Bundeswehr Vaccine Case

Re: The Legality of Vaccine Mandates for Germany’s Armed Forces

 

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Facts of the Case

  • Dates: Complaint filed Dec 2021
  • Location: Leipzig, Germany
  • Court: Federal Administrative Court (BVerwG)
  • Case #: BVerwG 1 WB 5.22 und BVerwG 1 W-VR 3.22 & AZ. BVerwG 1 WB 2.22 und BVerwG 1 W-VR 1.22
  • Plaintiffs: 2 Air Force officers
  • Plaintiff’s Lawyer: Wilfried Schmitz
  • Defendant: German Federal Ministry of Defense
  • Trial Type: military complaints procedure
  • Witnesses: Prof Bhakdi, Prof Burkhardt, Tom Lausen
  • Judge:
  • Status: Next Hearing June 7, 2022
  • Verdict: TBD


*updated May 06, 2022

 

Background

In November 24, 2021 the German Federal Ministry of Defense introduced a vaccine mandate for all army personnel numbering over 200,000. Already by Nov 2021 the German lawyer Wilfried Schmitz was supporting two Air Force Officers who had rejected the obligation to be vaccinated as prescribed by this order. The basis for refusal was their own research which led them to realise that the Covid vaccine is not a conventional vaccine but a genetic concoction which clearly:

  • does not stop the transfer of disease from one individual to another and also,
  • does not fight disease

These soldiers were vilified by their superiors and labelled as ‘Querdenker’ (lateral thinkers) as commented by RA Schmitz in an interview during the Corona Ausschuss Session# 99 [1]

Application for annulment of the orders were filed on 6 December 2021 and 12 December 2021

According to army legal protocol (para #21 of military law), any challenge to such an order has to be dealt with in the highest Federal courts. [1] Accordingly, in March 2022, RA Schmitz assembled a team of qualified lawyers to prepare the case for the plaintiffs. The team comprised the following legal experts:

Beate Bahner, Dr. Brigtte Röhrig, Prof. Dr. Martin Schwab, Sven Lausen,  Göran Thoms

Documentation to support the plaintiff’s case amounted to 500 pages of evidence and legal argument. [2]

The first Hearing was set for May 2 2022

A second Hearing will be on June 7, 2022

(See more under Proceedings below)

 
Some Statistics
In the German armed forces, there were just under 60,000 cumulative cases of Corona (positive test) from March 2020 to the end of April 2022. On 29 April 2022, 6,950 soldiers were Corona positive. With 180,000 soldiers, this is a fairly high incidence, about five times higher than in the (civilian) population. And this with a higher vaccination rate in the troops (94 percent) than in the population as a whole. [6]

 

 
Just two soldiers have died with or from Corona in the German Armed Forces in two years of pandemic. And this despite the fact that it is part of the military’s DNA to frequently move in condensed groups. [6]
 
47 cases of vaccination side effects have so far been reported by the Bundeswehr to the Paul Ehrlich Institute. Among them 5 x myocarditis, several thromboses, skin diseases, allergy outbreaks, etc. [6]
 
A soldier, over 50 years old, died in connection with the Corona vaccination after atrial fibrillation. [6]

 

Significance

First legal challenge to a military vaccine mandate in Germany.

 

Plaintiff’s Argument

A key point in lawyer Schmitz’s legal argument is that according to Article17a of the military law, the soldier has to do everything to maintain his/her physical integrity so if they submitted to the vaccine in full knowledge of its known adverse effects, they would be risking impairment of their own health which is a contradiction to Art. 17a

 

Defendant’s Argument

(From the Court Hearing Announcement)

The Federal Ministry of Defense considers the application already inadmissible because the amendment of the administrative regulations does not yet encroach on the soldier’s legal sphere. Moreover, the inclusion of the Covid 19 vaccination in the list of basic vaccinations to be generally carried out was lawful. The soldier’s fundamental right to physical integrity was effectively restricted by § 17a para. 2 sentence 1 no. 1 SG. The provision permitted the ordering of a protective vaccination against the coronavirus Sars-Cov-2. The vaccination served to prevent a transmissible disease, even if it did not offer complete protection. It was sufficient that it reduced the probability of infection and the risk of severe courses of the disease. This was proven on the basis of current scientific studies and according to the surveys of the Robert Koch Institute. There are also no disproportionately high vaccination risks associated with vaccination. The use of the vaccine is continuously monitored by the competent European authorities and the Paul Ehrlich Institute. In its safety report, the PEI comes to the conclusion that serious side effects occur very rarely and do not change the positive risk-benefit ratio of the vaccination. The vaccination also does not violate national or international regulations. [3]

 

The Proceedings

Hearing: May 2, 2022

A first hearing took place on 2nd May in the Federal Administrative Court in Leipzig

The soldiers’ complaints were heard in detail by the 1st Military Service Senate of the Federal Administrative Court. The court has jurisdiction in the first and last instance. The presiding judge emphasised that a decision would only apply to the two officers because of the special features of the law on military service appeals. In total, the court had received about ten complaints from soldiers from different areas. [4]

The applicants were represented by Beate Bahner, a lawyer specialising in medical law, and by Göran Thoms, a lawyer. Prof. Sucharit Bhakdi, the data analyst Tom Lausen and the pathologist Prof. Arne Burkhardt were among the witnesses who were very well prepared. The lawyers and representatives of the opposing side, on the other hand, were unable to adequately answer specific questions about robust figures, data and facts. The lawyers for the plaintiffs have requested the release of further data concerning the Corona situation and the side effects of vaccination from the Federal Armed Forces. Further motions for evidence are being filed. [5]

The court no longer had to make a decision in the summary proceedings, as the Federal Ministry of Defence (BMVg) has undertaken not to initiate disciplinary proceedings against the complainants as long as these proceedings have not been concluded; a decision on the merits has not yet been made. [5]

 

Witness for the BundesWehr

The Bundeswehr lawyers and doctors…did not deviate one millimeter from their opinion during the trial that only the supposedly super-effective vaccination could reduce the number of infections.When asked by the plaintiff side how many Corona cases there had been in 2020, 2021 and in 2022, ideally broken down by before vaccination and since vaccination, the Bundeswehr side could not provide any information.One of the Bundeswehr doctors interviewed stated that in the case of minor complications following Corona vaccination, a delay of up to two years in reporting to the PEI was assumed. However, the 47 serious cases (see above) were reported immediately. [6]
 
Witness for the Plaintiffs: Data analyst Tom Lausen
 
reported on the data of the German company health insurance funds of 10 million insured persons on vaccination side effects. These had increased disproportionately in 2021. According to the analyst, this was proven by the figures he had seen. [6]
 
Last year, 4.2 times more vaccinations were given than in the previous year, there were 16 times more reported serious side effects and, according to hospital calculations, 282 deaths. Lausen’s conclusion from this: the Bundeswehr data are under-reported. [6]
 
Lausen continues: With a ratio of 383,000 to 373,000 days, the dependent part of the German population had been on sick leave from 1.1.22 until today more often because of the vaccination and its reactions and consequences than because of Corona.  [6]
 
Witness for the Plaintiffs: Prof. Sucharit Bhakdi
 
He had learned in his studies what the Nuremberg Code is. According to it, medical experiments must always be voluntary. In the case of harmful effects, termination is mandatory. Prof. Bhakdi explained the essence of a meaningful and protective, vaccination. The Covid vaccination does not fulfil these requirements. [6]
 
He described how Pfizer had cheated in the registration trial. PCR-positive patients in the unvaccinated control group were listed as “sick”. In addition, no side effects were observed in 20,000 vaccinated patients in the registration trial. Prof. Bhakdi considers this to be falsified. He says it is known that humans have natural immune cells that protect them against the Coronavirus. [6]
 
Two people knew this at that time in Germany and now we are both sitting here next to each other,” said Prof. Bhakdi, addressing directly the Bundeswehr infectiologist Dr. Roman Wölfel, who was also present, and who had said exactly this in an interview a few months ago. [6]
 
Prof. Bhakdi explained in his questioning that a brand new study from the Charité in Berlin, in which Prof. Drosten participated and which was published in the internationally renowned medical journal‘The Lancet’, would show the ineffectiveness of the Covid vaccination against Corona. [6]
 
From Prof. Bhakdi’s point of view, people are being poisoned with these untested substances. Autoimmune diseases in unprecedented numbers will be the result, so-called killer lymphocytes threaten to destroy various body organs of the “vaccinated”. The scientist’s appeal is clearly and directly addressed to the Bundeswehr representatives: They could do the country a great service by dropping compulsory vaccination in the armed forces, Prof Bhakdi said. “Corona vaccination is a cardinal crime against humanity” [6]
 
Witness for the Plaintiffs: Prof Arne Burkhardt
 
a pathologist who has diagnosed the Corona vaccination as the cause of death in 80 per cent of those he has autopsied, was due to speak afterwards. [6]
 
 
 
Hearing: June 7, 2022

In the continuation hearing scheduled for 7.6.22, an expert from the Paul Ehrlich Institute (PEI) will be heard and is to explain how the PEI works and in particular how it collects data on Covid-19 vaccine side effects.(5)

Yet to be heard

 

Relevant Prior Judgements/ Cases

A very interesting prior decision is the Verdict from June 21, 2005 – BVerwG 2 WD 12.04.

In this trial, a soldier was vindicated who had disobeyed orders, the execution of which would have made him a knowing participant in the war of aggression against Iraq instigated by the United States and Great Britain.

 

Decision

A decision is expected immediately following the continuation hearing set for June 7

 

Aftermath

a further hearing is scheduled for June 7, 2022

 

Media


German MSM reports on Hearing 1 of Armed forces Vaccine Case -May 4 2022

source: shortXXvids.com


German MSM reports on Vaccine Injuries

source: shortXXvids.com


German Pathologists Say Vaccines Kill

source: mwgfd


Mark Steyn Talks to Widows of Vaccine Victims : Thursday 5th May

source: GBN


German Insurance Companies Sound Alarm on Vaccine Injury

source: shortXXvids.com


Geman MPs Punishable for Vaccine Deaths if Mandate

source: shortXXvids.com

 

References

  1. Corona Ausschuss video extract
  2. Legal Documents
  3. Court Hearing Announcement
  4. First Court Hearing – Berliner Zeitung Report
  5. Press Release from Anwälte für Auflärung
  6. Bundeswehr and compulsory vaccinations -Prof. Bhakdi in court

 

Keyword

Adverse, Armed Forces, Bahkdi, Bahner, Bundeswehr, Burkhardt, Defense, Effects, germany, Göran Thoms, Leipzig, Mandate, Martin Schwab, Paul Ehlrich Institute, Queerdenker, Reactions, Refusal, RKI, Robert Koch Institute, Röhrig, Schmitz, Soldier, Sven Lausen, Vaccine


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