In his 'established facts', Judge Carlos Manuel Sanchez Miranda states that Birgitte did not provide the required information the ministry of health needed to process our children. He fails to acknowledge that we had provided affidavits explaining that such information did not exist and WHY it did not exist.
Further, he adds that our child was killed crossing a river, implying this was somehow parental abuse or neglect. Of course, he fails to mention the fact that we were chased into exile by him due to his vandalism of law and due process on September 6, 2011 when he, as all the rest of the bureaucrats refused to hear our testimony, lied to police that my wife did not present herself, and raided our home with a search warrant which the judge himself solicited. Having honored the courts call to appear, we reacted to the judge's complete disregard of due process by seeking a safe places to hide,as would any other people persecuted in history by a government that begins to violate their own laws.
He also observes that our son was taken to CIMA hospital for a parasite. He The judge fails to add that we had suspected an appendicitis attack and taken our son in to run tests in order to address this potentially serious issue. We paid cash and the police found the receipt when they raided our house. The judge later concludes that this is evidence of parental abuse and neglect because we relied on "alternative medicine" to cure him. That is, in fact, a lie because when we suspected appendix issues we moved him in fast to the first class, private hospital. Afterward, when we discovered what the problem was, we remedied it with a simple medicine. (Parental abuse and neglect?)
His list of unproven facts include our condition in the country which we have already submitted a file to the court explaining our status or lack thereof. He also brings up the issue of formal education, which is something that none of these bureaucrats asked us about in the first place. Thus, this is a complaint presented by the judge, and judged by the same judge. A clear violation of article 23 and the rules of judicial impartiality where jurisdiction over the person has not been established by the affiant.
In his 'bottom line', he states that Birgitte "had plenty opportunity to defend herself." In reality, each of the bureaucrats who accosted us are in civil dishonor as they refused to rebut a single affidavit or notice. Ultimately it was Judge Carlos Manuel Sanchez Miranda who completely denied my wife any opportunity to defend herself when he refused to acknowledge her presence in the court as she stood and said, "I am Birgitte Poulsen, the individual Dr. Cerdas sought out." What are the charges? You see, we are not, nor have ever been citizens or residents of Costa Rica, because that voluntary registration is the contract that ties individuals to the obligations the state sets out in their codes. Without that voluntary registration (13.3) there is no civil nexus, not obligations, no civil venue. Since there is no actual crime or victim, there is no criminal venue either.
Judge Carlos Manuel Sanchez Miranda declares there is an abundance of evidence pointing to parental abuse and imposes a six month order to find us and our children at which point a decision will be made as to what actions to take next.
Under the principle of 'Lura Novit Curia', the judge claims the authority to know and exercise the law, but of course fails to recognize that his opinions are limited by due process and his constitutional oath and that his opinions are also limited to the affiant first establishing our status as contractees whereby the judge can then sit and adjudicate.
Judge Carlos Manuel Sanchez Miranda continues with dissertation on United Nations human rights, Rights of the Child as well as more civil codes. Of course, these are all moot points as they are limited to registered children. Interestingly, he includes articles 13, 29 and 30 of the código de niños y adolecesencia implying that we are not looking after the physical, intellectual, moral, spiritual and social development of our children. This almost has a scriptural ring, but he does not dare actually say we are negligent in these matters. His entire work is written as a supposition because we are not there to actually defend ourselves. He also says the children have a right to "know their mother", but once again our affidavits and notices were never responded to and this issue never questioned or we could have shown them this, plus dozens of witnesses IF the assumption was that we kidnapped someone else's children.
Also interesting is that he claims article 115 as giving him the power to rule over minor personas with injunctions and international treaties, but fails to speak of his duty under the same article to "seek the REAL TRUTH". Which, of course, has nothing to do with anything except their jurisdictional failure and their attempt to kidnap our children.
His high ideals attempting to justify their mission to seize and assimilate our children into his religion (United Nations statism) so that they be not deprived of education, spirit of peace, personal dignity, tolerance, liberty, equality and ability to express their own unique personalities. Further, to be protected from physical, mental, sexual, or other maltreatment. However, he is not actually saying we are violating our children in these manners as there never were any of these issues originally raised. He is simply trying to create a distraction and cover his crime of September 6, 2011 which sent us into exile and accomplished nearly all of the above violations to our family and resulted in the death of our daughter. Judge Carlos Manuel Sanchez Miranda's vandalism of the law is what created the genocidal attack of our family resulting in four violations of the United Nations declarations against genocide.
All of his 'law' that he discusses are obligations that registered children and parents have with the state in order to receive entitlements. Any other matter outside of civil law would necessarily be criminal and require a complaint. As our reactions to defend our children from constitutional violations and due process violations and lies of the judge resulted in the death of our beautiful girl, Nikoline, Judge Carlos Manuel Sanchez Miranda is desperate to cover his crime because he is responsible for the death of our child, NOT MY WIFE. My wife is innocent just as Jewish parents escaping Germany were. I imagine many children were killed in their exiled status. Do you really think they were going to submit themselves to the 'authorities'? Ironically, in point 8, he says it is the duty of parents to protect their children as per their contract with the state.
Judge Carlos Manuel Sanchez Miranda uses his latin maxim earlier, and so here is another: Initio beneficicium non datur. (No one is OBLIGED to receive a benefit against his consent.)
In desperate attempt to include more specious and off point padding to justify his actions, Judge Carlos Manuel Sanchez Miranda digresses to Gustavo's use of the word 'cosmovision' which of course is incorrect. It is not our cosmovision, it is scriptural law which Judge Carlos Manuel Sanchez Miranda is tied to by his oath and the preamble.
In point 10 he declares that the constitution is not 'absolute', which is of course correct IF indeed the children/parents have registered, as the constitution does not protect people from a commercial obligation, or quasi contractual obligation enforced by a court. Those registered 'voluntarily' entered the contract and the constitution cannot protect those people.
Possibly the most eye opening thing said by Judge Carlos Manuel Sanchez Miranda in his dissertation is that these rights cannot be waived as my children are subject to these obligations. So, for those inside this contract, they cannot say no. However, no one may be forced into a contract backed by our foreign status, underwritten by the preamble and 194.
Judge Carlos Manuel Sanchez Miranda then offers health director from Puriscal who opines that my children are obligated to take the vaccines to protect other people's health. Once again, this may be great religion, but it is bad science and bad law. You cannot be forced to take medicine for the benefit of another. That is a tort against a man's body for law cannot injure one to protect another and a law cannot force you to break another law.
Judge Carlos Manuel Sanchez Miranda tails off his sentencing by stating that PANI is to take charge of our children and the Ministry of Health to commence a vaccination program that is "least detrimental" to them. Judge Carlos Manuel Sanchez still fails to prove his jurisdiction over our children, yet decides to damage our children in the least detrimental way.