Verden Regional Court | Daniela Klette: Deterrence and interrogation

The Federal Prosecutor's Office imposed a fine of 500 euros on me, which was ultimately upheld by the Federal Court of Justice in a written ruling. My offense: I visited Daniela Klette, who is incarcerated in the Vechta prison, and failed to comply with the summons for questioning issued by the Federal Criminal Police Office, which is sent to everyone who has contact with Daniela Klette. I have known Klette since the late 1970s and was only able to re-establish contact with her last year, after her arrest, following a 45-year hiatus.

Thirteen years ago, I had to undergo bypass surgery. Following one of the quarterly check-ups as part of the heart program recommended by my health insurance company, I submitted a certificate from my family doctor stating that I suffer from coronary artery disease, hypertension, and cardiac arrhythmia, which could lead to a risk of heart attack under stress. In the letter to me from Dr. Adams regarding the Federal Court of Justice (BGH), the coronary artery disease was reduced to a mere "complaint."

If the body is unable to regulate blood pressure, according to Prof. Dr. Philipp Stawowy, cardiologist and deputy director of the Charité Heart Center, those affected can experience an emergency if their readings deviate from normal: "Life-threatening situations such as cerebral hemorrhage, stroke, or a ruptured aorta can occur," he is quoted as saying in the "Hamburger Abendblatt." The website "Sana Medizinwelten" states that persistent high blood pressure can lead to heart attack, heart failure, or stroke: "Even slightly elevated blood pressure is enough to cause this."

The investigating authorities could easily have found these statements online. Instead, they repeatedly questioned the certificate from my family doctor, to whose predictive abilities I owe my life. They also ignored a ruling by the Federal Administrative Court that I cited, according to which a medical report from a public health officer only carries limited weight compared to one from a family doctor, since evidence must be treated equally.

My family doctor referred me to a cardiology practice. Further examinations were conducted or arranged there. The investigating authorities questioned my family doctor's certificate and summoned me for an examination by a public health officer. Since the authorities were apparently unaware that, as the Düsseldorf public health department informed me, I cannot schedule an appointment with a public health officer myself, but rather that it must be ordered by the authorities, I reported this to the Federal Criminal Police Office (BKA). Subsequently, the investigating authorities ignored the fact that cardiological examinations had been ordered in order to present the desired findings to the public health officer.

Cardiac conditions require a precise and differentiated assessment, which the public health officer cannot provide during a routine examination. Instead, he will include the results of a cardiological examination in his report, especially since he may need to explain in detail why the general practitioner's certificate is questionable.

The fact that necessary cardiological examinations were pending was not accepted as an excuse for my failure to appear at the hearing. Furthermore, the hearing was scheduled to take place during the summer heat wave, a time when health authorities were advising even those who were not ill to avoid the heat as much as possible due to the health risks.

The investigating authorities callously accepted the risk of a heart attack and imposed the fine, intended as a deterrent against contacting the detainee Daniela Klette. They completely disregarded the fact that the fine exceeds my meager monthly pension, meaning that if I were to pay it, I would be left without a single cent for five weeks – essentially starving. The judge of the Federal Court of Justice, the very body that established the principle of proportionality in such legal decisions, apparently does not recognize a minimum standard of living.

The demand to question me about "general matters of life" and to deny my right to refuse to give evidence as a journalist, a profession I have held since 1981 with a press card (as confirmed by Verdi), is also legally questionable – based on the claim that my "observations relevant to the proceedings" regarding the accused (the nature of which I do not know) are unrelated to my journalistic work. My first magazine publications date back to 1976. Investigating "general matters of life" is inadmissible.

The Federal Court of Justice (BGH) ultimately stated as justification for my summons to appear for questioning: Since I had repeatedly undertaken "excessive effort (200 km train journey)" to visit Daniela Klette, I was therefore entitled to appear for questioning. Federal Prosecutor Croissant had even fancied the "hardships" of these visits. The judges in Karlsruhe were unable to discern any difference between visiting a friend and being questioned by the Federal Criminal Police Office (BKA ), which even compelled a Swiss citizen dependent on a ventilator to be questioned in the Klette case.

The letter from the Federal Court of Justice (BGH) was immediately followed by another summons for questioning by the Federal Criminal Police Office (BKA) in Meckenheim. As in the previous summonses, the purpose of the questioning was only inadequately stated, and it was again stated that an official medical certificate would have to be submitted if health reasons were given for being absent. The BKA had to be informed once more that I cannot schedule an appointment with an official medical examiner. Apparently, the investigators fear that the official might corroborate the certificate from my family doctor.

In an interview with "Legal Tribune Online," Daniela Klette's Berlin lawyer, Lukas Theune, expressed his doubts that an indictment would ever be issued for the RAF activities she is accused of: "In my opinion, the evidence is also extremely weak." The "also" refers to the fact that in the current proceedings, being held at a riding stable in Verden, concerning several instances of fundraising, his client's presence at none of the crime scenes has been proven. Apparently, the unlawful investigation of visitors to Daniela Klette is intended to bolster the evidence.