(DE) AUTO-TRANSLATED GERMAN VERSION: https://www.rezamusic.com/writings/law-ethics/Daniel-Peyer-Richter-Baden-Gericht-Aargau
14 Feb 2024
From: Reza Ganjavi, MBA, Swiss Citizen
To: The Government Council of the Canton of Aargau, Der Regierungsrat des Kantons Aargau, Regierungsgebäude, 5001 Aarau, +41 (0)62 835 12 06, Stephan.Attiger@ag.ch, Dieter.Egli@ag.ch, Markus.Dieth@ag.ch, Joana.Filippi@ag.ch, kommunikation.rr@ag.ch
Copy:
Prof. Dr. iur Georg Müller, President of the Court of Justice, Präsident des Justizgerichts, Justizgericht, Bahnhofstrasse 2, Postfach, 5001 Aarau, 5001 Aarau +41 62 835 13 60 justizgericht@ag.ch, rebecca.jacquat@grossrat.ag.ch https://www.ag.ch/de/gerichte/ueber-uns/justizgericht
Executive President Fehr Gabriella, lic.iur., advocate, Geschäftsführende Präsidentin Fehr Gabriella, lic.iur., Fürsprecherin, Kanton Aargau, Bezirksgericht Baden Mellingerstrasse 2a, 5400 Baden, +41 (0)56 200 13 13 Gabriella.Fehr@ag.ch https://www.ag.ch/de/gerichte/bezirksgerichte/gerichte-nach-bezirken/baden/zusammensetzung
Mr. Viktor Egloff President of the Supreme Court of Canton Aargau, and the Judicial Board, Präsident des Obergerichts und der Justizleitung. Obergericht des Kantons Aargau, Obere Vorstadt 38, 5000 Aarau, +41 (0)62 835 38 50 viktor.egloff@ag.ch https://www.ag.ch/de/gerichte/obergericht
Dear Canton Aargau Government Council
I am filing this Administrative Complaint against Judge Daniel Peyer (Baden), pursuant to Canton Aargau Verwaltungsrechtspflegegesetz (VRPG) Section 4.2.3, "Verwaltungsbeschwerde", Article 50.
As I believe, but am not fully clear, that the proper venue is the Cantonal Regierungsrats, I am copying other parties, who may have a supervisory authority over this matter.
Pursuant to Aargau VRPG Article 31, I expect that there is no cost associated with this Administrative Complaint. If there is a cost associated with this Administrative Complaint, please do NOT process it, and discard the Complaint. While my intention is to help you improve, I do not want pay you, and help you improve the Justice Department at the same time!!
"Administrative proceedings in the first instance are free of charge; provisions to the contrary are reserved."
Reference: https://gesetzessammlungen.ag.ch/app/de/texts_of_law/271.200
Every statement of fact presented in this letter is true, or I have a good faith belief that it is true, based on facts. Statements of opinion are protected by Article 16 of the Swiss Federal Constitution.
The recipients of this letter are some members of the Government Council of Canton Aargau, with a copy to Dr. Georg Müller, the head of the Canton Aargau "Justice Court" which judged other judges. As such, Mr. Müller holds the position of "Judge of Judges" which is a position my father held for many years (not in Canton Aargau). Also copied are the head of the Baden District Court, Ms. Gabriella Fehr, and Mr. Viktor Egloff, head of Canton Aargau High Court, and Justice Leadership. However, the audience could be any member of public since a judge is an elected public servant who is a public figure, and is paid by public funds, and is entrusted by the public for upholding the law based on facts and truth and evidence, and a judge is expected to act responsibly and honestly and diligently. What a judge does is a matter of public concern because a judge is a public servant.
The purpose of this letter is to file an Administrative Complaint against Judge Daniel Peyer of Baden District Court in Canton Aargau in Switzerland. The aim of this communication is to help improve the Canton Aargau Department of Justice.
The cause of this letter is Canton Aargau's Judge Daniel Peyer's behavior, including misrepresentation in a legal document he authored, of the parties' settlement agreement. This is a valid cause for bringing the matter to the attention of the supervising authority, Mr. Georg Müller.
The timing of this letter is due to the fact that I have been extremely busy and did not have the time until now to write this letter. Even now, I do not have the time, but made the time, because it is very important that it is done, and this matter has bothered me as part of my consciousness which painfully popped up from time to time. It particularly bothered me, having grown up in the house of a great judge (my father) and seeing his behavior, and many of our friends and relatives who had legal careers, and the importance it is given to fairness and truth -- versus the biased treatment I experienced as a Plaintiff of foreign origin, against a native-Swiss, local Defendant.
I had a civil case before Judge Daniel Peyer in Baden, Canton Aargau, Switzerland, a few years ago.
I sued my landlord over a WiFi router, and also an allegedly unlawful Security Camera which invaded our privacy. I lived in that house for a long time, and the owner really liked me. He then gifted the house to his daughter, and she installed a WiFi router right next to my unit, which was horrible in terms of level of high frequency electromagnetic radiation which is genotoxic and very unsafe, as per most EMF scientists (see www.emfscientist.org for example), and the Health/EMF section of my website. The daughter (new owner) didn't listen to her own father's request to move the router, and a long lawsuit ensued.
I fought the case as a Plaintiff, pro-se (without a lawyer / self-representing) for the most part, and the other side, hired an expensive lawyer. After a very long time of fighting, they finally settled the case with me, and moved the WiFi router, and removed the camera. They could have saved a lot of money had they cooperated and averted litigation. That long fight, cost them a lot of money. That lawyer must have cost them so much money. I would make big filings, and she would probably charge per page to read and write a response, and I'd write a response to her response...
It was a Swiss (Italian origin) professional hotshot lawyer, a wealthy landlord on one side, and me, a person of foreign origin, in an environment where the Swiss Federal Anti-Racism Commission says there is systemic racism, and with my weak German (all my jobs in Switzerland were in English) representing myself, and making long filings in translated German -- each filing had to be corrected for proper German, which was very intensive work, but I had the support of several good friends who helped with that.
Finally the date of the trial came. The other side had said some things that were just not true, and for which there was no evidence. There was an English-German interpreter present. In my opening statements I said that truth is important. Just Peyer immediately protested my statement, saying we are not in America !
Really ?? So Truth doesn't matter in Switzerland? Is that what Judge Peyer meant? Of course, I could not argue with him, but his opposing my statement that truth matters, was very telling !
A Swiss lawyer friend and Baden local who has litigated in Baden used negative words to describe the court, which I will not repeat here, but she was essentially referring to how bias the court is, in her view.
I experienced that first hand. Ok, we can scratch the idea that truth matters, in Baden court. But that's not easy to do, because truth is the pillar of justice. Canton Aargau judges are paid to uphold the law, based on evidence, truth, facts, and truth should absolutely matter!!
Judge Peyer seemed to have made up his mind before the trial -- although he never found the pleasure of making a decision because the native-Swiss Defendant settled the case with me. Judge Peyer, in my opinion, was prompting and persuading a witness in a direction, to give the answer the judge wants. I found this very improper and could not believe the judge's suggestive question to the witness. Based on what I know about the law, even if a party's lawyer asks a suggestive question from a witness, it can be objected to by the counter party, and the objection sustained by the judge. Here, in my view, the judge himself asked a suggestive question that had the answer he wanted embedded in it.
Judge Peyer allowed the Defendant to interrupt me, but did not allow me to interrupt the Defendant when she was lying.
Judge Peyer allowed the defendant ask many questions from the witnesses. When I tried to ask questions, I often got cut off by Judge Peyer. Even a question which was clearly a question, was termed as comment by the judge, and I was shot down. This seemed to happen, when my question would have brought something that was contrary to the way the judge wanted the case to go. Simply unbelievable. This is not justice!
And so on.
I believe it was too tough for Judge Peyer to stomach the fact that a person of a foreign origin had prevailed in getting what he wanted -- or Judge Peyer made a creative or sloppy mistake?! Reality is I got what I asked for regarding the router and the camera, and the landlord moved the router and removed the invading camera. That's a fact.
In the closing order, Judge Peyer did some creative copy/pasting which did NOT represent the truth. He tried to blame it on the scanning process but in reality, later, he stated that its correction was unnecessary, so he endorsed it as is, while it is absolutely improper and a misrepresentation of the contract.
It could not have been a scanning error. I'm a professional expert in document management and my clients have included law enforcement and courts. At best it was a sloppy mistake. Or it may have been an intentional, biased act to make the "foreigner" look bad.
On 26 October 2017 Judge Peyer issued a "Simplified procedure for contesting termination / tenant deferment" ("Vereinfachtes Verfahren betreffend Anfechtung Kündigung / Mieterstre-ckung").
In it, he copy and pasted my signature out of place. I had signed the entire settlement agreement that contained five (5) clauses. Judge Peyer, took the first clause, copied it into his letter, then took my signature, and put it after the first clause. This cannot be ok. If a Judge wants to reproduce a settlement agreement, he needs to either reproduce the entire agreement, or if he chooses to do creative copy/pasting of one clause, followed by the parties' signature, it would be prudent, responsible, truthful, to state that this is just one (1) of five (5) clauses. Mr. Peyer did not do that. He only wrote:
"(The proceedings are written off as settled. The settlement reads as follows:)"
And then put clause 1 of the contract, and then copied and pasted my and the other party's signature section at the bottom of clause 1.
Why???? Why did Judge Peyer do this? He knew perfectly well that the contract had five (5) clauses. He knew as a judge, that to reproduce a legal document that is signed by two parties, presenting the first clause as the entire contract is deceptive and dishonest, in my opinion. He could have at least said "the contract contains several clauses; this is the first of of several clauses". He did not do that. It's difficult to guess his motivation. It could be a number of things.
My first impression, given his behavior in court which I viewed as extremely bias, that this was perhaps an act of bias, that perhaps he wanted to only present the first clause, and not the rest which clearly showed the landlord had agreed to what I had asked. By only presenting the first clauses, the contract was totally misrepresented, and did not look like the "foreigner" got what he wanted !! I doubt it was a sloppy mistake. He could have very well copied the rest of the clauses -- it was not a long contract at all.
On 3 December 2017 I wrote to the chief of Baden Court and Mr. Peyer. Here's an excerpt from the section to Judge Peyer:
"I have herd stories about Baden court being very unfair. I experienced it first hand during the trial and now, after I dismissed the defendant, in how your "decision" copied and pasted my signature in an improper way. How would you like someone to take a document you signed, take your signature and copy and paste it where it did NOT belong? In law this could arguably be considered as deceptive. You as a judge should know this very well.
You took paragraph (1) in my settlement agreement with the Defendant, and you pasted my signature, without my consent, and without informing me, and what appears to me to be a manipulative way in order to make the court "decision" be against me as though I conceded to the abusive termination notice. The only reason I let go of my claim was that the Defendant agreed to remove the camera that violated my privacy, and the WiFi router which was destroying my health, as soon as possible. You completely eliminated that part of the agreement in your copy/paste job!! I don't want to have to go to Obergericht to get this administrative bad move corrected but I will have to if this is not corrected by the 30 day deadline. So I ask you to ..."
On 4 December 2017 Judge Peyer wrote me a letter. His excuse for only representing the first clauses of the contract and not even mentioning the rest, was that this is their standard practice. True or false, in my opinion it creates a false record, especially if the other clauses are not even mentioned. The wording he had specifically referred to the contract as such: the one paragraph he pasted, followed by pasting our signatures!
A signature is intended to be agreement with an entire document that is signed and not just one paragraph of a contract. This is basic law, and every law student should know that.
Mr. Peyer went on to say that "the signatures of the parties are copied in by means of a scanning procedure as standard in the case of a decision to write off".
Ok, so the signatures are scanned. That should not give license to a justice authority to put that scanned signature anywhere it like. I signed a contract that contained five (5) clauses and not one (1) as misrepresented by Judge Peyer!
My lawyer who reviewed this issue agreed with me that what Mr. Daniel Peyer had done was inappropriate. Perhaps it's a Canton Aargau thing to do what Mr. Peyer did? Regardless, in my opinion, and my lawyer's opinion, it was inappropriate and compromised reality, facts, truth of the contract.
On 7 December 2017 I wrote Judge Peyer's boss, Mr. Rueegg a letter and copied Mr. Peyer:
Dear Mr. Rueegg:
Did you see Mr. Peyer's letter to me that he sent on 4 December? (attached)
It's pretty incredible. He's blaming the scanning process for him taking my signature out of place and pasting it under one paragraph of the contract. I cannot believe that Swiss law allows one paragraph of a contract to be considered as the entire contract by being posed as the only items in the contract. Mr. Peyer made no reference to the other clauses in the contract. He could have grayed them out, or enumerated them without full text. [Mr. Peyer made it sound like it is standard practice for you to take the signature of the parties and put them after one clause of the contract, and not even mention that the contract had other clauses!! This is inaccurate. If it is your standard routine, it is wrong, in my opinion. It misrepresents a contract. How would a reader know that the contract didn't have other clauses?!? ]
By manipulating the location of my signature as such, he made it look like I agreed to that item and only that item, which is a gross misrepresentation of the truth. The record must be corrected. [If that is your court's standard practice, it is wrong and dishonest, in my opinion].
Please Mr. Rueegg: I shouldn't have to go to Obergericht or Justizgericht or Bundesgericht or Frau Sommaruga to get this small correction made. I am not asking for much: only for an accurate record. The other paragraphs altogether consume 1/4 of a page. Can you please make this adjustment and reissue the "decision"?
Also, Mr. Peyer tells me to go to Obergericht to complain about this misrepresentation [imagine how much pain I had to endure by hearing that, which means a new legal process, significant cost, just to force a Judge to correctly represent a contract!!]. But I agree with the settlement agreement I signed, and the court's closing decision. So why should I go to Obergericht? This is an administrative issue regarding inaccuracy of record, and misrepresentation.
Also, Mr. Peyer tells me to go to Obergericht to complain about his misbehavior and utter unfairness during the trial (I listed a few of several items in the last mail). I believe Obergericht is not the proper venue for administrative complaints. There are other Kantonal bodies such as Justizgerich that are responsible for that. I don't know yet if I will file a complaint or not, but for sure, this misrepresentation needs to be corrected. My attorney who helped us reach that settlement agreement will be contacting Mr. Peyer with a demand letter. It would be much easier if you convince Mr. Peyer to correct this misrepresentation. Please inform me of your decision immediately, as my deadline for going to Obergericht is approaching.
Also, if you decide not to change it, please be kind enough to advise me about the point of escalation. I agree with the decision but not the falsification of the record.
PS -- ...
Many thanks and best regards
Reza Ganjavi
----
I had brought in a lawyer towards the end of the process, about the allegedly unlawful camera. She had won a case in the Swiss Federal Supreme Court regarding unlawful cameras. Before that, for a long time, I self-represented (pro-se), including at the trial.
I asked the lawyer to send a letter to Judge Peyer, demanding that Judge Peyer corrects the misrepresentation of the settlement agreement. It was sent on 7 December 2017. She wrote a letter to Judge Peyer, demanding that his "creative" copy/pasting in the closure order is corrected -- which had changed the meaning of the contract, and made it sound like I was at a disadvantage. Judge Peyer had omitted the statements in the contract that showed the native-Swiss party had conceded !! Unbelievable !!
Here's my letter to Judge Peyer:
[Translated from German]:
Mr. Reza Ganjavi, the plaintiff represented by the undersigned in the proceedings before the Arbitration Board for Rent and Lease (MI.2017.236) in the above-mentioned proceedings, has sent me your decision or write-off order dated 26 October 2017 (?). However, it only mentions the first clause of the settlement reached before the arbitration board on November 8, 2017, which comprises a total of five clauses. Although only this first clause relates to the district court proceedings, the settlement is incomplete and therefore not correctly reproduced, especially as it is not clear from your decision that other points were included in this agreement. I therefore request that you correct this oversight and send me a rectified decision, whereby, in my view, paragraphs two to five of the agreement of November 8, 2017 do not have to be quoted in full, but a corresponding reference such as 2. (...), 3. (...) etc. would suffice.
Yours sincerely
On 7 December 2017 I emailed the letter to Chief Judge Peter Rueegg, and Judge Daniel Peyer:
Gentlemen:
Please see attached letter from my attorney for the case which Mr. Peyer quoted, which is sent to you with registered mail today. She won a case in the Budesgericht similar to my case against the illegally installed camera (which I settled after the defendant agreed to remove the camera and move the router).
Please take action on it and correct the misrepresentation of the document which is a public document and very damaging for me the way it is presently worded. I am very upset about this. I hope you understand that you would not have liked your signature to be moved to a wrong place, without your consent, totally misrepresenting the fact that there was more to the contract than just my agreement to drop my case. I give benefit of doubt that Mr. Peyer did not represent it as such intentionally, but that's very hard to do.
I await the correction of this misleading record.
Thanks & Regards
Reza Ganjavi
On Page 2 of the correction order he issued on 7 December 2017, Judge Peyer corrected his apparently creative copy/past. He added reference the clauses 2 to 5 which he should have absolutely done so in the original order.
But so arrogantly, in my opinion, Judge Peyer wrote in the correction order that:
"Since the decision of October 26, 2017 is apparently unclear or incomplete for the plaintiff, it will be supplemented at the plaintiff's request, even if there are no grounds for doing so."
Misrepresentation Of A Contract Should Not Be Tolerated Or Be Business As Usual
So can we conclude by Judge Peyer's statement that misrepresenting a contract is business as usual? Accepted? Tolerated? Done all the time? Or is it just done to the disadvantage of the "foreigner" party (who happens to be a Swiss citizen in this case) by eliminating clauses in the contract that shows the "foreigner" party prevailed over the native-Swiss, local party, in getting the native-Swiss party to accept the reasonable demands that were related to health (pulsed high frequency electromagnetic microwave radiation exposure) and privacy (intruding camera)?
Judge Peyer: "apparently unclear or incomplete for the plaintiff" -- that is not true. copy/pasting one clause of a contract, and copy/pasting signature and attaching it to the bottom of that one clause, as though that clause is the entire contract, is at best inaccurate, and at worst, deceptive, dishonest, manipulative. It is wrong. No justice authority, anywhere, including in all of Switzerland, and all of Canton Aargau, should ever misrepresent a contract by attaching the signature to one clause, and misrepresenting it as the contract.
Judge Peyer is very wrong, and should be disciplined, should be perhaps taught about the implications of such conduct.
It was not that it was "unclear" to me or "incomplete for the plaintiff". It was incomplete per se, in itself. It was incomplete period. It was partial. A partial contract is not the whole contract. And to copy someone's signature and put it in the wrong place, is not a matter of subjective like or dislike, unclarity or incompleteness. It's flat out wrong. And a judge should know that better than any member of the society.
Judge Peyer Portrayed His Creative Copy/Pasting / Misrepresentation Of The Contract As Normal
Judge Peyer went on arrogantly stating: "even if there are no grounds for doing so."
When a contract is misrepresented by a judge, and a signature is copy/pasted in the wrong place by a judge, that is absolutely valid grounds for a correction. Judge Peyer saying "there are no grounds for doing so" shows that he is either not understanding the gravity of the issue, or is intentionally stating that irrational statement to save face.
Perhaps Judge Peyer did not imagine that a "foreigner" Plaintiff would catch or oppose his "creative copy/pasting" and is disappointed that his alleged misconduct was caught, and is trying to save face. His very reaction -- that this creative copy/pasting of my signature and misrepresentation of the contract was NOT a mistake and there are no grounds for correcting it -- shows that he did this intentionally. Apparently, based on Judge Peyer's own statement, what he did was not a mistake, it was intentional.
So this is a moral and legal question for the justice leadership of Canton Aargau, that is it proper for a judge to creatively copy/paste a clause of a contract with a signature that is pasted out of place, to make it look like that was the entire contract -- and that happens to be to the disadvantage of a "foreigner" party since the concessions of the native-Swiss party are NOT presented in the judge's creative copy/pasting?
In my view this is absolutely improper conduct for a judge. But Judge Peyer as portrayed it as normal. He showed no remorse, apology, or admission of error or fault. He further projected it as a subjective sentiment by me towards this misrepresentation of the contract. Do you see the objective problem of misrepresentation of a contract?
I wrote this to Mr. Rüegg, who was the boss at the time, about an administrative woman who came across as so rude and racist.
Dear Mr. Rueegg
On 12 December 2017 I was at the counter (Rütistrasse 3) asking a question about obtaining the court record. I had my laptop on the counter and was typing notes on it, about what the woman was telling me. She is the old woman who sits on the <> desk from <>. I think her name is <> but I am not sure. <> desk is <> who is a very nice lady.
She was extremely rude. This wasn't her first time. I was once there, months ago, and she acted like a dragon.
Also on 12 December, she told me to remove my laptop from the counter. This request absolutely made no sense, because in 21st century, many people use electronic devices for making notes. Your own court reporter used a computer to make notes, and not like last century, using paper and pen only.
Nevertheless, knowing how nasty and grumpy she appears to be, I reached to put my computer to sleep and close the lid and remove it from the counter (the counter is provided for visitors to put their their arm or paper or computer on. I had done nothing improper.
But the woman didn't even give me a chance to turn the machine off, and rushed towards me in a very nasty and offensive way.
I still wished her a good night. While I am not alleging racism, I suspect perhaps she would have been a lot nicer if I didn't have such a strange name, and if my German was better.
Whatever her problem is, nobody should be treated by her like that.
My question to you is this: is it not allowed to place a small laptop on the counter -- and is there something against court's rules to type on that laptop (take notes) -- or was this just a nonsense rule she was fabricating in order to exercise her "will to power". Apparently, she got even more nasty after she read on her computer, that I had the upper hand and the court wasn't able to rule against me, and I got what I wanted (which was the removal of the router which started this whole case against a landlord...), and to top that off, I successfully got the judge to change a misrepresentation he did, which he first resisted to change, but ended up changing after my lawyer got involved. These are all wins for me, and perhaps in her mind, that's not how it's supposed to be for a "foreigner". And maybe the laptop was the only excuse she could find to try to scorn me with. But was she allowed to do that or not? Is putting a laptop on that counter against your rules, and where is it written?
I'm only speculating possible motives for her being so utterly unhappy and nasty.
Please answer the question above, on whether putting a laptop on the visitor counter is against the rules or not.
I do know the Mellingerstrasse 2 location but I intentionally came to the location where I know records are held. I had been there before to review the case file, and the purpose of my visit was to obtain records of a case I am a Plaintiff in.
Many thanks and best regards
R. Ganjavi
This is not about Judge Daniel Peyer. It's a general statement a friend wrote. She had told me a long time ago about her negative opinion about the court in Baden. I wrote her for her opinions so I have them clearly in writing. On 26 January 2018 she wrote to me in bold letters:
Dear Reza,
on behalf of my long expierence with the Courts -also Baden - it is not worth to lose time by writing about them. They are <snipped> and lazy.
That's why I work "only" in the private sector since years.
Mit freundlichen Grüssen
I demand an answer to this administrative complaint.
Respectfully submitted
Reza Ganjavi
<adr>
~~~
SENT VIA EMAIL:
Good day. Please find attached an Administrative Complaint against Judge Daniel Peyer (Baden).
I am doing this as a favor to the society, so as to help my beloved Canton Aargau where I spent many years of my life, improve and grow.
This is the only version you will receive. If you like to have a print version, please print the attached PDF. I have already gone through a lot of work, putting this letter together. I have nothing to gain from it. It's a public service because what happened to me was wrong and should not happen to anyone. I will not invest more in it than this (to print / post). But I strongly suggest paying attention to the facts described herein.
Kind Regards
Reza Ganjavi, MBA, Swiss Citizen
~~~
I anticipate he will not answer since I do not believe there is any policy or procedure or law or rule that allows a judge to take a signature, and paste it somewhere else: to one clause of a contract. I also asked his boss, and his boss also didn't come back with any reference to why such action would be authorized, appropriate. Short of any evidence to the contrary, I maintain my stance that what Judge Peyer did was wrong. Even if there is a rule that allow that, that rule itself would be inappropriate.
16 Feb 2024
Good Day Mr. Peyer
I filed an administrative complaint against you yesterday. I suppose you remember the case I filed as a Plaintiff, which you presided over. I just did not have the time until now to write the administrative complaint, but the cantonal justice leadership told me there is no statue of limitation, obviously, for an administrative complaint.
I noticed in an email that you sent me back then that you portrayed it as normal business practice to take somebody's signature, and the first clause in a multi clause contract, and portray that as the settlement agreement, or reference there. To me it does not make sense but I'm curious if what you said is really true. It's hard to believe. Can you please point out to me an article of law, or code of civil procedure, or any kind of documented regulation that calls for creative, copy/pasting of a signature, and one clause of a contract, and not even mentioning that the contract has multiple clauses -- when a case is settled and you dismiss it.
If you can show me that, then I will revise my administrative complaint and point the finger not at you, but at whoever wrote that rule.
If you cannot show me such a rule, it just strengthens my belief that you improvised and "creatively" decided to leave out the very relevant clauses of the contract that showed I got what I wanted in the lawsuit -- and pasted my signature in a place which I did not sign. I cannot believe this is business as usual in a justice organization.
Regards
Reza Ganjavi, MBA, Swiss Citizen
Dear Madam
Thank you for the message. It is entirely your choice to ignore and not open the PDF that I sent you. It was intended to help you to run a better organization which is more responsible than taking people's signatures and putting them where they're don't belong, which is how it seems unless you can provide some legal reference that you're allowed to do what Mr. Peyer did.
I would be very suspicious of believing that you did not even open the PDF when you saw the list of recipients but that's for you to know
With regards to your email today please note that the administrative complaint that I sent is not a illegally binding complaint for you. I don't believe, like you said yourself, that you are the supervisory authority over your judges. Nevertheless you are their line manager as far as I know, and you run that operation in Baden with its not so good reputation as far as I have heard, so you can use my advice and feedback to improve your operation, or not. That is your choice.
With regards to my question: it was not asking for legal advice. It was about your processes and whether you endorse your judges taking people's signatures and creatively doing a copy paste on one clause of a contract without even mentioning that there are several other clauses in the contract!
I understand from your non-answer that there is no rule that allows you to do that. And therefore I maintain my impression that what your judge did was indeed improper. But I also wrote to him so maybe he will clarify the matter.
You're in the seat of power and authority. But you and your judges are accountable to the public. So when a member of public asks you to bring a reference to an article of law or code of procedure or rule that allows you to do what you did, that is not asking for legal advice. That is asking an elected official to substantiate their action by providing a legal reference. It's not too much to ask for. But I suspect you will never be able to provide such a reference because it probably doesn't exist. If it did Mr. Peyer would have referred to it already, or he can do that now.
All the best
R. Ganjavi
PS - I just saw that you are part of the green party, maybe still. That's wonderful. I'm sure you're a fine person. And I wish you all the best.
~~~
Dear Ms. Fehr
I wrote to Mr. Peyer today and asked him if he can cite an article law, or code of procedure, or regulation, to justify what he did in the dismissal notice. Perhaps you could answer this question please. If so, I will retract it from my administrative complaint.
Is it normal for your judges, in writing a dismissal order, to refer to a settlement contract as Mr. Peyer did in his ruling -- and state that this is the settlement contract -- and copy/paste the first of 5 clauses of the contract, and copy and paste the parties' signatures after the first clause, out of place (the signature was for the entire contract -- justice authorities should not have the liberty to just take scanned signatures and put it where they want), and not even refer to the fact that there are other clauses?
Is this allowed in your organization? If so, according to which rule, which law, which code of procedure or regulation or formal document?
I assume if neither you, nor Mr. Peyer can present such reference that proves the legitimacy of this practice, it's fair to conclude that it was not legitimate.
Many thanks and best regards
Reza Ganjavi, MBA
Swiss Citizen
~~~
Dear Ms. Fehr
I have an administrative complaint against Judge Daniel Peyer. Can I send it to you via this email address?
Many thanks and best regards
Reza Ganjavi, MBA
Swiss Citizen
~~~
On 23 February 2024 the nice lady confirmed again that it was received, it was sent to the court of judges (Justisgericht) and that I don't need to send a paper version.
Dear Judge Lindner
Thanks for the message. I understand that I have no party status. That's normal for administrative complaints.
You stated that because the case happened some time ago; and because Mr. Daniel Peyer "resolved" the matter that you say I complained about -- on his own -- that your Supervisory Commission will do nothing.
Mr. Lindner and your respected colleagues whom I am copying because this is important; please note the following:
1) I have heard nasty things about the Baden Court -- regarding how prejudiced it is -- and I have experienced it first hand as a Plaintiff.
2) As a country we have a serious problem called racism. The Swiss Federal Anti-Racism Commission is very concerned about "systemic racism" in Switzerland and how Cantons, like Canton Aargau I assume, are ignoring the problem.
3) I did not just complain about Mr. Peyer's "creative copy / pasting" of my signature which misrepresented the settlement agreement I as the Plaintiff reached with the Defendant. I complained about other things too. You just ignored those, in your reductionist approach to quickly arrive at the "can't do" attitude, and brush off the matter, sweep it under the carpet.
4) The "resolution" of the creative copy/paste was accompanied by an arrogant remark that what he had done was just fine, correct -- I vehemently disagree. Taking my signature and moving it where it was NOT intended to me and where it was NOT, is disrespect for my signature, and a violation of the integrity of the signature process. Do you understand this? If you do, it should not matter that some time has passed. Judge Peyer is still a judge in Baden, and you can reach out to him and his boss, and them if what Mr. Peyer did business as usual or not. Then you can compare it with books of rules. As a senior judge, you probably know the book of rules any way. Is it appropriate conduct to do what Mr. Peyer did? And if so, which book of law authorizes a justice authority to do that? Can you answer this for me? When I asked Mr. Peyer, he did not answer, which I assume it means, that practice is not authorized by any Swiss books of law which in effect would say: "A judge is allowed to take a signature of a party, and move it somewhere else...". Is that really ok under Swiss law?
It's black and white. If it's ok, then
you could tell me which law or procedure or policy authorizes it.
If it's not ok then
the Aargau justice system could use the opportunity to learn and improve
Regarding the timing, the Justizgericht of Canton Aargau, told me back then that I could complain about this any time. There is no legal time limit for such a complaint.
For the above reasons, I find your response wholly inadequate.
I do not have party-status in this case, but as a Swiss citizen who lived in Aargau for many years, I ask you to please answer these questions:
1) Which law allows a judge to engage in creative copy/pasting of other people's signatures?
2) Is it appropriate conduct for a judge to rebuke a Plaintiff who says truth is important (because the counter-party had lied), by saying this is not America?
The second question's answer is clear: NO. So, answering just the first question would be appreciated.
But the masters of the Aargau justice, may want to think outside the box, and promote a culture that learns and grows. Then communications like mine, can be used as tools to help the organization and its people to grow.
Best Regards
Reza Ganjavi, MBA
Swiss Citizen