Posted by: Dr Churchill | June 21, 2014

Habeas Corpus

Habeas Corpus…

Learn about this because the only way to protect your Democracy and your RIGHTS is to know what these rights are.

Otherwise You have No Democracy and No Rights either.

So Habeas Corpus is a Request for instant Judicial Review of any deprivation of yours or other people’s Liberty.

A writ of habeas corpus is a court order of the highest power that requires a person under arrest to be brought before a judge and into a court.

The principles of habeas corpus are deeply enshrined in any lawful State and especially in a Republic and a Democracy.

If you live in a Democracy, then rest assured that Habeas Corpus ensures that a prisoner can be released from unlawful detention immediately — that is, detention lacking sufficient cause or evidence.

It has historically been the most important legal instrument safeguarding civil rights and individual freedom against arbitrary state action, arrest, and imprisonment. It is the only serious bulwark of protecting the individual and communal Human Rights from the excruciating oppression of Totalitarianism.

But You have to know about it and use it.

Today in a democracy Habeas Corpus has evolved and has been extended to non-police authorities, and not just personal matters, as in the 1898 Queen’s Bench case of Ex Parte Dorothy Hopkins, which has successfully been utilized more recently in India to liberate a woman from a Muslim madrasa. So Habeas Corpus applies across the board to all forms of unlawful confinement such as debtor’s prisons, asylums, wards, military gaols, immigration camps, local police cells, refugee and IDP camps, mental hospitals, rendition centres, secret jails, tax court holding pens, family held individuals, students held in “schools” against their will, [Medresses] boarding schools, religious schools, monasteries, cults, etc. Thus all unlawfully captive people can regain their freedom under the provisions of the Habeas Corpus Writ.

A writ of “Habeas Corpus” also known as the “Great Writ” is a summons with the force of the Highest Supreme Court order, and is addressed to any prison official, police person, and persons of any Authority to imprison and hold people — “custodians” from the Sovereign, down to the Prime Minister, President, Ministers, functionaries, military personnel and bureaucrats, of any level and of any country. A Writ of Habeas Corpus requires that a prisoner be taken before a court to be seen by a judge and to have the case and cause of imprisonment reviewed immediately. Failure of any authority to obey this Habeas Corpus Great Writ disqualifies them from office.

When the “Habeas Corpus” writ is served to the “custodian” — be it a jailer, police, military, and civil official with power to hold people — it requires immediate action.That action is that they present proof of authority and justification, bringing the “prisoner” in front of a sitting Judge, thus allowing the court to determine whether the “custodian” has lawful authority to detain the prisoner. If the custodian is acting beyond his authority, then the prisoner must be released immediately and the custodian be reprimanded. Additionally any prisoner, or another person acting on his or her behalf, not only a lawyer, but any citizen, may petition the court, or a judge, for a writ of habeas corpus.

One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado, drugged, gagged, or under duress, or in secret jails, or asylums, or in “clinics” or in local village police stations, or in work camps, or in military barracks, and thus held under rather adverse circumstances, and unable to be reached or communicated with. That is the reason why all the remedies of Habeas Corpus apply always, and must be observed.

All lawful states and jurisdictions across the world, provide a similar remedy for those unlawfully detained. That is the case with functioning countries, except for the totalitarian, communist, and fascist regimes. Hitler’s Germany for example, was famous for abolishing Habeas Corpus with the curt Führer calling the Habeas Corpus an English innovation and dismissing it immediately as soon as he came into power.

Yet history showed us that this ancient innovation of Habeas Corpus is the most useful bulwark of Liberty because it clearly demarcates a Democracy from a Fascist totalitarian regime, and thus separates the bastards of statecraft from the well born and well bred Democratic citizen leaders.

Make no mistake “habeas corpus” or “amparo de libertad” as is called in some Spanish-speaking nations, best serves as remedy against unlawful imprisonment for the ‘protection of Liberty’ and offers the supreme guarantee of Democratic Freedoms and Personal Liberty.

We have observed in history that when you violate the Habeas Corpus, you shred Democracy and have no claim to lawful authority. Governing bodies, elected and non elected officials who disregard the Habeas Corpus rights of the people are subject to international arrest and can be brought to Justice because of their blatant violation of Human Rights. Such is the strength of this Great Writ that even people like Cheney and Bush had to observe it at the height of the Iraq and Afghanistan wars.

The right to petition for a writ of habeas corpus has long been celebrated as the most efficient safeguard of the liberty of the subject citizens and all other people in a lawful society. The noted international jurist Albert Venn Dicey wrote that the British Habeas Corpus Acts “declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty”

Now You might rightfully ask why is Pano harping away about Habeas Corpus?

Well … that is a good question and a valid point.

Here is the answer:

I was invited to a Conference held by the Greek Stock Exchange to promote institutional investment in the stricken country under the PR tagline Growth for Greece.

The CEO of the exchange is someone I know and respect for many years and consider a friend and I also want to help rally sustainable investment of the massive scale to tip the balance towards a Green Economy.  Mind you Greece is the only country in the world that suffers it’s seventh year of a horrible economic depression with no end on sight. Of course there is no end because Greece is at present under a German administered economic Austerity plan that is no different than any other Nazi inspired solution. People eat from the garbage bins literally and a small tiny minority is lording it over them by collaborating with the Germans. The country and it’s people suffer under a renewed occupation of the economic kind, that has resulted in this ancient country becoming a vast debtor’s prison where the once free citizens do not enjoy even the basic rights of Habeas Corpus and where confiscation of property and even bank deposits happen without any judgement by the courts.

So a person can be and does get arrested and thrown in debtor’s prison for a debt to the state of a few hundred euros. Imagine that Dickensian fate for a human being, a father of family to be thrown to jail for a small debt to the state. A small debt arising out of onerous and unjust taxation that in Greece of today with most people being unemployed — one cannot afford to pay. You surely understand that in the case of the Greek people you would do the same thing. You would also first try to feed your children and then if you have any money try to pay the taxman. But in 2014, this is the German efficiency machine in action. The Greek collaborateurs arrest people and confiscate their property with not a moment’s thought as if the people are animals with nor rights. As if that is not enough, the collaborationist Greek government further trashes the human rights of the people by announcing that they are able to lawfully confiscate the bank deposits of citizens without even a simple notification towards the affected people. And as history happens — I was reading this in the Greek newspaper of record “Kathimerini” while listening to the neo-Gauleiter of Greece, Mr Horst Reichenbach strutting about the stage and showing diagrams of fiction about an economic recovery that isn’t coming any time soon…. very much in Fuhrer mode and in english spoken with a German cadence.

This being the weekend, I had flown over from London via Brussels and Rome, where I had a series of Democracy related meetings, and had arrived in a stifling hot Athens — not in the best of moods. I headed to the seaside hotel venue of the conference and in good spirit I attempted to participate in the proceedings — all the while scanning the Italian, French, and Greek papers for signs of life. And then this moffo German mini-Führer starts spouting inanities and nonsense and am thinking that I have been transported to either a Charlie Chaplin movie in an alternate universe or I am lucid dreaming of the German Nazi era replayed in modern times.

Pinched myself hard next to the balls to wake up and I pained seriously awake recognizing that it’s not a dream but the Greek reality of 2014. To prove the point that the poor country is under German occupation on the official program the first man to address the gathered attendees on the podium was indeed the Defacto leader of the country the German Horst Reichenbach, head of the Task Force for Greece. He is the modern era equivalent of the German Gauleiter of the Nazis who ruled Greece with a convenient Collaborateur government during the WWII German occupation period. Same like today, where a collaborationist government acts on behalf of the Germans and against the interests the Greek people by destroying both Democracy and Human Rights as well as Greek society and all the Laws.

But back then it was war and the Greeks had lost. And the German National Socialist party under Adolf Hitler ruled Greece with an iron fist, through the local Gauleiter and the Wehrmacht assisted by Gestapo. The German occupation forces stole the country’s wealth, plundered all the food deposits, and even took the small national emergency grain deposits, and thus launched the Greek people into a horrible famine.

Still back then and after the war, the Greek official collaborators, the Tsolakoglou government with Papandreou as their adviser and the German Gauleiter of the Nazis, were never held responsible after the war and the Greek collaborateurs and the black marketeers intrinsically connected to the German criminal occupiers still live in Kolonaki ruling the country with their wealthy society families as Papandreou himself became a Prime minister and made certain, that his son and grandson, also ruled Greece as Prime ministers and collectively and cumulatively launched the place into the complete and utter chaos and misery it is today. It’s notable that many Greek Democrats who spoke up and objected to the unlawful provisions found themselves in the trains to Auschwitz where they met their death in the gas shower chambers due to the Greek Black market government arresting them and passing them over to the German Gestapo for further ‘processing” in to the German extermination camps.

History is the school of statecraft and will repeat itself again and again, because the Greek criminals were not tried for their war time crimes against humanity and they did not have to answer for the Million plus Greek people who starved to death. When a million people die from hunger and starvation during your reign — You’ve got something to answer for. In Greece they made the old Papandreou a Prime Minister… And that failure of justice is perpetuated today because this current coalition government thinks with a certain degree of value that they will not get prosecuted ever for their crimes against humanity.They feel they shall not have to answer for the ten thousand suicides per year due to unemployment and for the proud Greek men dying from  a broken heart when they can’t feed their families. All in the interest of the euro and the small class of today’s Black Marketeers who enrich themselves through this German led crisis and current famine. An this spirit of injustice is perpetuated, only because the Greek people themselves instead of rebuilding their society and awarding justice and honour where these were due — they launched their own civil war right after the second bloody world war. No time for Justice.No time for Society and Social justice — it will catch up with you.

And here is a view of the Great Famine during the second World War German occupation years: The Great Famine (Greek: Μεγάλος Λιμός) was a period of mass starvation during the Axis occupation of Greece, during World War II (1941–1944). The local population suffered greatly during this period, while the Axis Powers initiated a policy of large scale plunder and requisitioning of all the food supplies and emergency grain storage for the use of the Wermacht.   Moreover, the requisitions of the national emergency food deposits together with the blockade of Greece, the ruined state of the country’s infrastructure and the emergence of a powerful and well-connected with the collaborateur Greek government and with the German occupiers, black market, resulted in the Great Famine of Greece. The Great Famine, with the mortality rate reaching a peak of One Million people during the winter of 1941–1942.The great suffering and the pressure of the Greek Diaspora eventually forced the lifting of the blockade, and from the summer of 1942, the International Red Cross was able to distribute supplies; however, the situation remained grim until the end of the German occupation and the liberation of the country by the Allied Anglo-American forces.

Of course during Hitler’s World War Two from 1940-1945 the Greek collaborators were the only ones who were able to see and enjoy economic growth in the ravaged country while their countrymen were rounded up, held, tortured, and either sent to Auschwitz or summarily executed. The rest of the people had only fear, famine, and hunger, as their constant companion. No Habeas Corpus then, and no rights of any kind were given to the Greek patriots who simply strived to feed their families or did what was necessary to find a loaf of bread. Forget about those who fought to liberate their country — they were all summarily executed. Sending people to jail and certain death, without even the summary perfunctory Gauleiter military tribunals — was the norm from 1941 to 1945. And that was an evolution of the Greek Metaxas dictatorship government that preceded the war years and had paved the way for the Axis powers ascent and appetite to dominate Greece.

This seven year occupation today we are witnessing in 2014, is probably the modern era equivalent of that WWII occupation Great famine. Only now as History gets repeated the plan is a bit more subtle. First the causes of general depression, are to be found in the violent integration into the Euro-Zone and then the “assassination” of the people economically and the drive to unemployment and feelings of lack of self worth, that lead in a vicious circle of depression and eventually suicide. Whole people can commit suicide. Through Corruption, and Loss of Sovereignty, whole people can and do commit suicide. herodotus the ancient historian tells the stories of hundreds of these whole nations that are not with us anymore because they collectively lost the will to live as independent nations. Whole Peoples jumped off the proverbial cliff of history. So the modern Masters of the Universe the Germans have a clear plan to subjugate the Greek people once and for all.

I saw clear evidence of this yesterday morning hearing Mr Reichenbach explain away the unexplainable. The way to destroy a whole nation is easy and if anyone has tried to do this scientifically is the Germans. They built a network of twenty five thousand factories, camps, and processing centres, just in order to exterminate a race of people, along with the Democrats and the undesirables of Europe. They learned that game by practicing well and often. They worked at it ever since they assisted the Turks and officiated in the extermination of the Armenian people and later the German Fuhrer Adolf Hitler famously said: ” Who remembers the Armenians now?”

So the German high command is at it now against the Greeks. Deprive them of their self-worth and they will all go terminally depressed and jump off the cliff massively. Spreading division, discord, and depression, cause despair. Then people jump. It’s easy to drive a whole nation to suicide when you control everything including the food supply. Undernourished people seldom rebel and the highly excitable Greeks are easily medicated. Depressed and anxious people can’t mount a defence either. So the game is up. Once you do this to the people — the society will obey whatever You order as is the case with the collaborateurs in Greek government today and then whatever happens — you can blame it on the people all over again. Driving people to suicide is not nice but it is not a provable crime either. And if some people are still revolting against this reality — then you can place them in debtor’s prison so you can scare them enough to not have a voice to object to your crimes.

But some of us have both Memory and the balls to Lead people to rebellion against this dismal fate. It is not “Fait Accompli” because history is not written until much later, and we also remember the Armenian people as both heroes and victims of a historical crime of genocide.

In the Nyremberg trials of the Nazi war criminals we had ample evidence of the involvement of the German High Command and of the Officer Corps in assisting Attaturk and the Neo-Turks in exterminating the Armenian people. And it was this disturbing science that gave them the requisite knowledge to be able to erect their death camp network and exterminate 9 million people in the short years of their ill gotten power.

Where were the Good Germans then?

 

The Great Famine of Greece 1941-45

 

The WWII occupation years saw vast famine in Greece due to the German plunder of all food supplies. Here are corpses of Greek people collected from the streets each and every morning with the garbage trucks of the day…

That was another era that Greece and the Greek people had been subjected to severe austerity by the Germans and their local collaborators and that resulted in a serious famine that exterminated a total of 15% of the population of the country between 1941-1945. Somewhere around One million and a half of the Greek people perished because of the German caused famine that the WWII occupation brought. But today in 2014, this modern era of occupation was brought about by the occupation loans made to prop up the German collaborationist government that operates like the Black Marketeers of yesterday. They transact in the Greek state and plunder anything of value as their own.  The same names are all evident from the one hundred Greek families that were colaborateurs of the Germans and still today are. From Papandreou to Latsis, the politicians, and the bankers, they are all implicated in the modern plunder.

Yet today, it seems that the Greek people will demand justice and will surely get it…  if only because the climate of fear is subsiding and the new voices are heard and after all no occupation lasts for ever. Winds of change are breezing and today’s Greek government collaborateurs are going to be found guilty of a whole lot of crimes and when the dust settles they will be sharing cells in the same European jails where Milosevic once stood trial in Den Hague.

So now today in the year of the Lord 2014, am witnessing this Neo-Nazi German Gauleiter ruling Greece, Mr Horst Reichenbach opening up the stage on the Conference about Growth in Greece. This thing happening in 2014 — is Deja Vu all over again. Am rubbing my eyes thinking it’s some kind of a parallel Universe and maybe my constant flying has sent me in a nightmare of major proportions  … but it’s for real. Mr Horst Reichenbach,  speaking with the unmistaken authority of an occupier, in front of the leading audience of Greece’s business world, he explains with colourful slides the situation. He is showing in earnest the German-hued “facts and figures” and he summarizes the problems with the country and it’s people, and then proceeds with the German solutions about the Greek Economy. Something like the Final Solution — he is telling people do not worry about your fate and the unemployment of 58% because the same is true of the situation throughout Europe … more or less. And then he will direct the people into the Gas chambers telling them it’s a good place to get a warm water shower.

What baloney…

And people believe him and even look up to him and his Greek cronies for advise, help, and support.

Damn near impossible to decide whether to walk away or throw a chair at him. Yet the better angels of my heart prevail and I walk away to go for a swim. The sea is angry and the waves roll in and sharply vomit their foam at the bulwark. And am thinking of the forces of Nature and of how to take this fight to Berlin by sharing with you the Human Rights issues that surround this Greek Tragedy of an occupation government ruled by collaborators who do the bidding of Berlin’s emissary by suspending the basic rights of the Greek people. Tragedy it is because the present day Greek government while drowning in a sea of corruption and collaboration is truly repugnant when they not only encourage this travesty of justice but they sell out the country as a whole.  Am certain that this government Ministers and their collaborators should all be investigated and tried in the Tribunal for Human Rights of Europe. Some of the more serious and egregious acts of treason and corruption should be tried in the European Court of Justice because the Greek government personnel do not even care to act or address the hundreds of large corruption cases involving the banks and the government and their conspiracy to defraud the people of Greece and deny them their independence and their Democracy — even though they have been appraised of these cases by the whistleblowers organization AJ4JD.org

Yet the crony corruption is so devastating that this story from the papers proves the point beyond doubt.  I read in the local Greek paper yesterday that not only the Debtor’s prisons are alive and well and people can go to jail without a hearing of any sort because they owe this foreign occupation government above a thousand Euros, but that they can also have their bank deposits confiscated without any notice. And am astounded at this lack of the due process of law. Astounded and dismayed…

And people in Greece, do go to jail although we all know that Debtor’s prison has been abolished since we came into the Enlightenment of the 18th century and into the full maturity of Human Rights after the Second World War upon the signature of the new Magna Carta of Human Rights by all the Democratic Peoples of this Earth.

Still today debtors’ prisons for people who are unable to pay debts exist as an ongoing governmental institution in Greece — the only country of European Union that allows for this. These type of prisons have been used as a form of enslavement and coercion since ancient times. In the Victorian era and until the mid 19th century, debtors’ prisons were a common way to deal with unpaid debt in Western Europe. Today, through increasing access to Habeas Corpus protections, Human Rights considerations, and leniency brought through the use of bankruptcy laws — they have been rendered irrelevant over most of the world.
Yet today, debtors’ prisons exist as of June 2014, and persist in rare and undemocratic countries such as the United Arab Emirates, Greece, and Russia. But apparently under the Germans the whole of Greece has become a vast Debtor’s prison and with nary any protection from Habeas Corpus…

Debtors’ prisons are not only an anachronism but the surest way to recognize the failure of Democracy and Human Rights in a country.

According to the Council of Europe, and in article 1 of the European Convention on Human Rights [#Protocol 4], civil imprisonment and expulsion for debts are strictly prohibited. Furthermore Protocol 4 of the European Convention on Human Rights prohibits the imprisonment of people for breach of a contract.

The only member of the Eurozone that has neither signed nor ratified this protocol, is Greece.

And what reasonable institutional investor or Democratic entity will be willing to perform these hoops to come to Greece and play with this bunch of fascist morons is a great big question mark. Maybe the only ones interested are the Chinese and other totalitarian regimes who are not overly concerned with Human Rights and Democracy because they don’t have any. You see Habeas Corpus, Democracy Liberty and Social Justice are banned in China and you cannot even find them in the internet since it is censored and those words erased…  A total 1984 from George Orwell is what China is but Greece to have fallen so low? Am stunned.

So as Greece and it’s people march inexorably on the road to Serfdom — am revolting and asking you to stand with us.

Care to join me?

Yours,
Pano

PS:

For those of you still wandering — Habeas Corpus, means “you may have the body” in the old Latin…

Yet it has nonetheless evolved to mean “You can have the body and only under lawful detainment and No You cannot have the Spirit.” This at least according to a celebrated advocate no less than Nelson Mandela who as a friend confided to me the meaning he attached to the many Habeas Corpus writs he executed on behalf of many of his comrades and colleagues as well as on behalf of ordinary folk in South Africa.

Nelson Mandela had long run-ins with the Apartheid government of fascist South Africa and spent almost thirty years in the various jails of the Regime always advocating and practising the Art of the Law.

A law he respected fully especially when he revolted against “unjust laws” enacted by an Apartheid government and he spent all of his youth in trying to change these laws and bring about a Democracy.

Mandela succeeded in bringing about this Democracy and he further always respected the law especially when he came out of jail to become the President of South Africa winning a landslide during the first democratic elections this country ever held.

Today South Africa is the only true Democracy of Africa and a model for the rest of the world with growth and prosperity shared by all it’s people and the benefits of Democracy shared far and wide regardless of the colour of your skin. Something that the Greek people do not enjoy in the year 2014 and inside the Untied Europe.

What a bloody SHAME…


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