The story · Working version 30 August 2026
When the state deprives a person of liberty, it must be able to explain why.
And when the lawfulness of that deprivation is challenged, there must be an effective and independent review somewhere in the system.
On 8 December 2022, a deprivation of liberty began which subsequently led to the enforcement of the Obwalden judgment of 20 November 2013. This documentation does not begin by asking whom one should believe. It asks a different question: What do the contemporaneous records show?
01
Where is the initial suspicion?
In 2009 I was first questioned by police in Sarnen in connection with the leased vehicle. On 7 May 2010 I was arrested in Bern. I was then questioned again in 2010 about the vehicle and its whereabouts.
In the subsequent criminal proceedings I was accused of having committed fraud and misappropriation to the detriment of GMAC Suisse SA in 2009 and/or 2010. The defence records available also state that the lease instalments continued to be paid until my arrest; in 2012 GMAC later confirmed full repayment of the lease.
I dispute these allegations in full. More than that: I dispute that the alleged offence against GMAC occurred at all.
My present review therefore does not begin with the question why I was allegedly guilty. It begins one step earlier:
The first and fundamental question
What specific act is alleged to have occurred when, and what concrete contemporaneous fact caused the authorities to assume that fraud or misappropriation had occurred in connection with this leased vehicle?
Not: what was alleged later? Not: what does the 2013 judgment say? But: What did the investigators know, and at what point in time?
What specific act on my part is said to have satisfied the offence? Did the prosecution consider it to have occurred before my arrest on 7 May 2010 or afterwards? Who was allegedly deceived? What was the deception? What disposition of property and what loss are said to have resulted? Or, in relation to the alleged misappropriation, what specific act is said to have amounted to unlawful appropriation or disposal of the leased vehicle? And what contemporaneous evidence existed for it?
Under the Obwalden criminal procedure law then in force, the police were required to report to the investigating authority once there were indications of an offence, and an investigation was to be opened where suspicion of a criminal act was substantiated. The fact that fraud or misappropriation can generally be prosecuted ex officio therefore does not answer the decisive question: What concrete factual basis caused this investigative strand to be opened in the first place?
Public question to the then public prosecutor Bernhard Schöni
What concrete fact in 2009/2010 gave rise to suspicion that I had committed any criminal offence against GMAC Suisse SA?
I ask the then public prosecutor Bernhard Schöni to identify the first contemporaneous file entry showing what concrete fact in 2009/2010 gave rise to suspicion of fraud or misappropriation against GMAC Suisse SA. If there was a substantiated suspicion, the contemporaneous files should show what it was based on.
The original starting point is what is sought: a report, a police record, a statement, a concrete observation or another contemporaneous document. Something must have stood at the beginning.
On what documented factual and evidentiary basis did the leasing relationship develop into criminal proceedings for fraud and misappropriation?
GMAC Suisse SA's later confirmation of 16 July 2012 that the lease had been fully repaid and that code 178 “change of registered keeper prohibited” could be deleted does not by itself prove that no earlier offence could have occurred. It does, however, reinforce the need for a precise reconstruction: What specific act, at what time and on the basis of what contemporaneous evidence was treated as fraud or misappropriation?
02
Mid-November 2022: I go to the border post myself
In mid-November 2022, I personally went to the Swiss border post at Konstanz/Emmishofen. The reason was straightforward: I wanted to know whether the entry ban against me had already expired, or when it would end.
My identity details were checked. I was not arrested. I left the border area again.
The entry ban was limited until 22 November 2022 and expired on that date.
03
8 December 2022: What happened during those 20 to 30 minutes?
A little over two weeks later, I returned to the same border crossing. Once again, I went to the official border post in order to clarify my legal position regarding entry. I was not there to cross the Swiss border secretly or on my own initiative.
My identity was checked again. For approximately 20 to 30 minutes, telephone enquiries and system-based checks concerning me were carried out.
At the decisive conversation and the first binding intervention I was on German sovereign territory. Swiss border officers then gave me a binding instruction to enter a room on the Swiss side. Without that instruction I would not have crossed the border or entered that room. In that room I was informed that I was under arrest.
The central evidentiary question
Before these checks began, was there already a clear, active and immediately enforceable basis for arrest – or was something identified, confirmed, activated, transmitted or newly ordered during those 20 to 30 minutes?
The comparison with the check in mid-November makes this question particularly important: at that time, my identity details were checked at the same border crossing without any arrest. What data, instructions or system status had changed by 8 December must be clarified using the original historical data.
04
Frauenfeld. Obwalden. Sarnen. Stans.
After the arrest, I was first taken to Frauenfeld for one night. On the morning of 9 December, I was transferred to Obwalden. I then remained in police custody in Sarnen until 12 December, after which I was transferred to the remand and penal prison in Stans.
For each of these transfers, contemporaneous admission, transport, detention, communication and enforcement records should have existed, or their absence should be capable of explanation.
What specific detention, transfer or sentence-enforcement instrument was actually operative on 8 December 2022?
05
I objected while the sentence was being enforced
During my deprivation of liberty, I repeatedly challenged the lawfulness of the enforcement and referred to documents which, in my view, required review – including the GMAC matter.
During my detention, I also tried to obtain legal representation. I contacted approximately 32 lawyers. Around half told me that they had no capacity. Three explained that their practice concerned accident and social-insurance law; I received no response from the remainder. Despite these numerous enquiries, I was unable to find a lawyer willing to take on the mandate for the review I was seeking.
The decisive question is not whether a prison administration could have set aside a final judgment on its own authority. The decisive question is: Were my objections documented and forwarded to a body capable of genuinely reviewing their legal significance?
Review question
Which independent judicial authority carried out a substantive review of the lawfulness of the specific sentence enforcement – and where is the corresponding decision?
06
2023: The Office of the Attorney General of Switzerland repeatedly involves Obwalden
The available records of the Office of the Attorney General of Switzerland document a request to take over the proceedings dated 9 February 2023, a reminder dated 20 April 2023 and a renewed request dated 10 May 2023. Further submissions were forwarded to Obwalden in March and May.
It remains to be fully reconstructed how Obwalden responded to each individual communication. What is clear, however, is that the matter was repeatedly forwarded to, or followed up with, Obwalden.
Knowledge can be documented. The decisive issue is what review followed from it.
07
2024: Specific criminal proceedings against Obwalden public officials
In March 2024, I contacted the Office of the Chief Public Prosecutor of Zurich and made criminal allegations against several named Obwalden public officials. I requested an investigation outside Obwalden.
On 19 April 2024, the Public Prosecutor’s Office of Obwalden took over the proceedings that had previously been handled in Zurich. The takeover order identifies four specific accused persons and records the allegations I had raised of abuse of public office and unlawful deprivation of liberty.
This does not prove the guilt of the accused persons. It does show, however, that specific criminal proceedings concerning identified individuals existed and that Obwalden assumed jurisdiction over them.
08
The question of independence was foreseeable
In my submission of 24 March 2024, I had already referred to an earlier Obwalden case in which an external prosecutor had been appointed because of the small size of the canton and possible personal connections. In that context, I quoted the externally appointed prosecutor Reto Marbacher.
In my case, I likewise requested an external investigation. The Federal Criminal Court later declined to transfer venue and indicated that possible concerns about bias were to be addressed through recusal proceedings concerning specific individuals.
The consequence of that
If venue remained in Obwalden, what specific organisational or personnel safeguard took the place of an external investigation?
09
Obwalden took over the proceedings. What happened next?
The takeover of the proceedings is documented. The accused persons are identified. The alleged offences are identified. The dispute over venue is documented. The Federal Criminal Court held that the concerns about bias raised by me were not to be resolved by transferring venue.
Responsibility for the criminal proceedings therefore remained in Obwalden.
An authority that claims jurisdiction assumes responsibility for the proceedings.
The complete file must therefore now show: which accused persons were questioned? Which witnesses? Which records were obtained? What investigative instructions were issued? What evidence was gathered? What recusal or independence review was conducted? And what formal decision, if any, brought the proceedings to an end?
If a serious investigation was carried out, that will be published. If the proceedings were taken over but not effectively pursued, that too will be published.
10
Two avenues of review – while the detention continued
Two strands therefore intersect: on the one hand, my objections to the lawfulness of the sentence enforcement; on the other, criminal proceedings against public officials which Obwalden itself took over.
The central historical question is therefore no longer merely which authority was responsible for which part of the matter.
The central question is: who, during that period, was reviewing the lawfulness of the exercise of state power?
11
The workplace accident – another documented point of scrutiny
On 12 October 2023, a workplace accident occurred while I was serving the sentence at Wauwilermoos Prison. The institution later confirmed itself that the accident report to AXA had been “mistakenly omitted” and was only submitted subsequently.
In August 2024, Obwalden was informed in writing that significant injuries to both shoulders had been identified. At the same time, follow-up MRI examinations of the shoulder and spine were recommended and assessed by the medical staff at Zug Prison as medically indicated and necessary. Thus, in addition to the shoulder injuries, the spine was expressly part of the documented need for medical investigation. The consequences of the delayed accident report and the subsequent treatment require independent medical clarification.
12
30 October 2024: second removal and new entry ban
After the end of the sentence enforcement, I was removed from Switzerland again; at the same time, a new entry ban was imposed.
This gave rise to a new question that must be answered independently: What current threat to public security and public order was considered to exist in 2024? The decisive issue is not merely what was said about me in 2010 or 2013, but what specific individual risk assessment existed at the time of the new measure.
Review question for 2024
What facts supported the second removal and the new entry ban – and did the measure apply only in Switzerland or, via SIS, throughout the Schengen area?
This question would acquire additional significance if the 2013 judgment were set aside in revision proceedings. It would then be necessary to examine which parts of the migration-law reasoning were based on that judgment, the sentence that was enforced, or risk assumptions derived from it.
13
This story does not ask for belief
I ask no one to accept my account without scrutiny.
I ask for something simpler:
Open the files.
Show the original basis for suspicion in the GMAC matter. Show the complete 2010 exclusion measure and the risk assessment made at the time. Show the historical SIS/Schengen effect. Show the contemporaneous legal basis for sentence enforcement in 2022. Show the communications at the border crossing. Show where my objections during detention were forwarded. Show the judicial review decision. Show the investigative steps taken in the criminal proceedings that were taken over. Show the recusal review. Show how the workplace accident was handled. Show the basis for the removal and the new entry ban of 2024.
And if those documents contradict the picture I present today, that too belongs in this documentation.
The question that goes beyond this individual case
What happens in a state governed by the rule of law when a person not only criticises state power but specifically challenges its lawfulness?
The authorities had several opportunities to take a closer look. The records should now show who actually did so.
The time for assertions is over. Now let the records speak.
Documentation principle: Statements concerning authorities and accused persons are linked on this website to the underlying original records. Open evidentiary questions remain clearly identified as such. Factual responses and exculpatory material will likewise be published and placed in context.