Testimony of Former Pretrial Judge – Defense Raises Serious Allegations

Shackled Without Justification? Concerns Over November 29, 2022

The focus is on the hearing held on November 29, 2022, during which Ballweg was restrained with handcuffs to a table for over five hours — a measure the defense calls “unlawful and undocumented.” According to the German Federal Constitutional Court, restraints are only permitted in cases of specific and documented threats. Ballweg, however, had consistently behaved cooperatively — even at other hearings without restraints — and “never posed a security risk,” his attorneys assert.

Violations of the Right to Be Heard and Withheld Exculpatory Evidence

Dr. Berger is also accused of violating Ballweg’s right to be heard during the same hearing. Protocols indicate that Berger repeatedly interrupted Ballweg mid-sentence, refused to hear a defense witness, and declined to accept additional documents. The defense’s legal assessment is unequivocal:

“Such conduct violates the principle of human dignity and the European Convention on Human Rights — and cannot be remedied retroactively.”

Not an Isolated Case: Further Incidents and Removal from Judicial Duties

The restraint incident was not isolated. In January 2023, Dr. Berger was suddenly removed from the detention and investigative division and fully relieved of all criminal judicial responsibilities. This followed several motions for judicial disqualification and a criminal complaint by the defense alleging judicial misconduct. At a prior hearing on January 11, 2023, Berger terminated the session after just 14 minutes — “without presenting facts or allowing a legal statement.”

Defense Demands Full Clarification

The defense has announced it will press for answers in tomorrow’s questioning. “Why were fundamental rights such as liberty and the right to be heard so disregarded in his courtroom?” – that is the key question directed at Dr. Berger.

Ongoing Criticism of Pretrial Detention

The entire duration of Ballweg’s pretrial detention remains controversial. He was incarcerated from June 2022 to April 2023. The original charge of commercial fraud was later reduced to attempted fraud — with no injured parties and no proven misuse of gifts. The defense maintains that there was never urgent suspicion. Yet, courts refused conditional release for months — a practice “even experienced legal professionals consider extraordinary and troubling in a constitutional democracy.”

Relevance to Potential Compensation

Dr. Berger’s testimony is considered key to a central question: What compensation will the State of Baden-Württemberg owe Michael Ballweg for the human rights violations he suffered? Tomorrow’s hearing could bring clarity much closer.

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