In the long-standing dispute between the Nix Gut mail order and the Stuttgart public prosecutor's office regarding the sale of items featuring swastika symbols, the mail order is now going on the offensive. After an open letter to the Baden-Württemberg Minister of Justice Goll, Prime Minister Öttinger, and the Stuttgart public prosecutor's office regarding the unlawful actions did not yield results, they are now filing a complaint against the prosecutors involved in the proceedings. They outline the expenses and loss of revenue caused by the ongoing investigations, which have been financially difficult for the small company to absorb. Furthermore, they question the legality of the investigation in light of the fact that swastika symbols are currently used in prohibition signs by the campaign "Du bist Deutschland", in the FIFA FanGuide distributed in the stadiums for the 2006 World Cup, and on election posters of the Greens. The complete indictment can be read below. The further course of events will be documented as always on the dedicated page http://razzia.nix-gut.de/.
Nix Gut GmbH * P.O. Box 3 * 71395 Leutenbach
To the
Stuttgart Public Prosecutor's Office
P.O. Box 10 60 48
70049 Stuttgart
Winnenden, June 22, 2006
Complaint against the Stuttgart Public Prosecutor's Office
Dear Sir or Madam,
We hereby file a complaint against the Stuttgart Public Prosecutor's Office and its employees who have made decisions in our case:
Prosecutor Weiß
Senior Prosecutor Häußler
Chief Public Prosecutor Seeburger
Chief Public Prosecutor Christ.
In the legal dispute between the Stuttgart Public Prosecutor's Office and Nix Gut GmbH, represented by its managing director Jürgen Kamm, a point has now been reached where we feel compelled to file a complaint against the Stuttgart Public Prosecutor's Office and the aforementioned individuals. (...)
In the following pages, we will address the individual points.
I. Political persecution of anti-fascists / Criminalization of anti-fascists
In recent months, self-identified anti-fascists have been persecuted by the Stuttgart Public Prosecutor's Office. Among others, the VVN Baden-Württemberg, various individuals, and the Nix Gut mail order have been targeted. This has been done with what we consider to be disproportionate severity and unprecedented energy.
Examples:
1. House search at our premises (Nix Gut mail order)
Eight police officers and a senior prosecutor, Ms. Weiß, searched the business premises of Nix Gut GmbH as well as the private rooms of managing director Jürgen Kamm. Over 10,000 items featuring swastikas were seized. Additionally, all mail order catalogs from Nix Gut were confiscated. Despite several objections from the managing director and his representative that this would massively endanger the company's existence, all catalogs were confiscated. Prosecutor Weiß responded: "We accept that." Multiple requests from us for the return of the items shortly after the seizure have been denied to this day, except for individual items on which no swastika is visible.
2. Large-scale police operation against the information tables of the VVN (Association of Victims of the Nazi Regime) Baden-Württemberg at the Schorndorf and Backnang marketplaces.
Peaceful activists were disturbed in their educational work against fascism, and investigations were initiated against them. They were treated by the police as serious criminals. The reason for this was swastikas depicted on flyers that were crossed out or destroyed. It was clear that fascism was to be fought through these actions. It should be noted that the VVN was founded by persecuted survivors of resistance fighters from the Third Reich. These individuals, along with the new generation actively fighting against fascism, now feel "politically persecuted" by the Stuttgart Public Prosecutor's Office.
3. Swastika depiction in a photo gallery
On the website of the youth center Welzheim, state security officers reviewed hundreds of photos in a photo gallery. A photo of an election poster from the Greens, showing a swastika being thrown into a trash can, caught their attention. The operator was instructed to immediately remove the image from the internet. The background of the photo gallery was a festival against the far-right organized by the Juze Welzheim.
4. In return, we informed the public prosecutor's office and Minister of Justice Goll that these symbols can also be found in the largest German media campaign of recent years, "Du bist Deutschland", on the 2006 pocket calendar of the DGB, on badges of the former Bundesliga club "FC (Hamburg) St. Pauli", as well as on election posters of the Greens, ...
The crossed-out swastika symbol was created and used by the Scholl siblings/White Rose, who paid for it with their lives. Since then, these symbols have been used nationally and internationally in the fight against fascism.
In the TV spot "Du bist Deutschland" (long version; still available online), the swastika in the prohibition sign and the swastika being smashed by a fist can be seen after 14-16 seconds. We are not aware of any investigations against these institutions by the Stuttgart Public Prosecutor's Office. Currently, the swastika in the prohibition sign can be seen on the signs of the FIFA in front of the World Cup stadiums, as well as in the FIFA FanGuide, a book available in every stadium and also downloadable online. Here, FIFA succinctly expresses (as an international organization) that racism and fascism have no place in the stadiums. The press has already reported (Stuttgarter Zeitung, June 16, 2006) that the Stuttgart Public Prosecutor's Office will not investigate them, as this is "socially appropriate" in the case of FIFA. In a country with such a past, isn't every crossed-out swastika "socially appropriate"? Isn't that exactly what paragraph 3 of §86a allows?
Definition: socially appropriate: A behavior is considered socially appropriate if its value and benefit outweigh the disvalue, when the gain as a whole outweighs the judgment of the legal system ... (Source: http://www.google.de/search?hl=de&q=sozialad%C3%A4quat&btnG=Suche&meta=cr%3DcountryDE)
State security officers find a questionable photo on a small website (youth center Welzheim), while World Cup stadiums are secured by several tens of thousands of police officers without these symbols attracting attention. From our perspective, the behavior of the Stuttgart Public Prosecutor's Office can no longer be justified or tolerated. Why are self-identified anti-fascists not allowed to use these symbols while larger institutions are? Anti-fascists are being harassed, criminalized, persecuted, and in our case, there is even an attempt to destroy one or more existences. Furthermore, from our perspective, proportionality and justice have long since ceased to be upheld (confiscation of all catalogs or the prosecution of every single "button wearer").
II. Massive endangerment/destroying of jobs for particularly affected severely disabled individuals (according to §132 IX Social Code)
Due to the massive intervention in our company, our business has been driven almost to the brink of ruin. Only through private investors could the survival of the institution and the associated jobs be temporarily secured. Whether this will be sufficient in the long term remains to be seen.
The consequences of the house search:
a. It took about 2 weeks for normal work routines and processes to be restored. Orders/invoices had to be corrected due to seized items, customer contact, ... --) increased workload
b. A significant portion of the product range could/could not be sold anymore --) loss of revenue
c. For 3 months, new customer inquiries could not be processed, as no mail order catalog could be sent out anymore. --) loss of revenue
d. Numerous customers were unsettled and canceled their orders due to delivery delays, ... --) increased workload, loss of revenue
e. Many customers called out of uncertainty and were individually advised by us --) increased workload
f. The distribution, which was supposed to sell the catalog to kiosks and train station retailers, refused to do so due to the unclear situation. --) loss of revenue
We would also like to point out that Nix Gut GmbH, formerly JAG-M GmbH, has been an integration company according to §132 IX Social Code since its inception. From the beginning, we set ourselves the goal of integrating severely disabled individuals into the workforce with support and assistance. This was established as a corporate goal through the professional training and work practice of managing director Jürgen Kamm as a youth and home educator at Paulinenpflege Winnenden. The mail order business serves to finance our integration work. Since its inception, no profits have been distributed to the shareholders!!! The fact that the mail order business is anti-fascist in orientation has its reasons. Were not such minorities also persecuted and murdered in the Third Reich? The fight against fascism and social engagement are fundamental pillars of this institution.
We would like to emphasize once again regarding paragraph I that the endangerment of our existence was "accepted". Consequently, the endangerment of jobs for particularly affected severely disabled individuals was also "accepted".
III. Unequal treatment
Throughout Germany, with the exception of the jurisdiction of the Stuttgart Public Prosecutor's Office and a few other public prosecutor's offices, these motives are not pursued.
The prosecution of large organizations is not initiated despite clear evidence. We would also like to emphasize that we fully support the views of FIFA, the DGB, and the campaign "Du bist Deutschland", and a complaint would contradict the very essence of the matter. In the new federal states, a special police unit (Berlin-Brandenburg), which is deployed against right-wing violence, even has a destroyed swastika on its badge.
From our perspective, the public prosecutor's office is guilty of "unequal treatment" in its approach and investigations for the reasons stated.
IV. Refusal of legal remedies: Complaint and demand for the initiation of a supervisory complaint
All complaints we filed were immediately dismissed. The requested initiation of supervisory complaints has not occurred to this day. For this reason, we also feel compelled to draw attention to this deficiency in the form of a complaint. From our perspective, those who have denied us these democratic legal remedies are also guilty, and possibly the Minister of Justice for aiding and abetting, as he was also informed.
V. Unacceptable legal opinion / Interpretation of paragraphs
Our mail order catalog is submitted for kiosk distribution for the legal clearance of a law firm specializing in press and media law. They have certified us the clearance. Even after the specific reference to the current problem with the swastikas, the firm maintained its position: Quote: "We can only inform you that we cannot share the legal opinion of the criminal judge, who evidently assumes a violation of §86a Abs. 3 StGB in the present case. We are also confident that this judgment will not hold up in the appeal process."
Numerous politicians have since spoken out and consider the behavior of the Stuttgart Public Prosecutor's Office towards the Nix Gut mail order to be unacceptable. The press even reports of an intentional misunderstanding of the paragraph. This case not only causes shaking of heads among non-lawyers. We have not found any lawyers who share the views of the Stuttgart Public Prosecutor's Office, except for the judges of the OLG Stuttgart. The judges of the LG Stuttgart even see the matter as so clear (except for 2 motives) that it should not even have to be negotiated.
VI. Damage to trust in the rule of law
The stubborn and perhaps already naive view of the public prosecutor's office damages the trust of all parties involved and also those who have become aware of this case in our rule of law. A prime example of what is possible in our legal system. Numerous politicians, organizations, citizens, ... consider the actions of the public prosecutor's office to be unacceptable. Nevertheless, the public prosecutor's office remains true to its line and employs every means (e.g., immediate complaint to the LG) to achieve its goal. A law reflects the sense of justice of a society. In the case of §86, this is more than clear. For whom, then, does the public prosecutor's office work when it allegedly does the opposite in the name of those? For over sixty years, these symbols have sent a clear signal. All this in a country with such a special past and at a time when politicians are calling for more civil courage. These are certainly the wrong signals. One should not forget that anyone wearing such a button risks not only verbal attacks. Recently, for example, the media reported on a man clearly identifiable as belonging to the left scene, who had his eye smashed by Nazis with a beer mug because he wore a t-shirt with these symbols.
To further illustrate this farce, here are a few quotes from spokespersons of the public prosecutor's office that were partially made on television:
* A swastika in a prohibition sign is not clear.
* It is not clear whether the "Join In" figure is throwing the swastika into the trash can or taking it out.
* We have a different legal opinion here.
* We know that we are punishing the wrong people...
* FIFA uses the symbols socially appropriately.
These quotes, in our view, require no further explanation.
VII. Damage to reputation
The public prosecutor's office has repeatedly emphasized in the press as well as in the indictment/complaint that we distribute these symbols purely for profit-making purposes. These symbols reflect our political stance. The fact that we sell the items is a means to an end, as we cannot give them away and, on the other hand, the proceeds finance the support of the integration work. If we were a commercial and profit-oriented company, we would have exchanged these items for others. The accusation of commercialism is one of the worst allegations for a punk mail order. We request an examination of whether and under what aspect criminal acts are present. From our perspective, there is a suspicion of the persecution of the innocent.
Since the Stuttgart Public Prosecutor's Office can hardly investigate itself, we suggest assigning another public prosecutor's office to conduct the investigations.
Of course, we can provide numerous pieces of evidence and witnesses regarding the listed allegations.
Jürgen Kamm, Managing Director, Nix Gut GmbH
