A couple of weeks ago I posted a translation about a family law judge in Weimar who prohibited students and teachers from wearing masks in school, and overturned other provisions required by official national Corona policy.
As might have been expected, it’s unwise for any public official to oppose the narrative about the Wuhan Coronavirus as handed down from on high: the public prosecutor in Erfurt has ordered a raid on the judge’s residence, and his phone and computer have been seized.
Many thanks to Hellequin GB for translating this article from RedaktionsNetzwerk Deutschland, which is closely associated with the SPD (Social Democratic Party):
House search of the Weimar family judge: Public prosecutor investigates for perversion of the law
A Weimar family judge had ruled against the mask requirement in schools and justified this with the child’s best interests.
The administrative court overturned its judgment.
Now the family judge is being investigated for perversion of the law — and his cell phone and laptop have been confiscated.
The controversial judgment of a family judge at the Weimar district court against the Corona mask requirement at two Thuringian schools has consequences. The public prosecutor’s office in Erfurt has initiated an investigation against the judge, said the spokesman for the authorities on Monday. There is an initial suspicion of perversion of the law. The question is whether the judge has exceeded his jurisdiction with his corresponding decision. The public prosecutor’s office had received several reports against the man.
In the course of the investigation, the judge’s house was searched and his cell phone and laptop were confiscated. “This accusation is objectively and subjectively completely untenable,” said his defense lawyer, the renowned Hamburg lawyer Gerhard Strate, to the RedaktionsNetzwerk Deutschland (RND). “What the judge wrote may be disputed with good arguments, but it is carefully justified and by no means absurd. Only the judiciary can raise the accusation of perversion of the law if it anticipates the expected nuisance by the executive in advance obedience.”
Richter had stated that schools would play no role in the course of the pandemic According to the public prosecutor’s office, there are indications that the family judge arbitrarily assumed his jurisdiction, even though it was an administrative matter. The judge issued a temporary injunction at the beginning of April that children at two schools in Weimar would not have to wear Corona masks in class, contrary to the current hygiene concept of the Ministry of Education.
In his decision, the family judge relied on three reports that deny the effectiveness of various Corona protective measures. In addition, the judge had said schools played no role in the course of the pandemic.
The Weimar Administrative Court, on the other hand, recently declared the mask requirement at Thuringian schools to be permissible in class in an urgent procedure. The administrative judges classified the decision of the family judge as “obviously unlawful”. The family court has no authority to issue orders to authorities and their representatives. There is no legal basis for such a competence arrangement, it said.