese time limits better than me: Christian B. and his lawyers. And that's what they are counting on.

@Newthoughts says: I can see why German LE might be worried. But if it's like the UK you have to go thru every court before you get to the European courts and I believe they rarely go against national courts

You're absolutely right. But that refers to court cases and judgments for which national law is beyond question and the fact that the country has jurisdiction is beyond doubt.

But if someone says: No, Germany or the UK do not have jurisdiction at all, they are not allowed to take me to the judge, then he mess around with the state. And that’s what just is happening.

Even all the nice instances of court, which we of course have in Germany too, do not help.

@Newthoughts says: European courts go rarely against national courts

I'm not so sure, there are other examples.

@Newthoughts says: This is a really clever ploy and I'd guess expensive. Just how is he affording not just a legal team capable of putting it together but also covering the expense of dragging it thru successive courts. That can't be cheap

Exactly, this is not only clever but also bad in this case. Where the money comes from is a mystery to me. The legal position is as follows: A defendant in a criminal case is entitled to a public defender, depending on the size and scope of the case. To my knowledge, one to three defence attorneys. For this the state pays a fixed amount, measured in so-called daily rates. Of course, this regulation only applies to people who cannot afford a lawyer themselves because they are too poor.

Friedrich Fulscher - one of CB's lawyers

For this money, the accused can also choose a defence lawyer of his choice, a so-called public defender of choice. It is important to the legislator - and this is laid down in the Code of Criminal Procedure - that an accused person should have confidence in his lawyer. I think that is perfectly fine and it is a fundamental principle of a constitutional state.

But how is it possible that a man, whom they "picked up" off the street in Italy two years ago, completely penniless, can employ star lawyers? The question is whether the two of them - one of whom is quite famous in Germany - work for "little" money to polish up their reputation. The famous one doesn't even need that. I don't know yet what kind of strange things are happening, but we will find out.

- . - . - . - . - . - . -​

And now starts a text for hard-boiled readers. I will try to explain the really tricky legal case once again and much more detailed, using the court documents available to me.

Maybe it'll be very confusing for you, it is for me too. I had to work hard to finish the cumbersome task. I am reproducing this chronologically, also to make clear why the case is so complicated.

(Everything that sounds twisted in the following is due to the attempt to translate legal German. I am otherwise more responsible for prosaic matters).

First European arrest warrant

- On June 22, 2017, CB was handed over to Germany by the Tribunal de Relacao de Evora, Portugal (= arrest warrant for imprisonment imposed for child abuse). In doing so, CB did not waive its compliance with the speciality principle. (= important!)

- He was in prison only until 31 August 2018.

- During his (child abuse) imprisonment, the Braunschweig Regional Court revoked the suspended sentence on probation from the Niebüll District Court's judgment of 6 October 2011 by order of 15 March 2018, legally effective since 21 June 2018 (= drug trafficking).

- (I quote from a court letter of 26.08.2019 concerning the speciality principle): “The accused was (...) informed that immediate subsequent execution due to the speciality principle was only possible on the basis of a request for supplementation or the accused's waiver of the speciality. Since the accused objected to a subsequent execution and the Portuguese authorities had not yet waived the application of the speciality principle and had not agreed to the execution of the sentence despite a corresponding request by the Flensburg public prosecutor's office, the accused was released from prison on 31 August 2018.”

- No later than 19 days after his release, i.e. on 18 or 19 September 2018, CB travelled to the Netherlands and subsequently to Italy.

This means that between mid-June 2018 and the end of August 2018, Portugal had not replied to the inquiry from Germany and therefore CB had to be released from prison under German (European) law. They had to let him go - and so it happened.


Second European arrest warrant

- Result: another European arrest warrant - issued on 26 September by the public prosecutor's office in Flensburg - and arrest on 27 September 2018 in Milan. Important: When the warrant was declared by the Italian authorities, the accused agreed to his surrender, again without renouncing the speciality principle.

But as you can see: the German investigating authorities targeted him step by step. Within one day they had caught him. My friends and I assume that since 2016 they have had him on the hook "for bigger things". In the background, the investigators are working much more intensively than the public realizes.

Back to our chronology: For those who thought until now that all this was complicated enough, the next chapter will make your head spin.

Third European arrest warrant

On October 5, 2018, the Braunschweig (Brunswick) District Court issued an arrest warrant against CB on "strong suspicion of serious rape with bodily harm and predatory extortion" (= the case of the 72-year-old American woman). This made it possible to keep him in custody as long as Portugal did not come forward.

- From October 18, 2018, CB served the prison sentence from the drug trafficking conviction. However, in its decision of 13 March 2019, the Kiel Regional Court then stated, at the request of the defendant, "that the enforcement of the total custodial sentence from the Niebüll Local Court ruling of 6 October 2011 is currently inadmissible, as the execution would violate the speciality principle. (...) The interruption of the enforcement was ordered." (Quote as above court letter). CB was from now on remanded in custody for the rape in Portugal, 2005.

- Subsequently, on 12 December 2018, the public prosecutor's office in Braunschweig issued a European arrest warrant (In my opinion, this was a formality to keep him on the hook) in order to be able to file charges for the rape of the American woman and at the same time made a supplementary request to the Italian authorities - in order not to come into conflict with the speciality principle. The Court of Appeal in Milan, by decision of 22 March 2019, granted the extradition of the accused also for the prosecution of the above rape.

- The conditions for the trial for rape were thus fulfilled for the German justice system!

- Now, according to the legal opinion of the Brunswick judges, the trial could take place and lasted until December 2019, because for this charge they did not need a promise from Portugal and the Italian, which was necessary, they had.

- Finally, in spring 2020, the Portuguese authorities also approved the German application of mid-June 2018 to enforce the total prison sentence from the drug trafficking conviction - i.e. after more than one and a half years.

This means that since spring 2020 there are no restrictions whatsoever on measures taken by German courts against CB as a result of the speciality principle.

Christian's holiday trip

As you will remember, Germany had to release CB from custody on 31 August 2018 because the Portuguese authorities are taking a little longer to process important inquiries.

The delinquent used this opportunity to escape? No! Only we would think so.

But the German lawyers see it the same way, just a little more complicated:

With regard to the speciality protection from Portugal (the abolition of which was neglected as described above), the German federal judges are of the opinion: "The defendant lost the speciality protection by voluntarily going to the Netherlands and later to Italy at the latest 19 days after his release. (...) Anyone who voluntarily leaves the Member State which accepts a restriction of his or her sovereign rights by the speciality protected surrender can no longer invoke this protection, irrespective of any return."

CB's argument and that of his star lawyers, on the other hand, is - and I will describe it in blunt manner: he did not "leave" Germany in the strict sense of the word, he just took a little holiday and would have come back.

I hope you enjoyed reading despite the terrible official language.

Greetings from Paula

Thanks Paula, another great explanation. It is indeed a very complex and odd sequence of events. I hadn't read until now about Germany submitting the rape warrant to Italy to satisfy their terms to press forward with the charges.

Without trying to oversimplify what you have put together, is it fair to say the following -

1. The reason this was all allowed to unfold was due to Portuguese authorities dragging their feet in responding to Germany's request, thus forcing LE to release CB in August 2018 when he susequently fled to Italy?

2. The success of this Appeal is likely to hinge on whether the courts accept CB's explanation for going to Italy and that having a holiday in Italy does not constitute "leaving" Germany?

If it is as simple as that, I can't really understand why lawyers would be saying it is a 50-50 call. His previous record of fleeing prosecutions in Germany and going into hiding in Portugal is bound to go against him you'd think. Surely the Appeal court are unlikely to accept his excuse that this was just a holiday, even if they did accept that having a holiday outside of Germany didn't constitute "leaving" Germany? Add to that he was trying to obtain a new passport in Italy which is another sign of intent he was trying cross schengen borders and was not planning to stop in Italy.

 

[Chiatos]

I quote myself in 6/23

"They did 2 searches at the box factory:

2016 for environmental crime

Polizeieinsatz in Neuwegersleben

Großeinsatz in der Börde:Kinderporno-Razzia auf vermülltem Fabrikgelände

2018 no information about the reason for the search warrant

Britische Polizei hat 400 neue Hinweise im Fall Maddie - Braunschweiger Zeitung

"As the "Magdeburg Volksstimme" reports on Saturday, the ruined site was last searched in June 2018. "Several hundred police were on the site at the time. Christian Wolters of the Braunschweig prosecutor's office confirms that there was a joint search of the property with the BKA in 2018. However, he declined to comment on the details and results."
2018!!!"

maybe they also searched again in the garden plot in Braunschweiger in 2018.

Mehrere hundert Polizisten waren damals auf dem Gelände im Einsatz.
The box factory in Neuwegersleben was searched by several 100 police(wo)men. Therefore more than 100 police.

A massive search just like in Hannover?

 

[Newthoughts]

To answer your questions:

A way out? For CB? I hope not. Or do you mean a legal way out in the interest of justice? I still believe in the constitutional state.

c.Mark Klage - Prison Kiel, Germany

Germany has recently been much more consistent with all forms of child abuse and violence against women, and laws have been tightened. They will find a way to punish Christian B., I'm sure. It would be inconceivable that a country should not be allowed to condemn its nationals because they "just went on holiday". (This is the real crux of CB's ECJ case, as you will read later.)

And what I would also like to show, in the CB case the German judicial authorities did not sloppily. I am very critical of this, but I can see no mistakes.

@Newthoughts asks: If I understand correctly the extradition to the country for the child abuse charges was legally correct BUT then led to an earlier prior parole for drugs being rescinded meaning that full sentence now had to be served?

Yes.

@Newthoughts asks: So he escapes this and is rearrested in Italy and extradited back into the country to serve that extra sentence for drugs on a new extradition request?

Yes. But I will explain it later.

@Newthoughts asks: But because that sentence was for a crime prior to the original extradition it is deemed illegal for the reasons you've listed?

This refers to an earlier point of his legal objections – in a way. I will explain it later.

@Newthoughts asks: However in the meantime he has been charged and convicted by Germany, whilst in Germany so no need for extradition, with the rape. But, as I understand it he is claiming this charge and conviction are illegal as his extradition to Germany to serve the drugs charge was illegal. Have I understood that correctly?

Correct.

@Newthoughts asks: Firstly he had already been charged and sentenced for the drugs before the first extradition. Was this something like the UK suspended sentence - i.e. say you get two years suspended sentence - it means you only serve that two years IF you commit another crime in that period?

Yes, it's exactly the same.

@Newthoughts asks: If yes anf the child abuse charge meant he then had to serve this sentence Surely this is not technically a charge outside the extradition but a consequence of commiting the new crime for which he'd been extradited?

I would have thought the same thing until three months ago, but it's not true. I will explain it later.

@Newthoughts asks: Secondly the rape charge, even if made during an illegal sentence, could still be allowed to stand? Hopefully.

If he does win - surely Portugal could then extradite him to be charged and convicted of the rape there

Could, theoretically. But that's where I see the problem. Portugal has much shorter statutes of limitations. The crime was committed in 2005. It wasn't a murder. As far as I know (and according to my research), rape is statute-barred in Portugal after 10 years at the latest.

I know someone who knows the Portuguese time limits better than me: Christian B. and his lawyers. And that's what they are counting on.

@Newthoughts says: I can see why German LE might be worried. But if it's like the UK you have to go thru every court before you get to the European courts and I believe they rarely go against national courts

You're absolutely right. But that refers to court cases and judgments for which national law is beyond question and the fact that the country has jurisdiction is beyond doubt.

But if someone says: No, Germany or the UK do not have jurisdiction at all, they are not allowed to take me to the judge, then he mess around with the state. And that’s what just is happening.

Even all the nice instances of court, which we of course have in Germany too, do not help.

@Newthoughts says: European courts go rarely against national courts

I'm not so sure, there are other examples.

@Newthoughts says: This is a really clever ploy and I'd guess expensive. Just how is he affording not just a legal team capable of putting it together but also covering the expense of dragging it thru successive courts. That can't be cheap

Exactly, this is not only clever but also bad in this case. Where the money comes from is a mystery to me. The legal position is as follows: A defendant in a criminal case is entitled to a public defender, depending on the size and scope of the case. To my knowledge, one to three defence attorneys. For this the state pays a fixed amount, measured in so-called daily rates. Of course, this regulation only applies to people who cannot afford a lawyer themselves because they are too poor.

Friedrich Fulscher - one of CB's lawyers

For this money, the accused can also choose a defence lawyer of his choice, a so-called public defender of choice. It is important to the legislator - and this is laid down in the Code of Criminal Procedure - that an accused person should have confidence in his lawyer. I think that is perfectly fine and it is a fundamental principle of a constitutional state.

But how is it possible that a man, whom they "picked up" off the street in Italy two years ago, completely penniless, can employ star lawyers? The question is whether the two of them - one of whom is quite famous in Germany - work for "little" money to polish up their reputation. The famous one doesn't even need that. I don't know yet what kind of strange things are happening, but we will find out.

- . - . - . - . - . - . -​

And now starts a text for hard-boiled readers. I will try to explain the really tricky legal case once again and much more detailed, using the court documents available to me.

Maybe it'll be very confusing for you, it is for me too. I had to work hard to finish the cumbersome task. I am reproducing this chronologically, also to make clear why the case is so complicated.

(Everything that sounds twisted in the following is due to the attempt to translate legal German. I am otherwise more responsible for prosaic matters).

First European arrest warrant

- On June 22, 2017, CB was handed over to Germany by the Tribunal de Relacao de Evora, Portugal (= arrest warrant for imprisonment imposed for child abuse). In doing so, CB did not waive its compliance with the speciality principle. (= important!)

- He was in prison only until 31 August 2018.

- During his (child abuse) imprisonment, the Braunschweig Regional Court revoked the suspended sentence on probation from the Niebüll District Court's judgment of 6 October 2011 by order of 15 March 2018, legally effective since 21 June 2018 (= drug trafficking).

- (I quote from a court letter of 26.08.2019 concerning the speciality principle): “The accused was (...) informed that immediate subsequent execution due to the speciality principle was only possible on the basis of a request for supplementation or the accused's waiver of the speciality. Since the accused objected to a subsequent execution and the Portuguese authorities had not yet waived the application of the speciality principle and had not agreed to the execution of the sentence despite a corresponding request by the Flensburg public prosecutor's office, the accused was released from prison on 31 August 2018.”

- No later than 19 days after his release, i.e. on 18 or 19 September 2018, CB travelled to the Netherlands and subsequently to Italy.

This means that between mid-June 2018 and the end of August 2018, Portugal had not replied to the inquiry from Germany and therefore CB had to be released from prison under German (European) law. They had to let him go - and so it happened.


Second European arrest warrant

- Result: another European arrest warrant - issued on 26 September by the public prosecutor's office in Flensburg - and arrest on 27 September 2018 in Milan. Important: When the warrant was declared by the Italian authorities, the accused agreed to his surrender, again without renouncing the speciality principle.

But as you can see: the German investigating authorities targeted him step by step. Within one day they had caught him. My friends and I assume that since 2016 they have had him on the hook "for bigger things". In the background, the investigators are working much more intensively than the public realizes.

Back to our chronology: For those who thought until now that all this was complicated enough, the next chapter will make your head spin.

Third European arrest warrant

On October 5, 2018, the Braunschweig (Brunswick) District Court issued an arrest warrant against CB on "strong suspicion of serious rape with bodily harm and predatory extortion" (= the case of the 72-year-old American woman). This made it possible to keep him in custody as long as Portugal did not come forward.

- From October 18, 2018, CB served the prison sentence from the drug trafficking conviction. However, in its decision of 13 March 2019, the Kiel Regional Court then stated, at the request of the defendant, "that the enforcement of the total custodial sentence from the Niebüll Local Court ruling of 6 October 2011 is currently inadmissible, as the execution would violate the speciality principle. (...) The interruption of the enforcement was ordered." (Quote as above court letter). CB was from now on remanded in custody for the rape in Portugal, 2005.

- Subsequently, on 12 December 2018, the public prosecutor's office in Braunschweig issued a European arrest warrant (In my opinion, this was a formality to keep him on the hook) in order to be able to file charges for the rape of the American woman and at the same time made a supplementary request to the Italian authorities - in order not to come into conflict with the speciality principle. The Court of Appeal in Milan, by decision of 22 March 2019, granted the extradition of the accused also for the prosecution of the above rape.

- The conditions for the trial for rape were thus fulfilled for the German justice system!

- Now, according to the legal opinion of the Brunswick judges, the trial could take place and lasted until December 2019, because for this charge they did not need a promise from Portugal and the Italian, which was necessary, they had.

- Finally, in spring 2020, the Portuguese authorities also approved the German application of mid-June 2018 to enforce the total prison sentence from the drug trafficking conviction - i.e. after more than one and a half years.

This means that since spring 2020 there are no restrictions whatsoever on measures taken by German courts against CB as a result of the speciality principle.

Christian's holiday trip

As you will remember, Germany had to release CB from custody on 31 August 2018 because the Portuguese authorities are taking a little longer to process important inquiries.

The delinquent used this opportunity to escape? No! Only we would think so.

But the German lawyers see it the same way, just a little more complicated:

With regard to the speciality protection from Portugal (the abolition of which was neglected as described above), the German federal judges are of the opinion: "The defendant lost the speciality protection by voluntarily going to the Netherlands and later to Italy at the latest 19 days after his release. (...) Anyone who voluntarily leaves the Member State which accepts a restriction of his or her sovereign rights by the speciality protected surrender can no longer invoke this protection, irrespective of any return."

CB's argument and that of his star lawyers, on the other hand, is - and I will describe it in blunt manner: he did not "leave" Germany in the strict sense of the word, he just took a little holiday and would have come back.

I hope you enjoyed reading despite the terrible official language.

Greetings from Paula

Thanks for that incredible amount of work. A lot to think about but I see the concerns. I am still working through it but it is a very good defence.

Like you I am 'surprised' at the quality of any lawyer confident enough to not only come up with it but to have worried German prosecutors. More so now you say one of them doesn't need the publicity

A lot to think about there but the nobody can believe the 'holiday story's surely.

Yet again Portugese inaction seems to be at fault

 

[mrjitty]

Given he's been on the radar for 4 years and no charges relating to MM, i do still believe he's part of a bigger thing.

I still think that the german police are strategically (and have been) releasing tid bits to flush out others within his circle of acquaintances for information, observation or implication and have been trading information for leniency and as a result, MM is not the current focus.

Her disappearance of course is the investigative line but the path can deviate and there hasnt yet been any charges except for those designed to keep him in the jurisdiction.

The police may decide to charge him with multiple cases of child abuse or rape etc etc, which could put him in prison for a long time - even as many as he wouldve received if convicted of MM.

what i dont get is how a prisoner can access 1 to 3 lawyers when they havent had any charge. And if he is allowed a lawyer, wouldnt that only be allowed to be for representation on current matters and not of matters that may or may not materialise

I think they fancy him for one or more local things

I am hugely cynical so feel free to ignore me, but I would not be surprised if the only MM evidence they have is his "confessions"