Bundeswehr Vaccine Case

Bundeswehr Vaccine Case

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: 3 Judges & 2 lay judges from the Air Force
  • Status: Decided (July 7, 2022)
  • Verdict: TBD


*updated July 10, 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 (see summary below)

A second Hearing will be on June 7, 2022 (see summary below)

A third Hearing will be on July 6 and 7, 2022

(See more under Proceedings below)

 
Relevant 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 of 7.6.22, an expert from the Paul Ehrlich Institute (PEI) was scheduled to be heard and to explain how the PEI works and in particular how it collects data on Covid-19 vaccine side effects.(5)

The PEI is the government funded organisation charged with the task to evaluate vaccine safety. [6]

An expert witness from the Paul Ehrlich Institute told the court that the PEI does not receive the data concerning vaccine adverse reactions from the Krankenärztlichen Vereinigung (the Association of Statutory Health Insurance Physicians). This confirms the statement made by the lawyers of the plaintiff. [6]

Based on this new finding, and very early into the second day, the court decided to adjourn the hearing and has set dates of 6th & 7th July for the continuation of the process. [6]

 
Aftermath & Media from the Hearing of June 7, 2022

On June 22, 2022, German Health Minister Lauterbach admits in tweets and on video admits that there were “very serious side effects” & even deaths. [7]

In the Berliner Zeitung article of June 21, 2022 which reports on German Health Minister Lauterbach’s statements admitting covid vaccine side effects and deaths: Professor Bernhard Schieffer, MD, is Director of the Clinic for Cardiology, Angiology and Internal Intensive Care Medicine at the University Hospital in Marburg. He looks after patients with post-vac syndrome in a special outpatient clinic. Schieffer comments on Karl Lauterbach’s statements as follows: [8]

“Unfortunately, your statements on the severity of Post-Vac, which is supposed to be lower than Long-Covid, do not correspond to our clinical experience. I would recommend that such statements be guarded as sufferers of any disease entity will be blindsided.” [8]

 


Lawyer Großenbach reports on the hearing -June 19 2022

source: shortXXvids.com


German lawyer Großenbach Speech outside the PEI on June 14, 2022

source: longXXvids.com


Statement from Expert Witness Tom Lausen (Data analyst)

source: Lawyer B Bahner & shortXXvids


Epoch Times Reports on 2nd Hearing -June 9, 2022

source: Epoch Times


Epoch Times Report on 2nd Hearing -June 7, 2022

source: Epoch Times

 

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

The Federal Administrative Court in Leipzig today rejected as unfounded the petitions of two Air Force officers against the obligation to tolerate Covid-19 vaccination. [9]

In a court Press release it was stated:

the General Regulation was found to be formally and substantively lawful. The Federal Ministry of Defense issued the regulation in a proper procedure and, in particular, involved the soldiers’ representatives. Within the scope of its authority to issue directives under Section 10 (4) of the General Regulations, it was entitled to determine the group of necessary protective vaccinations by administrative regulation at its own discretion. This is because the Soldiers’ Act contains an explicit provision in § 17a SG* that every soldier is obligated to keep himself healthy in the interest of fulfilling his military mission and to tolerate medical measures to prevent communicable diseases against his will. The reason for this is that military service has always entailed a particular risk of spreading communicable diseases due to working together in confined spaces (vehicles, ships, aircraft), exercises and deployments in special natural hazards, and communal life in barracks. The law expects every soldier to contribute to his personal operational capability and thus to the overall functioning of the Bundeswehr (Article 87a of the Basic Law) by tolerating protective vaccinations. The maintenance of one’s own operational capability is a central duty in the soldier’s sovereign service and loyalty relationship (Art. 33 Para. 4 GG). [9]

The Federal Ministry of Defense did not exceed the discretion granted to it when it introduced the toleration requirement in November 2021. At that time, the delta variant of the SARS-CoV-2 virus posed a significant threat. While existing vaccines could only reduce the risk of infection and transmission, they reduced the risk of severe courses by 90%. In its decision on the facility-based vaccination requirement, the Federal Constitutional Court confirmed the existence of a worsening pandemic situation in the winter of 2021 and explained in more detail that, according to the prevailing expert assessment at the time, a significant reduction in the risk of infection and transmission was assumed as a result of the Covid-19 vaccination (BVerfG, decision of April 27, 2022 – 1 BvR 2649/21 – paras. 157 ff., 173 f.). [9]

The Federal Ministry of Defense was justified to rely on the safety reports of the Paul Ehrlich Institute in its assessment of vaccination risks, even though this specialized authority has not yet received the data from the associations of statutory health insurance physicians, contrary to Section 13 (5) IfSG. The persuasiveness of the official information provided by the two specialist authorities has not been thoroughly shaken by the numerous objections raised by the applicants. [9]

However, the Federal Ministry of Defense is obliged to evaluate and monitor the maintenance of the Covid 19 vaccination. This is because standing orders must always be reviewed to determine whether they remain proportionate and discretionary in light of changed circumstances. The waning of the threat posed by the SARS-CoV-2 virus and the reduction in the effectiveness of currently available vaccines are circumstances that make a renewed discretionary decision to order further booster vaccinations appropriate. In addition, an evaluation of the decision has been promised to the full Board of Trustees in the conciliation process. [9]

 

Aftermath

Court witness, Dr. Hans-Joachim Kremer (who has decades of experience in clinical research and works as a freelance medical writer) wrote an opinion: [10]

A political verdict that makes a mockery of all evidence and logic.

It was probably already the case that some of the mainstream narratives were refuted. At least the one about the overloading of the intensive care units.

In any case, the presiding judge was already more restrictive in June and allowed only a few arguments from the complainants’ experts. Thus, Prof Kämmerer was the last from this side to be allowed to give a presentation. All further presentations were rejected. The experts could only ask questions to the experts of RKI and PEI. And even there the presiding judge kept a strict time management. And my impression was: The trickier the questions to the government representatives, the more the questions were hindered or prevented.

Dr. Mentzer from the PEI, for example, only knew how to stammer in response to the question of how many 2500 by 2500 was that one would have to ask a statistician about this, and that he was only a medical doctor. The representative of the RKI, Dr. Wichmann, could at least at one point make the claim that the vaccination effectiveness against severe courses was 99%. If I remember correctly, this statement remained more or less uncommented in a jumble of many others.

At the July 7 hearing, PEI statistician Dr. Dr. Oberle was to be questioned about the safety analyses, first and foremost the OvE and SMR (more details in these TKP articles from May and June). Because Dr. Oberle had reported a positive PCR test, the questioning took place by video link. Prof. Kuhbandner had taken on the task of teasing out a number from her as to when her SMR analysis would show a signal in terms of deaths. After much back and forth, she admitted that this would only be true at a number well above 70,000 for one vaccine alone, i.e., when a medium-sized city was wiped out. .. And she vehemently defended the per-dose analysis, but that increases the denominator by about three times, so reduces the signal even further.

The court allowed the attorneys to question the relevant expert from PEI, Dr. Wagner. In fact, the judge allowed a longer questioning here, as long as they did not specifically go into the nitty-gritty. But when Prof. Matysik asked concrete questions, the judge started pushing again. At least Prof. Matysik was able to tease out a few surprising points:

  • The allowed pH range for Comirnaty is 6.9 to 7.9, which is surprisingly wide, since the final product is buffered and should therefore be set to point. The wide range indicates significant quality issues in the manufacturing process.
  • PEI does not have a Raman microscope that would allow detection of graphene or graphene hydroxide.
  • In general, PEI does not pay attention to any external reports such as the findings on graphene or graphene hydroxide or the “how bad is my batch” page.
  • No “next generation sequencing” is done.

Unfortunately, the question was lost as to whether PEI also checks peptide expression of modRNA or DANN. Such an analysis would be important to determine the quality of action of the vaccine. Even then, however, “next generation sequencing” would have been more than appropriate. It is possible that the PEI can refer back to the licensed specification, which does not provide for this. But then one has to ask: Why did PEI, as an essential EMA member, not insist on such analyses? Without them, neither the identity nor the integrity of the modRNA or DNA sequences can really be assessed.

It was also important to note that although PEI receives information on batches in addition to the adverse reaction reports, it has not yet evaluated them. Also a significant deficiency.

The court criticized the quality of the data collection, but said the PEI’s signal finding, despite some question marks, could not be faulted on the whole.

It ordered the Federal Ministry of Defense to present a benefit-risk analysis before further booster vaccinations and to introduce a vaccination evaluation within the Bundeswehr.

 

The Berliner Zeitung reports: [11]

According to Presiding Judge Richard Häußler, in November, when the decree came, the coronalage was “very serious.” Incidences had risen, he said, and there had been an increase in the compared to even more dangerous delta variant prevailed, and there was concern that hospital capacity would be insufficient. There had also been a warning signal to politicians through the recommendations of experts and scientists, so that they had seen the need for vaccination of soldiers.

The court also agrees with the Federal Constitutional Court when it declared mandatory vaccination in nursing and medicine to be constitutional at the end of April.

“We agreed with this assessment,” Häußler said. According to the court, vaccination could only reduce the risk of infection and transmission, but at the same time reduce the risk of a severe course by 90 percent.

The Court agreed with the assessment that the vaccination still had a relevant protective effect even against the omicron variant. The positive effect clearly outweighs the risk. According to the current recommendation of the Robert Koch Institute, this also applies to younger adults under 60 years of age.

However, the ministry must evaluate and monitor the vaccination requirement, the court demanded. Standing orders must always be reviewed to determine whether they continue to be proportionate and discretionary in light of changed circumstances. Therefore, before ordering further booster vaccinations, the findings must be re-evaluated, because the dangerousness of the virus is decreasing and the currently available vaccines are becoming less effective.

Häußler said at the announcement of the verdict that side effects could occur and that there were gaps in the data collection – but that the court concluded in its evaluation that the benefits of the vaccination outweighed the disadvantages. He had already made it clear at the start of the hearing in May that the decision in the present case concerned only the two officers who had filed the lawsuit. Other cases involving soldiers from different units are pending before the Federal Administrative Court.

After the ruling, one of the two plaintiffs, Marcus B., said he had to “acknowledge” it.

The other plaintiff, Christian B., left open whether he would now be vaccinated. “I need a summons for a vaccination,” he said, and did not rule out dismissal.

 

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


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Measles Isolation Case

Measles Isolation Case

Measles Isolation Case

Re: the Dispute of the outcome from a competition that challenged its participants to prove the detection of the measles virus

 

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Facts of the Case

  • Dates: Feb 16, 2016
  • Location: Stuttgart, Germany
  • Court: Higher Regional Court of Stuttgart
  • Case #: OLG Stuttgart Urteil vom 16.2.2016, 12 U 63/15
  • Plaintiff: Mr. David Bardens
  • Defendant: Dr. Stefan J Lanka, PhD
  • Trial Type: Civil
  • Judge: Karl-Heinz Oleschkewitz
  • Status: Decided
  • Verdict: for the Defendant

*updated: Jan 21 2022

Background

Stefan Lanka is the biologist/virologist who detected what is arguably the first virus proven to exist and was one of the early critics of the AIDS-HIV dogma. [7]

In 2011, a former Federal Minister of Justice contacted Dr. Stefan Lanka to ask for scientific data that may help stop the legalization of mandatory vaccination for measles. [1]. Thereafter, in consultation with a leading senior state prosecutor, a plan to offer prize money for the proof of the “measles virus” was formed. In doing so, the concerned parties had realized that it would be impossible to challenge the existence of the “measles virus” directly in the court room. They anticipated the possibility that a civil trial may result from the “measles virus bet”, which could be used to legally challenge the science behind the claims that the ‘measles virus’ exists, and that vaccines for measles were safe and effective. (see pg 9 of “the virus misconception part 1) (1)

On November 24, 2011, the defendant Dr. Lanka offered a prize money with the header announcing

 

*****************

The measles virus

EUR 100,000!

WANTED

The Diameter

*****************

 

The context for the bet is detailed here and here but also briefly summarized below: (2) (3)

The text that followed this announcement not only provided the specifications that a contender needed to follow, but also provided a detailed context for the bet. A summary of these is provided below. For details, see (2) (3)

  1. Consequent to the swine flu debacle of 2009, vaccine sales experienced a swift downfall, with the German market experiencing a 29% reduction in revenue for influenza vaccines in 2011 compared to an year before.
  2. In 2011, the German government and the WHO drummed up fearful scenarios of a measles pandemic and its severe consequences as briefed below.
  • Prior to the bet, brochures distributed throughout Germany gruesomely painted the measles virus as lethal and capable of inducing severe brain damage. On the basis of these threats, vaccinations were strongly advocated for the entire family.
  • Soon thereafter, WHO announced 26,000 confirmed cases of measles in 53 countries since Jan 1, 2011, with 14,000 being in France. This raised the spectre of a measles pandemic invading directly from France. (4)
  • In November 2011, the government proclaimed Paul Ehlrich Institute as having demonstrated measles virus transmission through the trachea, and showcased how attenuated measles viruses were even being used in cancer therapy.
  • Then followed the claim that 164,000 people died of measles every year out of the 55 million people infected. The frenzy was exacerbated with the announcement that measles cases had doubled in Berlin with the disease taking a severe course in many.
  • Soon came a statement from the Berlin health senate: “The current situation calls for a review of vaccine hesitancy especially among the enlightened”

 

The Rules & the importance of the Diameter of the Measles Virus

Against this background, Dr. Lanka explained why the diameter of the virus was a key requirement to win the bet. Within the framework of the Basic Law and the Infection Protection Act (IfSG), the Robert Koch Institute had a responsibility to conduct independent research on the causes of measles. If indeed German researchers worked with the measles virus on behalf of the Federal government for vaccine research and for cancer research, this research must surely be documented, and as a primary attribute of the measles virus, its diameter must be known and recorded.

On November 24th, 2011 Dr. Stefan Lanka offered a prize of 100,000 Euros to any person who could present a scientific publication in which the existence of the measles virus is claimed, proven, and in which its diameter is determined. He emphasized that the money will not be paid if the diameter is estimated from a model representation or from a computer graphic.

Further, Dr. Lanka encouraged people to address questions about the measles virus including the determination of its diameter with the Robert Koch Institute (RKI), and recommended the citizens to report any failures in their response to the Federal Ministry of Health.

 

The Challenger

The plaintiff, Mr. David Bardens, a young medical student had first contacted Dr. Lanka the defendant on January 16, 2012 to confirm the bet and its conditions. Within a period of 15 days, he presented a collection of 6 (six) papers which he claimed contained the scientific proof that the defendant sought through his bet.

However, being the scientist who first isolated and biochemically characterized the first viral structure from algae and being thoroughly familiar with the scientific literature on the ‘measles virus’, Dr. Lanka rejected this claim. The first paper in the collection was written by John Enders, the ‘discoverer’ of the ‘measles virus’, together with Peebles in 1954. In this paper, Enders reported that cells grown in a culture died after the introduction of the saliva or blood of a measles patient.

Concluding his report, Enders stated that such a death of cells could be evidence either of the presence and proliferation of the suspected measles virus, or of unknown factors including unknown viruses in the monkey kidney cells used in the culture. Finally, Enders admitted that his laboratory experiments may have no relevance to real measles in humans.

 

The First Trial – April 2014 to March 2015

Lower regional court of Ravensburg (Landgerichts Ravensburg vom 12.03.2015 – 4 O 346/13)

Legal arbitration was sought by David Bardens in the Ravensburg Regional Court in 2014. Although, Bardens did not strictly adhere to the conditions of the bet, the court accepted his case. The presiding judge Matthias Schneider appointed Prof. Andreas Podbielski to deliver an expert opinion on the scientific matter under question — whether the papers presented by Bardens met the conditions of the bet laid out by the defendant.

The expert who was commissioned by the court, a University professor from Rostock, explicitly confirmed in the first ruling of the County Court of Ravensburg, that none of the 6 presented publications provided any proof of existence of the virus. [7]

On March 12, 2015, judge M. Schneider made a ‘chair judgement’ based on the written opinion of Prof. Podbielski, just after this expert was questioned in the court. In this manner, Judge Schneider prevented the full course of civil proceedings, in particular counter claims by the defendant. In this ‘chair judgement’, the judge ordered the defendant to pay the prize money of Euro 100,000 to the plaintiff.

 

The second Trial – December 2016

Higher regional court of Stuttgart (OLG Stuttgart Urteil vom 16.2.2016, 12 U 63/15)

Following the Ravensburg decision Dr. Lanka appealed this decision at the Higher regional court of Stuttgart as outlined below. (6)

 

Significance

Scientific significance:

In Science, the concept of a virus is ill defined. Around the birth of germ theory,

  • it used to mean a poison associated with disease.
  • Later, it was believed to be a protein that could self-replicate.
  • After nucleic acids were identified as the genetic material, the virus was believed to a nucleic acid molecule surrounded by a protein coat.

In the scientific literature, the existence of a virus is inferred on the basis of effects alleged to be caused by viruses. One such alleged effect was reported by Enders and Peebles in 1954 and forms the basis of the majority of virus discoveries.

This effect is the death of cells in a tissue culture after a bodily fluid obtained from a sick patient is introduced into the culture. However, to date this is not the only experimental condition that is changed in such setups. Along with the introduction of the patient sample, the setup is changed with respect to concentration of antibiotics and nutrient solutions. In connection with the measles experiments of Enders and Peebles, Dr. Lanka has scientifically demonstrated that the death of cells in these experiments result from the experimental setup and not because of the introduction of bodily fluids from sick patients.

 

Legal significance:

This case raises questions about

  • the process of scientific facts in virology,
  • the fragility of the ‘expert judgement’ of scientific experts,
  • the legality of the measles vaccination carried out in Germany, and
  • whether the Robert Koch Institute is justified in not carrying out independent research on the causes of measles.

 

Plaintiff’s Argument

Mr. David Bardens, the plaintiff, claimed that a collection of six papers contains scientific proof of the existence of the measles virus and that the diameter of the virus is determined in these works. (3) (5)

 

Defendant’s Argument

The defendant argued that the scientific papers submitted by the plaintiff did not carry out control experiments to rule out what Bardens was claiming as proof of the measles virus was not from cellular debris or byproducts of its putrefaction, or of vesicles used by the cell to transport material in and out of the cell (see Nobel Prize in Medicine/physiology for 2013). In addition, a single paper in which the diameter of the virus was reported along with that of the discovery of the virus was required to win the bet. (5)

 

 

Decision

“Biologist Dr. Stefan Lanka does not have to pay a 100,000 Euro reward to the Saxony based doctor David Bardens after all. Bardens had tried to prove the existence of the measles virus by submitting 6 publications. Lanka had offered the reward to anyone, who presented a publication, in which the virus was proven to exist and in which the diameter of the virus was determined. the District court of Stuttgart rules in an appeal of Feb, 16th, 2016 that the demanded proof was not presented. [7]

Also the expert who was commissioned by the court, a University professor from Rostock, explicitly confirmed in the first ruling of the County Court of Ravensburg, that none of the 6 presented publications provided any proof of existence of the virus. [7]

Further, in explanation of the decision, the court stated, that the person offering the reward also decides the conditions the bid must fulfill.” [7]

The judges discovered several procedural violations. For example, the primary evidence in the case was the six papers claimed by Bardens to contain scientific proof on the measles virus. This evidence was not collected by the Ravensburg court before it made its judgement. (5) (6)

Secondly, they found inconsistencies in the opinion of the scientific expert appointed by the Ravensburg court. One of the interesting facts is that the scientific expert did not have any scientific publications in the field of virology at the time he made his expert opinion. Further, they found that the expert had either not read all the 6 papers or had deliberately misinterpreted them. (5) (6)

Most importantly, the Stuttgart court could not find any logical backing to the assertion that the six papers together or individually did not fulfill the criteria of the award — proof of the measles virus along with a determination of its primary physical attribute, the diameter of the virus (in other words, an electron micrograph of the virus particle along with a biochemical analysis of the constituent molecules of the same virus particle). (5) (6)

 

The higher regional court at Stuttgart overturned the decision of the Ravensburg court and decided that the six papers submitted by Bardens did not individually or collectively prove the existence of the measles virus along with an estimate of its diameter.

(Note: this collection includes the seminal paper on the ‘discovery of the measles virus’ by Enders JF and Peebles TC. Propagation in tissue cultures of cytopathogenic agents from patients with measles. Proc Soc Exp Biol Med. 1954, 86(2): 277–286.) (5) (6)

As a result, the plaintiff Barden’s claims about winning the bet were dismissed. In the course of the judgement several interesting facts came into light. Among these, the ones listed in paragraph 30 of the judgement are most relevant to the judgement: (6)

  • The six publications submitted (by Bardens) did not fulfill the criteria of the award, neither individually nor as a whole.
  • The Ravensburg court did not (collect and) examine the papers under dispute (claimed by Bardens to contain unquivocal proof of the measles virus; neither did Bardens submit them to the court).
  • The Ravensburg court accepted arbitrary statements by the expert Prof. Podbielski who had interpreted them contrary to the statements and intentions of the authors of the 6 scientific papers mentioned here.
  • The statement received from the Robert Koch Institute (RKI) claimed that the measles virus contains ribosomes. However, ribosomes are only found in living organisms and by the expert statements of Prof. Podbielski refuted that the materials claimed by RKI is a virus.
  • The Ravensburg judgement wrongly stated Prof. Podbielski as having said that the scientists who wrote the six papers had carried out control experiments (the control experiments serve to rule out the possibility that cellular debris were misinterpreted as the alleged measles virus the scientists were seeking).

The scientist ordered by the County Court of Ravensburg of the university of Rostock stated clearly, that none of the six presented publications alone provided irrefutable proof. [7]

only an overview of all these publications could be “regarded“ as “evidence“ was the verdict, given by the judges [7]

The judge went on to say, that a court could not decide upon such scientific questions. This must happen within the scientific community. [7]

 

Aftermath

After losing the case at Stuttgart, Bardens tried in vain to appeal to the Federal Court of Justice (BGH).

His case was rejected by BGH on December 1, 2016. (5)

 
Changing Measles Definition?
  • “In the first edition of ‘Vaccine’, the worlds most prestigious compendium of vaccination experts, 1988, it stated; the measles virus is spherical in shape and approximately 120 to 250 nanometers in size. [7]
  • In the latest edition in 2013, the measles virus is not spherical any more, but can be ‘various shapes’. [7]
  • In addition, according to the scientist commissioned by the court, Professor Podbielski from the University of Rostock, the virus can vary in size drastically between 50 and 1000 nanometers. “ [7]
  • and lastly, another article by Hans Tolzin points out the lack of controls in the presented publications. [7]
 
Does the trial prove or disprove the existence of the virus?

Lanka’s critics, adamantly pointed out that Lanka was only acquitted because of a small formality in the interpretation of the competition, not because the virus is not proven. however they don’t say the virus IS proven, either.

Hans Tolzin of Impfreport (Vaccination report), a leading website on independent vaccination education, wrote: after 130 years of virology, a basic discussion was born, that was overdue. Thanks is due to Dr Lanka , regardless of whether one believes in a measles virus or not, science can only benefit from this and so can our children, who are affected by the vaccination programs through which they claim they will eradicate the measles virus.”

 
Lack of control Experiments

Lanka, in advance of the appeal trial, produced several expert assessments which pointed out, very clearly, the complete lack of control experiments in each one of the six publications presented as evidence. Such control experiments are claimed to be indispensable to a definitive outcome of an experiment. [7]

For instance, according to Lanka, the described experiments do not rule out, that components of the cell cultures used as evidence could be erroneously claimed to be the sought virus. (ie: the claimed virus could be artifacts of the methods and ingredients used in the experiment) [7]

According to a paper by professor Harald Walach from Frankfurt at the Oder, cited by Lanka, this is only possible using control experiments i.e. “systematic negative controls“ [7]

 
2017 Controlled Measles Experiment
Independent scientists published in the magazine Wissenschaftsplus (April 2017) a repeat of the original 1954 virus experiment from Enders & Peebles together with a control (which was not done originally) [8]
 
they write: We, on behalf of Dr. Lanka, checked whether agents other than the alleged measles virus can lead to cell fusion with resulting cell death (= syncytia formation) in cell cultures that look exactly like the one in the standardized protocol based on the publication by Enders & Peebles from 1954 which has become globally recognized for the detection of the measles virus. For this purpose, work was carried out strictly in accordance with the protocol of the World Health Organization (WHO) for the detection of measles infection in cell cultures. [8]
 
The results reported were: [8]
 
Depending on the non-viral and non-infectious substances added, changes in cell morphology could be observed at different times, which since 1954 is always equated with the “isolation” of the “measles virus”. Particularly after the addition of high concentrations of penicillin/streptomycin (20%) or cultivation under deficiency conditions (1% FCS), changes in the cell morphology were found that were microscopically identical to the syncytia formation described as the measles virus (Illustration 1).
 
The studies have clearly shown that syncytia formation is not specific for measles infection. Thus, the forgotten observations of both Enders & Peebles as well as Bech & von Magnus have confirmed that Enders & Peebles and successors proving the existence of a virus with this technique was only assumption
 
Mandatory Measles Vaccination in Germany

On March 1, 2020, the Measles Protection Act, which amends several laws, entered into force in Germany. The Act makes measles protection mandatory for children one year or older who attend daycare, school, or other community facilities, and for persons working in those facilities or in medical facilities. Furthermore, measles vaccinations will be mandatory for persons living or working in refugee and asylum-seeker accommodations. Noncompliance will result in fines, and unvaccinated children and persons will be barred from the respective facilities. [9]

 
The Debate Continues

The Covid Crisis has made this debate a hot topic. Many new voices have started to question the status quo. US Dr Kaufman has become a leading champion questioning the evidence of the virus science.

The consequences of virus’s not existing are enormous. It would mean that the covid pandemic was non-existent. It would mean the collapse of a mega empire of pharmaceutical drugs. It would mean that billions of people were given and in many cases forced to take drugs that were both experimental and unnecessary.

 

 

Further Research

related

 

Media


The Measles Myth

source: Dr Sam Bailey


Measles in Court

source: The Trueman Show


Report on the Measles Trial

source: ….


Dr Lanka on the Measles trial

source: ….

 

References

  1. The Virus Misconception
  2. Masern Prozess
  3. OpenJur
  4. WHO Press Release
  5. Der Masern-Virus-Prozess
  6. Justiz in Baden-Württemberg
  7. Measles virus? There is no proof of a measles virus says court!
  8. On The Track Of Enders Experiments (translated & edited by northerntracey & John Blaid)
  9. Germany: New Act Makes Measles Vaccinations Mandatory

 

Keyword

Bet, brain damage, Competition, control experiments, David Bardens, Definition, Enders, Existence, germany, Infection Protection Act, Lanka, Measles, Nobel Prize, Pandemic, Paul Ehlrich Institute, Peebles, Podbielski, Prize, Ravensburg, RKI, Robert Koch Institute, Stuttgart, Virus


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