ANSWER TO SUBPOENA OF MAY 22 1997
------------------------------------------------------------------------
Richter Ulrich
Landgericht München I
Justizgebäude
Nymphenburger
Strasse 16
D-800335 München
Spa, 1 July 1997
Landgericht
München Az. 18 Ns 112 Js 11637/96
Fax: (089) 55 97 43 54
BY
REGISTERED MAIL AND FAX
Judge Ulrich!
With regards to your subpoena of 22 May: Without
prejudicial admission, waiver, and with all due reserves:
I do not
recognize your jurisdiction.
I do not recognize the legality of your order
of punishment.
I do not recognize the legality of your subpoena.
I do
not recognize the legality of your laws curtailing freedom of speech, freedom of
the press, freedom of opinion, and freedom of expression.
I do not
recognize the legality of being asked to produce evidence when every single one
of my defence witnesses and experts is either currently in prison, or is a
fugitive from justice, for the "crime" of expressing their
internationally recognized freedom of expression, and when every one of their
expert opinions and books, have, without exception, been banned, confiscated and
burnt.
Article 10 guarantees freedom of opinion. A decision of the European Court of Justice in Strasbourg ("Notary X" case, Hugo Gijsels and Leo de Haes, February 1997), states that "an opinion need not be proven, or even susceptible to proof".
Article 6 of the European Human Rights Convention guarantees a fair trial
before an impartial judge.
I refuse to appeal.
I refuse to appear.
I take no interest in the illegal decisions of a kangaroo court plying its
trade in a foreign totalitarian dictatorship.
If you fine me, I will not
pay it.
If you put me in prison, I will go on hunger strike like Bobby
Sands.
I shall speak and write the truth as I see it whether you or anyone
else likes it or not.
Faithfully,
Carlos Porter
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[The defendant then received another subpoena, translated into English,
dated 22 August 1997, identical to the others, except that "advocacy
of violence" had been arbitrarily added to the list of crimes for
which the defendant stood accused.]
CERTIFIED TRANSLATION FROM GERMAN
INTO ENGLISH [deletions]
Criminal case against Carlos W. Porter
regarding incitement to hatred and violence [!] against segments of the
population.
Dear Mr. Porter,
You are summoned for the hearing of your appeal on
weekday month/day/year/time above mentioned building Friday October 10, 1997
2:00 P.M., Court room n. A 208/II
At the hearing you may be represented by a defending counsel on the basis of a written power of attorney.
Your appeal will have to be dismissed without hearing the case, if at the beginning of the hearing you neither appear personnaly nor by counsel with a written power of attorney and if there is no reasonable excuse for your absence.
At the hearing the evidence shown below will be presented
[Note: blank
space -- no evidence indicated].
You may request the Court to summon further witnesses and experts or to
procure other evidence, stating in your request the facts about which evidence
shall be taken. You may also bring with you to the hearing any witnesses or
experts whom you want to be examined, however, you have to inform the Court
immediately about their names and addresses
[Note: No doubt so the court
can arrest them and burn their books].
If you should not be able to pay for the travelling expenses out of your own resources and furnish proof thereof, you may submit an application for a travelling allowance to the above-mentioned Court or, in urgent cases, to the Local Court competent for your place of residence.
Yours faithfully,
signed: Weingart
Court employee Clerk of the Court's office
LIST OF EVIDENCE Documents: [blank] [!] Other evidence: [blank] [!]
In my capacity as sworn translator for the English language duly registered with the Regional Court Munich I, I confirm: foregoing translation of the document, drafted in German language and presented to me in the original, is correct and complete [!]. Munich, August 25, 1997. [stamp]
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